Legal Question in Traffic Law in New York

I ran into a ditch

I was travelling down a road going about 50 mph. The speed limit was 45. I realized that the road I was supposed to turn onto was on the left and I slammed on my brakes in order to make the turn. I ran off the road and hit a small hill. I got out and checked the damage on the car and determined to be minimal so I started to pull away in order to drive home. At the point I was pulled over by an off duty police officer in his pick up truck. He claimed to see the whole thing from his house and said that I was speeding. He took my license, registration and insurance card and said to wait for police to arrive. Soon after a police officer arrived and asked me what had happened. I said I was going about 50 and I took the turn too fast and went off the road. He refused to believe that I was only going 50 and finally decided that I was doing at least 55. He issued me two tickets, one for speed not reasonable and prudent (55 in a 45) and one for moving from a lane unsafely. Is there anything I can do to contest these charges?


Asked on 4/22/03, 9:32 pm

3 Answers from Attorneys
Neil Colmenares The Law Office of Neil E. Colmenares, P.C.

Re: I ran into a ditch

There are certainly things you can do. Depending on the Jurisdiction where the incident occurred, you can demand discovery which would take a long time for the officer to contest. Then at trial you can cross examine the officer and impeach his testimony. This office is available to handle these matters depending on where the Court is located.

Yours truly,

Neil E. Colmenares, Esq.

The Law Office of

Neil E. Colmenares, P.C.

45-15 Union Street

Flushing, NY 11355-3440

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Answered on 4/23/03, 9:12 am
Brendan Chao Brendan Chao - Attorney & Counselor at Law

Re: I ran into a ditch

No. 1 - Don't ever make any admissions to a police officer if you are the subject of the investigation. No. 2 - How will the cop ever prove that you were going 55 mph? You said you were going 50, not 55 mph. The officer has the burden of proving your speed.

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Answered on 4/23/03, 9:37 am
Robert Evans Robert S. Evans esq.

Re: I ran into a ditch

The burden of proving the charges is upon the police officer ,if the officer who issued the ticket is not the officer who witnessed the incident,then you have a good chance at trial.If you decide to get legal representation feel free to contact my office @718-834-0087.

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Answered on 4/24/03, 1:29 pm


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