Legal Question in Traffic Law in New York

Earlier today I was driving down Belt Parkway East in Brooklyn, New York. I was driving with the flow of traffic (all cars moving ~60mph on a road where the speed limit is ~50mph) in the right lane. Up ahead, the right lane was turning into "exit only" so I accelerated to merge into the lane to the left of me.

I was pulled over by a police officer and told I was going 75MPH (25mph above the speed limit). I was ticketed for speeding as well as an additional ticket for "Driving on an Exit only lane"

The officer refused to provide me with the make and model of her radar gun as well as the date of when it was last calibrated. All I have is her Officer ID# and precinct as well as License plate.

I have never received a ticket for speeding before.

Can I and should I attempt to dispute this in court and how much will it cost in legal fees?


Asked on 9/08/16, 5:47 pm

1 Answer from Attorneys
Jason Stern Law Offices of Jason Stern

The most important thing to understand is that there is NO PLEA BARGAINING in NYC. You either plead guilty or go to trial where you will be found guilty or not guilty. Because of this system, it makes zero sense to plead guilty as you risk absolutely nothing by going to trial. Your best chance to win at trial depends on the judge, which is the main reason to hire an experienced speeding ticket attorney who knows which judges are lenient and which ones are impossible. On top of the increased insurance premiums associated with a six point violation and the fines due, if you are found guilty or plead to this violation, you will also receive a Driver Assessment Fee. This fee (at least $100/year) is in addition to other fines and penalties, and will need to be paid over a period of 3 years.

Considering most speeding ticket lawyers have years of experience fighting hundreds (or thousands) of tickets and doing hundreds (or thousands) of trials, you shouldn't consider representing yourself unless you can't afford an attorney. Unlike criminal court, you don't get a public defender in traffic court even if you can't afford to hire one.

If you'd like my assistance with this matter or to simply discuss your options, please call my office at 212-920-6950. I look forward to speaking with you.

Regards,

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Answered on 9/08/16, 6:12 pm


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