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)
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.
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.