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Is it possible to get 2 speeding tickets from the same Officer at the same time?

Flushing, NY |

Was driving on the Highway at 1 AM. Cruising. Highway Patrol pulls me over and asks me if I know why he stopped me. I told him that I don't. He claims that he checked my speed via Laser and clocked me at 89 mph in a 55mph zone. He wrote 3 tickets. 1 for disobeying speed limit sign. 1 for Lasering me at 89mph and one for Pacing me at 101 mph. Is it even valid to get two speeding tickets from the same Officer? I have a NYC drivers license. The officer is from Nassau County. Thank you!

Attorney Answers 5

Posted

Yes it is possible to be given multiple tickets at the same time for the same offense. Good news is that if tickets are returnable at Nassau County TVB than you have a very good chance of being able to negotiate a favorable disposition depending on your driving record. I appear in this court often. Do not miss work or school as you do not need to appear if yo u hire an attorney. Save time and money call my office for free telephone consultation.

When responding to questions posted on Avvo, I provide a general purpose response based on NY law as I am licensed in NY. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose. For specific advice regarding your particular circumstances, you should consult and retain local counsel.

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Posted

Yes, it's possible to get 2 speeding tickets from the same officer at the same time. I've seen it many times (although it isn't common). With that said, one of the tickets is very defensible on the grounds (among other things) that you should be penalized for essentially the same incident. The 89/55 carries is 8 point, the 101/55 is 11 points and the disobeying sign is 2 points (potential total 21). Because you can be suspended at 11 points, I seriously recommend that you retain an experienced traffic lawyer. I personally appear in this particular court regularly and am happy to provide a free consultation. Check out my Avvo rating and reviews. If not, best of luck with this case.

Matthew Weiss, Esq. Weiss & Associates, PC 212-683-7373 www.nytrafficticket.com Since 1991, we make fighting traffic tickets as easy as possible.

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1 comment

Michael J Palumbo

Michael J Palumbo

Posted

Matthew, 2 speeding tickets on 1 stop violates double jeopardy. I have a bullet proof motion on point if you ever need it.

Posted

it is possible but unusual. Get a lawyer to negotiate these tickets on your behalf that way you wont have to appear there and spend the whole day.

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Posted

It is absolutely improper and a constitutional violation against the protections of double jeopardy under both the US and NY State Constitutions to write 2 speeding tickets on 1 stop. Moreover, it is a clear abuse of police authority. You are now facing losing your license with all of the points. I have dealt with this issue many times as an attorney and have always gotten the tickets dismissed. Further, this is something that you should consider making a formal civilian complaint. Just go to the police headquarters, ask to speak to a supervisor, and ask how to make a civilian complaint. It is more than just a verbal thing you make it in writing and it goes to an investigating officer. Don't let them fool you into taking a verbal complaint there is no such thing. If the Sgt. gives you the run around ask to speak to the shift commander or duty captain.

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Posted

Yes I agree with the previous responses, it is possible. However, there is case law which states a motorist can not be punished twice for the same misconduct arising out of the same traffic stop. I would advise you to hire a lawyer and request he/she make a motion based on those grounds. The most likely outcome is that the court will dismiss the lower speed and you can either negotiate a plea on the remaining speed or take it to trail.

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