Legal Question in Traffic Law in New York

Should I Fight First Time Speeding Ticket

I received a summons today from a NYS trooper on I87. He stated I was going 86 in a 55. I was actually doing about 80. I don't think that the court will believe me over him. Should I just mail in the guilty stub or should I go to court and try to plead down. Also, if I just mail in the guilty stub, what sort of punishment would I receive? I would assume a fine, but according to 1180b, which is quoted on my ticket it states possible 15-30 days in jail.


Asked on 11/15/04, 11:28 pm

2 Answers from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Should I Fight First Time Speeding Ticket

This is a personal decision. The fine plus points is a substantial sanction, but do not concern yourself with imprisonment.

The issue of 80mph ot 86mph is a loser for you. Jurisdiction, whether or not you were speeding at all (his estimate or speedgun - speedgun is better for you), are possible winers for you.

An experienced lawyer has a nice bag of tricks and it is difficult to identify the technique that will prove successful at this time.

You are welcome to a consultation for no fee.

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Answered on 11/18/04, 12:49 pm
Robert Evans Robert S. Evans esq.

Re: Should I Fight First Time Speeding Ticket

This is my area of expertise as I am a former Traffic Court Judge, you are not really facing jail. However you are facing possible license suspension 31 mph over the speed limit is considered excess speed. A skillful traffic violation defense attorney would be able to negotiate a satisfactory plea to both save your license and reduce the points.Please call my office @718-834-0087 for a free phone consultation.

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Answered on 11/19/04, 10:53 am


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