Common and Costly:
The most common type of traffic ticket that we are asked about at Feifer & Greenberg are speeding tickets. Speeding tickets can do the most damage to your driving record very quickly because just one excessive speeding ticket can cause your license to be suspended. Even speeding tickets that don’t rise to that level can be detrimental to the health of your record and driving privileges. If a driver accumulates three speeding tickets in New York over the course of 18 months, New York will issue a mandatory 6 month revocation. Insurance companies can use speeding convictions as a criteria you raise your insurance premiums and drivers in New York already know how expensive that can get. Finally, the speeding ticket itself can be extremely expensive by the time you finished paying all the various fines, surcharges and assessments that come along with the ticket.
Avoidance and Enforcement:
So you can see the best course of action is to not get speeding tickets at all. However, thats not an option for everyone. Most people speed at some point. It can be a conscious decision or a completely inadvertent act. The police officer who pulls you over will not care about your reason or your propensity to speed in general. The police officer’s job is to issue tickets to motorists who they suspect are speeding. The police have some limited discretion to issue a warning if they pull you over, but they also have performance goals (QUOTAS) set by their department. If the officer does not meet those goals they can face disciplinary action or be reassigned to a different unit. The point is, do not expect leniency or understanding from the officer. You should also be aware that local municipalities depend on the revenue that these tickets generate to fund themselves. This is another good reason why if you are pulled over the officer is likely to issue you the ticket.
Defenses and Justifications:
In giving free consultations to motorists we hear a lot of reasons, defenses and justifications for why they were speeding. Common claims include;
– I wasn’t speeding.
– I was speeding, but here’s why.
– I was going to same speed as everyone else.
– Ok, you got me.
As stated above, the police generally do not care about your reason but they will write down if you make an admission of guilt to them. So do not admit anything. It can make it more difficult for you or your attorney to win your case at trial. It should be noted that we, as traffic court attorneys usually pursue other means of getting these speeding tickets dismissed before we use our clients statements. We find its much more effective to attack the police officer’s testimony and argue that they did not prove their case against you then to use our clients justification defense.
Methods of Enforcement:
The police a number of methods to conduct enforcement for speeding. The most common are Laser, (also known as LIDAR), Radar, Pacing (also known as clock and follow) and visual estimation of speed. Whatever method of enforcement the officer uses to pull you over for speeding, all are assailable and winnable by an experienced and qualified attorney. Obviously the specific arguments differ according to the type of enforcement and the specifics of the individual case, but no ticket is beyond reproach and all tickets are subject to strict scrutiny.
How We Can Help:
Just because an officer has written you a speeding ticket that not the end of the story. They have to prove it to the courts satisfaction and over the vigorous and tenacious representation of counsel. Our attorneys have fought literally thousands of speeding tickets and know what arguments are effective in fighting these cases. Because we are constantly in each jurisdiction and have intimate familiarity with them, we can tailor our arguments based on our knowledge of what each different judge values and what arguments are likely to sway them. While we may not win every case, (no one can!) we give our clients the very best chance they will have to win their speeding ticket.