I was pulled over for what I beleive to be a NYS trooper (he wasn't wearing a trooper hat), and he was in an unmarked SUV. He gave me a ticket for speeding (on an Interstate). He claims I was driving 85 (when I know I wasn't going that fast). The limit on that interstate is 65. My questions are: 1.) Can a state trooper in an unmarked vehicle legally issue a ticket? 2.) When I go to court can I ask for information on when his radar gun was last calibrated and the proof of the radar reading? 3.) At what point do I ask for a trial or something I read about online called Discovery if applicable in NY?
3. It is best that you retain an experienced traffic court attorney instead of trying to handle a trial, discovery and plea bargaining on your own.
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Car / Auto Accident Lawyer
Discovery is the exchange of information, and you should ask for it in court or you can write in demanding discovery. You can and should ask for what proof the officer has about your speed limit, but that information should be given to you on your first appearance. An unmarked vehicle is not an issue. You may discover that he was just following you and had no radar gun. Good luck.
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There are a lot of urban myths about the authority of a cop to issue a summons and what you can and cannot do in defense of a traffic ticket. Look, here's the thing. First off, all a lawyer sells is his time and advice. No lawyer is going to sit here and tell you exactly how to fight your ticket and explain to you the technical rules of discovery, what you can obtain, and how to obtain it. If you don't want to retain counsel then you need to figure that stuff out on your own. I can also tell you just based on the questions you are asking you are viewing defense of a speeding ticket in a totally incorrect light. Even if you perfect discovery and get the information you want (or don't) then what? You have already pissed off the prosecutor and the judge by making them work and now you have your "golden nuggets" in your hand. Now, you have to do a trial. And have you ever done a trial before? Do you know how to object, when to object, how to cross examine, the elements of a speeding ticket, if and when you should testify, the standards of the burden of proof? A qualified traffic ticket lawyer costs about $500.00. My office goes to court for you and we even give you a money back guarantee. Overarchingly, we save you time and money you will not have to go to court, hit a law library, and prep a trial. So the decision making process is whether your time is worth more or less than $500; if it's worth more you hire counsel, if it's worth less it's not. However, if you do go it alone look up the "Johnson" case the most authorative case in NY State on defending a speeding ticket. Also read the "Alejandro" decision.1-877-99-NO-TIX (1-877-996-6849).