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Is it legal for a new york cop to pull you over for speeding if he can not visually see you?

Friendship, NY |

a cop came up behind me at night time to pull me over for speeding because his radar picked me up from a half a mile away so there was no way he could visually see that i was speeding

Attorney Answers 4

Posted

The basis of the ticket is the radar unit. Visual sighting is not required. Nor must the officer show you the "read out" from the radar device.

If you will lose your license you should consider retaining an attorney to represent you.

Christopher I. Simser, Sr.
Anelli Xavier
269 West Jefferson Street, 2nd Floor
Syracuse, NY 13202
1-800-DWI-TEAM

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Michael J Palumbo

Michael J Palumbo

Posted

The basis of a ticket is the visual estimation first then confirmed by radar. This is because doppler radar beams spread out like a flash light beam the further away from the unit they get. They can pick up objects moving over 1/2 a mile away and provide false speeds as they go around large fixed and moving objects such as trucks, billboards, and trees because the objects distorts the wave, leading to artificially high speeds for the target vehicle. See, People v. Knight, 72 N.Y.2d 481, 530 N.E.2d 1273, 534 N.Y.S.2d 353 (1988)

Marco Caviglia

Marco Caviglia

Posted

Bravo, MJ

Posted

Sounds like a great defense until the cop swears he saw you the whole time.
He has to observe the violation to issue the ticket.

Joseph A. Lo Piccolo, Esq.
Immediate Past President, Criminal Courts Bar Association 11'-12'
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
Jlopiccolo@hbclaw.net

I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.

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Michael J Palumbo

Michael J Palumbo

Posted

I would love to try this case I would Ginsu a cop on cross with these facts.

Joseph A Lo Piccolo

Joseph A Lo Piccolo

Posted

I bet you would! Joseph A. Lo Piccolo, Esq. Immediate Past President, Criminal Courts Bar Association 11'-12' Hession Bekoff & Lo Piccolo 1103 Stewart Ave, Suite 200 Garden City, NY 11530 516-408-3666 (o) / 516-408-3833 (f) Jlopiccolo@hbclaw.net

Posted

You have to be very careful with this charge as you could be facing a license revocation if this is your third speeding charge in 18 months. Also, if you are found guilty of traveling 21 miles or more over the limit (5 points), you are facing the possible lifetime review by the DMV of your driving record. If you have ever been convicted of an alcohol related offense, this will have serious consequences under the new DMV regulations.

Please consult with a local attorney before you make any decisions on how to respond to this ticket

Answering this question does not create an attorney-client relationship between us. The answer given is for informational purposes only and is not a substitute for contacting an attorney licensed to practice in your jurisdiction and obtaining legal advice from such an attorney.

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Posted

No he must FIRST visually estimate.

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Asker

Posted

can u send me the article that says that?

Asker

Posted

artical of law

Michael J Palumbo

Michael J Palumbo

Posted

I could send you that - but I won't. I'm in business to sell my services representing people, not giving my knowledge away for free. You can retain our office to represent you if you'd like; we charge a low flat fee, give a money back guarantee, and go to court for you so you do not lose time from work. 1-877-996-6849.

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