Legal Question in Traffic Law in New York

Error on speeding ticket

Can I somehow have a speeding ticket dismissed because of a ''technicality''? The issuing officer indicated the time of the infraction as 9:58 AM when the ticket was issued at 9:58PM. I could have a witness or an affidavit for a trial stating I was somewhere else at 9:58 AM and couldn't have been possibly speeding when the issuing officer sais I was. If you can't get off on a technicality, do you have any other tips for fighting city hall? Thank you.


Asked on 9/03/03, 6:17 am

3 Answers from Attorneys
Robert Evans Robert S. Evans esq.

Re: Error on speeding ticket

That seems to be a possibility of a defense it goes to the issue of the P.O.s credability. For more info contact my office @718-834-0087.

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Answered on 9/03/03, 1:38 pm

Re: Error on speeding ticket

Unlike a parking ticket, errors on a traffic ticket generally are not cause for dismissal because the police officer can correct the mistake at the trial.

In terms of beating city hall, my experience is that you get a better deal if you have a lawyer represent you. You need to watch out for how many points you are going to get on your license because too many points in a set period of time can lead to a license suspension.

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Answered on 9/03/03, 8:50 am
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Error on speeding ticket

Excellant! You are in excellant shape to win this case. The judge has the right to evaluate the credibility of your witness, but in a traffic case that would be rare.

Good luck - you may not need it.

You are welcome to a consultation at my offices at 42 West 44th Street for no fee. Please call for an appointment first; (646) 591-5786.

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Answered on 9/05/03, 4:46 pm


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