Legal Question in Traffic Law in New York

Traffic: Speeding Violation

I was driving on the Long Island Expressway. a trooper pulled me over and issued a ticket, stating that I was speeding. the speed limit is 55mph and the officer said I was doing 83. In the papers I received, it states that he suspected i was doing 80, but the radar verified it at 81, yet it also says that the radar caught it at 83. do these contradictions play in my favor? It also says on top of the paper that it's a criminal court of state of new york. Does that mean that it's a misdemeanor? He also wrote down the following statement: ''i thought that the speed limit was 60, so I was doing 65.'' that statement is incorrect. do i have a chance at beating this by getting it dismissed? if not, do I face any criminal penalties or any type of suspensions or community service? thank you so much for the help!!


Asked on 1/27/08, 11:55 pm

3 Answers from Attorneys
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: Traffic: Speeding Violation

It depends on where you got pulled over. If it was east of exit 48 then it is a Suffolk case and is very more than likely a civil case.

If it is in Nassau County (West of exit 48 and east of exit 33) then technically you could go to jail for up to 15 days. It is however unlikely unless your driving record is a disaster.

Either way, the speed is nothing to laugh at. It could cost you thousands in extra insurance etc. You should have a lawyer for your court appearance and trial.

If you are interested in having representation you are invited to call my office and speak to one of the attorneys there that go to traffic court. You may reach us through the links provided below.

Good luck.

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Answered on 1/28/08, 2:15 am
NEAL SPECTOR, ESQ. NEAL S. SPECTOR, P.C.

Re: Traffic: Speeding Violation

The court that issued the summons is more important than anything else at this point and can make a big difference in how the ticket is ultimately resolved, in addition to the attorney you select to represent you. I have never heard of a driver going to jail on a speeding ticket under the simple circumstances you have described, and no judge wants to be in that headline. You can contact me in the event you would like to review this further.

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Answered on 1/28/08, 10:57 am
Robert Evans Robert S. Evans esq.

Re: Traffic: Speeding Violation

If Traffic Violations Bureau has jurisdiction,you do not face criminal penalties. However in that system there is no "plea bargaining",so you either win or lose. If the case is before a Village , Town or County Court then there is plea bargaining and there is a very small possibility of jail.I don't know of any cases of speeding alone which resulted in jail. I am a former Traffic Court Judge and handle matters such as yours. Please call my office @7188340087 for a free phone consultation.

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Answered on 1/28/08, 11:53 am


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