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Got a speeding ticket for 20 miles over the limit plus 4 points. How do I fight and win a speeding ticket?

Brooklyn, NY |

Got a speeding ticket for 20 miles over the limit plus 4 points. How do I fight and win a speeding ticket?

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Attorney answers 4

Posted

You hire a good traffic court lawyer.

I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

Posted

Depending on the court that the ticket is returnable to, you may have the opportunity to engage in plea bargaining. This is not always the case however, as the New York Traffic Violation Bureaus do not typically agree to lessen the charge. Consult with an experienced traffic law attorney.

This communication is neither a solicitation nor an offer to represent you. The information provided to you in this communication is not intended to create and does not create a lawyer-client relationship with the Law Office of Daniel A. Jimenez P.C.

Posted

Learn statutory construction, rules of evidence, how to conduct a trial, the elements of a speeding ticket, the equipment, the police training, and the affirmative defenses (if any apply in your case). That's it.

Posted

Thats correct, you are facing a 4 point speed. If you got this ticket in NYC, there is no plea bargaining and you must fight the original charge. If you got it outside the city of NY it usually can get plead down to a lower violation. Keep in mind if a driver accumulates 3 or more speeds in 18 months or 11 points in 18 months that driver will be off the road.

Assuming its in the city since you are from Brooklyn, you do not want to take any adjournments over the phone/online, becuase you want to see if the issuing officer shows up-if he/she misses twice you might be able to get the ticket dismissed.

You are innocent until proven guilty, the people of the state of NY-through the issuing officer have to prove all the elements of the violation, specifically that any instrumentality he/she used to determine your speed was calibrated and working properly both before and after the stop and that he/she never lost sight of you. If the officer used radar, it seeks out the biggest mass, were you alone in the zone of the influence of radar, was there other cars on the roadway with you? If you were in a honda and there was a suburban next to you, its going to seek out the bigger mass and therefore the officer does not have an accurate read on the speed of your moving vehicle.

A good traffic attorney would hold the people to their burden and make sure you get a fair shake.