I was pulled over last night for apparently going 76 in a 65 zone on 531 in Ogden, NY. When I passed the police officer I looked at my speedometer and saw that it read 70, and not 76. I pulled over when he put his lights on, he came to my window and asked if I knew why I was pulled over, he says "do you know how fast you were going?" I answered with "I was going 70mph sir" etc... he says he clocked me at 76, I looked down to my speedometer and notice the needle is roughly a 5mph angle below 0. I pointed this out to him and admitted this was the first time I've ever noticed this. If I can acquire proof from a dealership that my speedometer is in fact "miscalibrated" and plead not guilty to going 76, what steps would I have to do afterwards?
Criminal Defense Attorney
Faulty speedometer is not a defense to speeding, but it may help mitigate (reduce) the fine and points, as my colleague suggests. In any event, you admitted you were speeding (70 is still over the limit), so I do not see this as a case you want to go to trial with...I think getting the best possible plea deal should be your goal. Good Luck!
Speeding / Traffic Ticket Lawyer
A faulty speedometer unfortunately does not provide a valid defense to a speeding ticket in New York State. It would be too easy to motorists to drive around at all speeds and then claim impunity because their speedometer wasn't working right.
The are all types of ways to obtain a favorable result, however. Therefore, you may want to consult with a New York traffic ticket lawyer.
Matthew Weiss, Esq.
Matthew Weiss, Esq. Weiss & Associates, PC 212-683-7373 www.nytrafficticket.com Since 1991, we make fighting traffic tickets as easy as possible.
Criminal Defense Attorney
76/65 is a four point speed in NY. Take a look at the paperwork the cop gave you. You probably have one sheet that is the actual ticket, and another that says "supporting deposition" . At the bottom of the supporting deposition you may notice that that the cop recorded your statement that you were doing 70. You incriminated yourself and that statement can be used against you in court.
The difference between 76/65 and 70/65 is one point. 11+ mph over the limit is a four point speed, 0-10 mph over is a three point speed. The fine would most likely be the same for either speed so you would waste your time "fighting" the charge. And the only way to fight is to take your case to trial which you would lose unless you got very lucky.
Call a traffic ticket lawyer if you want to protect your record. A lawyer can negotiate a reduction to a violation that carries less, or no points at all with a lower fine. I handle traffic cases in your area. If you would like to discuss your case call me at 518-209-3673.
And remember, if you get stopped in the future,anything you say to the cop can and will be admissible at a trial as evidence against you.
This is not legal advice and you are not my client until you retain me. You must not rely on my answer as a substitute for the advice of your own lawyer.