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Speeding ticket with faulty speedometer

Rochester, NY |

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?

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Attorney answers 4

Posted

The judge may reduce the fine if you show that your speedometer is not working properly and that you had not noticed in the past. You can do so by having the speedometer calibrated and bring in the original of the results.

Posted

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!

Posted

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.

Posted

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.

Asker

Posted

Would it be fair to assume the best choice anyways is to plead not guilty to the charge of 76mph? The supporting deposition states "maybe 70." I am willing to appear in court to hear a possibly reduced charge. I also understand that since this charge is under 15mph that there will no be insurance record of it. Am I correct?

Christian Dominique Defrancqueville

Christian Dominique Defrancqueville

Posted

Plead not-guilty. The problem you may have is that the DA will not negotiate with you personally without a lawyer. It is the DA that prosecutes tickets, the court does not negotiate. With regard to the insurance law, that is true but it depends on how long you have been insured by your carriers.

Asker

Posted

I sent in my plea for not-guilty, in the past I have receive a ticket for going 17 over in a 55 and the ADA lowered my charge to just 10 over to receive the minimum speeding point accumulation. This ticket however is in a different area than my previous.

Christian Dominique Defrancqueville

Christian Dominique Defrancqueville

Posted

A traffic lawyer would not consider that a good deal unless you have a really bad record. That was a 1 point reduction. I will say this one more time- talk to a lawyer who does traffic, you will save time and money.

Asker

Posted

My mistake, I just looked at my traffic record and my previous charge of 17 over was reduced to a 2 point disobedience.