How To Fight A Speeding Ticket In NY?

246 Comments

Do you have questions on how to get a speed ticket dismissed, how to get a speeding ticket reduced in NY, or how to plead not guilty to a speeding ticket in NY?

A dismissal of speeding ticket in is very hard to obtain. Most police officers who issue such tickets are familiar with what they need to say, and great deference is given to their testimony. With that said, there are things that will help you beat your ticket.

The most common way to win is if the officer doesn’t show up for your trial (sometimes two or more “no shows” are needed). Without the issuing officer, the People cannot prove its case. The motorist faced with an unavailable officer should move to dismiss based on “failure to prosecute”.

The next way that a speeding ticket will be dismissed is when the police office makes a major mistake during the trial. Major mistakes include omitting critical information, testifying inconsistently or committing some type of other error. For instance, we recently had an officer who testified perfectly about a speeding charge except he stated that the motorist was proceeding southbound. We adeptly pointed out to the judge that the ticket stated “N/B” (i.e., northbound) and, consequently, the judge dismissed the speeding ticket.

In order to avail yourself of an officer’s mistake, you should be a really good listener and take notes during his direct testimony. Also, when he rests, you get a chance to cross examine the officer. Before you start your cross, ask the officer to see his notes and other relevant paperwork. Read it and looked for anything inconsistent between those documents and his direct testimony. The more inconsistencies that you can point out to the judge, the more likely that the judge will discredit the officer’s testimony.

What is a Supporting Deposition?

Outside of the Traffic Violations Bureau, a motorist in New York can also seek dismissal of a speeding ticket when he or she is not timely served with a supporting deposition. Specifically, when a supporting deposition is demanded, the officer only has 30 days to serve it. This procedure is only available if your officer did not serve the supporting deposition (with your speeding ticket) at the time of your car stop and you timely demand it (i.e., within 48 hours of the issuance of the ticket or within 30 days of the arraignment date).

The foregoing are the most common ways that a speeding ticket can be dismissed in New York. It is not an exhaustive list but certainly provides a good overview. Good luck fighting your case!

Contact our office today for more information on getting a dismissal or how to fight a traffic ticket without going to court.

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246 Comments. Leave new

  • I was pulled over in Long Beach for speeding using LIDAR. I gave the officer my info and he went back to his car and started writing the ticket. A few minutes later, a 2nd police car pulled over behind the first police car, the officer of the 2nd car walked up to the 1st car and the cop who pulled me over handed the 2nd officer a bunch of papers. With that, the 1st cop (that pulled me over) drove away. A few minutes later, the 2nd cop walked up to my car and handed me a ticket. I questioned who he was since he wasn’t the cop that I handed my info to, and the cop said that the 1st cop had another call to go to. The ticket was signed by the 2nd cop who didn’t pull me over and most likely did not observe me speeding. The name of the 1st cop was written in (unsigned) the section where it asks for the Radar Operator Name. You can clearly see on the ticket that the handwriting in the top section is different from the handwriting in the bottom section. I also was able to record the 2nd cop when he handed me the ticket and he acknowledged that the 1st cop had to leave. He also claimed that it was legal for him to sign the ticket that the 1st cop started to write. Would I be able to fight the ticket claiming that the cop who supposedly observed me speeding didn’t write and sign the ticket and the ticket is invalid? If so, do I ask the prosecutor to dismiss the ticket because it is signed by the cop that didn’t observe the offense, or do I have to let the cop testify and then attack his credibility and ask the judge to dismiss the ticket? Thank you

    Reply
    • Andy,

      You can argue that the cop who supposedly observed me speeding didn’t write and sign the ticket and the ticket is invalid. I would add that both the observing officer and the issuing officer must testify at your trial.

      With that said, I would first politely discuss a plea bargain with the prosecutor to avoid the risk of trial.

      Matthew Weiss

      Reply
  • I got a speeding ticket in Rockaway Queens. The ticket states I was doing 44 mph in a 30 mph zone. The Speed limit where I was pulled over is clearly stated as 35 mph. Is this a big enough error to get a dismissal? What are my options?

    Reply
    • Mike,

      We recommend that you fight this one and bring proof of the actual speed limit.

      Good luck!

      Matthew Weiss

      Reply
  • Hi, I pleaded not guilty and requested a supporting deposition, as the officer was a nice guy and pointed out to me that he will not provide me with one. I never received a supporting deposition and my court date is next week. Will my ticket be dismissed?

    Reply
    • Matthew,

      Whether your ticket will be dismissed for failure to be served with a supporting deposition depends on many variables.

      Therefore, we cannot answer this question. With that said, of course, you should try.

      Good luck!

      Matthew Weiss

      Reply
  • Hi, I’ve got a speeding ticket (62 mph in 40 mph zone) in Harrison, NY. It was during pick hours, was driving a little faster then others (but not much). Clean driving history.
    What would you recommend?

    Reply
    • Matthew Weiss
      October 26, 2019 9:44 am

      And,

      I recommend that you plead not guilty as this is a 6-point ticket which could negatively impact your insurance rates.

      Matthew Weiss

      Reply
  • if the office who wrote the ticket does not show at the court hearing date, can you really ask for it to be dismissed? (and do they have to?)

    Reply
    • Bill,

      Yes, you can ask for a dismissal if the police officer failed to appear. Often, however, the judge will give the police officer a second chance.

      Matthew Weiss

      Reply
  • i was pulled over and the officer says he estimated i was doing 41 in a 30 but i was doing the speed limit he admits to me that he never administered a radar and he turned on his lights as soon as he pulled out so he didn’t try pacing my vehicle either and also on my ticket he writes that he used radar even though he admittedly said he did not i have witnesses in my car to verify that i was following all road speed limits so i guess my question is what can i say in court to get the case dismissed, and if he never used radar and he put that on my ticket can my case get dismissed because of this?

    Reply
    • Daniel B,

      We cannot provide “magic words” as what you can say to obtain a dismissal. A speeding ticket is valid in New York if based on radar, laser, clocking OR visual estimate.

      Matthew Weiss

      Reply
  • Officer noted both make and model wrong. – Not misspelled – Chevy vs Toyota wrong. Charge – 54 in 30mph
    Pleaded Not guilty, got a court letter 10 months later (!), setting date 11.5 months after citation.
    Q1 – can those errors get dismissal?
    Q2 – ISNT 11 months too long to bring case to court?
    Thanks!

    Reply
    • Matthew Weiss
      August 1, 2019 9:28 am

      Dmitry,

      Those errors do not render your ticket fatally defective. Eleven months is not too long and is entirely normal.

      Matthew Weiss

      Reply
  • I received a ticket recently for speeding in a rental car (15 mph above the speed limit) in Manhattan, however, the registration state of the vehicle and the registration expiration date were incorrect on the ticket. Grounds for dismissal?

    Reply
    • Matthew Weiss
      May 18, 2019 7:57 pm

      Ty,

      Neither are grounds for dismissal in New York. Sorry.

      Matthew Weiss

      Reply
      • The police officer mentioned if I pled not guilty, there could possibly be a fine and point reduction. Is that the case? What is the probability the ticket would be dismissed and under what grounds would qualify the ticket for dismissal?

        Reply
  • My mother was driving a car for her job as a runner and went 80 in 65 zone in newyork,
    She’s from Massachusetts she got pulled over and was told to plead not guilty and never received a ticket just some letter from newyork telling hear to appear for a hearing, what can she do?

    Reply
    • Matthew Weiss
      March 21, 2019 10:59 am

      Jon,

      She can appear on her court date or retain a NY traffic lawyer to appear for her. Outside NYC, fghting these tickets often results in obtaining a better outcome.

      Matthew Weiss

      Reply
  • Couple of days ago, I got a speeding ticket for driving 71 MPH in a 55 MPH-zone on rout 206 an hour before Ithaca. I am a safe driver but the reason I drove a bit faster was because there’s a car speeding behind towards me really fast. The road was quite empty at the time and I had my family with me in the car. For obvious reasons I was a concerned about the intentions of the driver so I sped up to avoid the speeding car behind me. The car eventually passed me. Unfortunately I did not slowed down quickly enough and a waiting NY state trooper gave me a ticket also without giving a chance to explain. The other driver was flagged down as well.

    The supporting deposition is attached to the ticket.

    I do not intend to go to the court because I live in MA. I am going to write a letter to explain this to the court. My question is: Can I return the ticket together with the letter without a plea (either guilty or not guilty)?

    Than you

    Reply
    • Matthew Weiss
      January 21, 2019 7:50 am

      Mike Lee,

      In my opinion, I do not think your defense will be successful. You admittedly did not slow down immediately after the “emergency” passed and, in any event, I don’t think a speeding car approaching you is going to be considered an emergency by most traffic judges.

      With that said, you can still plead not guilty and likely work out a reduction to a less serious charge. If you cannot return from MA, feel free to call us at 212-683-7373 to discuss representation.

      Matthew Weiss

      Reply
  • Joseph cintronelle
    January 9, 2019 1:23 pm

    I was pulled over for doing 75mph in a 50pmh. I was driving along with traffic and notice the office at the bottom of the curved downhill were he waits for the speed of vehicles to increase. I remember looking at my speedometer before slowing down and I was going 62. No was was I going 75. He also didnt sign his name under radars name ?

    Reply
    • Matthew Weiss
      January 10, 2019 3:59 pm

      Joseph Cintronelle,

      Going “along with traffic” and failing to the “radar’s name” unfortunately do not render your ticket defective.

      Matthew Weiss

      Reply
  • My 17 year old son, having his license for just under 4 months, got a speeding ticket coming off of the LIE in Maspeth, Queens for supposedly doing 45 in 25 MPH zone. When I got off of the exit today, I noticed that where he wrote the ticket, Mazeau & queens midtown expy, my son would still have been considered on the ramp as there are dividers before it merges. On the ramp, the posted limit is 30 mph. Also, my son noted that the officer put his lights on before my son passed him (so he had no idea it was for him, since he hadn’t gone past him yet), while he was decelerating off the exit. I am wondering how the officer got the 45 mph, as there is nothing under radar officers name or ID. Also, what is supporting deposition & how do I request it? I am planning on having him plead not guilty, as he is still in the probationary period & I believe he will face a suspension, in addition to the points & insurance increase. We are looking to retain counsel, but figured I would ask what you recommend.

    Reply
    • Matthew Weiss
      November 3, 2018 8:22 am

      Maria,

      Answers in bold below:

      I am wondering how the officer got the 45 mph, as there is nothing under radar officers name or ID. It sounds like he used a laser or radar device which can provide speeding figures before a vehicle reaches the officer.

      What is supporting deposition & how do I request it? In NYC, you are not entitled to one.

      I would ask what you recommend? Plead not guilty as this is the only way to possible avoid your son being suspended.

      If you want a free consultation. please email a photo or scan of the front of the ticket to [email protected] and include a return phone number in the email.

      Matthew Weiss

      Reply
  • Hi. I received a ticket in Nassau County for “Failure to signal stopping(decreased speed) on 10/10/2018 @ 9:51am and the officer wrote the appearance(or mail by) date of 10/10/2018 @9am. This seems more than a clerical error as it gave me no time to dispute. I obviously did not appear at the court an hour before the supposed offense to dispute. I just received a letter saying they corrected the appearance date to 11/21/18. Is this grounds for dismissal? Thanks.

    Reply
    • Philip B,

      I doubt that you’ll win based on this error but certainly make the argument.

      Good luck!

      Matthew Weiss

      Reply
  • I got 3 tickets: 1) failed to pedestrian crossing 2) unattended running vehicle and 3) speeding on working zone in the interstate 684. Which of these tickets get me points in my DL and which one has immigration issue?

    Reply
    • Miguel,

      #1 and #3 carry points. You should fight them all to keep your license as clean as possible (which cannot only help your immigration status).

      Matthew Weiss

      Reply
  • I received a ticket today by an officer that claims I was going 42 in a 25. I explained to her that I just pulled out of a gas station on the corner (after purchasing coolant) because my car was overheating and I was driving no more than 30-35 mph because I feared another overheat. I also stated to her I was on the way to my mechanic where I dropped the car off after the ticket to have it repaired.

    Reply
    • Matthew Weiss
      June 15, 2018 8:25 pm

      Justice,

      This isa 4-point ticket which can negatively affect your insurance rates. Therefore, you should plead not guilty.

      Matthew Weiss

      Reply
  • Question: Received a speeding ticket on the News York State Thruway yesterday. Upon reviewing the ticket today, I noticed the name the officer wrote the ticket two is not correct. The officer put my first name in the Last Name: box – field on the ticket, put the wrong middle initail in the MI field/bob and the wrong initail in the First Name field / box. Is this a letgitment way to fight the ticket?

    Reply
    • Matthew Weiss
      May 18, 2018 5:45 pm

      Rachel,

      I doubt that you’ll beat this ticket based on this error.

      Sorry.

      Matthew Weiss

      Reply
  • Hi
    I had speeding ticket from about two years ago my hearing exactly is 1 year and 11months later. Can the ticket be dismissed by default?

    Reply
  • Hello,
    I was pulled over on my way to school this morning around 7:15 on highway 90 heading to Troy NY. I was doing 81 in 65. When I noticed the cop I looked at my speedometer and it was about 78mph. He must have detected the 81 when I was passing someone before I reached where the cop was parked. I have a Massachusetts liscence, have only received 1 ticket before, about 3 yrs ago which was for being in the left lane too long, but paid the fine immediately and havent received a ticket till today. This is my first speeding ticket. He gave me a ticket and I either have to show up to court or plea by mail. I do not live near the court at all so wanted to plea guilty by mail so I don’t have to make several trip to the courts as I would if I plead not guilty. I’m a college student with a 4.0 gpa who was just trying to make it to school for parking and to read an assigned reading before my 8 am class. What is the best way to go about this so I don’t have to pay a crazy fine or one at all, and possible prevent points on my record?

    Reply
  • hi, i got a speeding ticket in the bronx 77mph on a 50mph zone, that part of the bronx no trucks allowed on the left lane and there were so i overtook and got pulled over, what can i do?

    Reply
    • Matthew Weiss
      January 4, 2018 9:58 am

      Ozzy,

      Pleading not guilty is the only way to possibly obtaining a more favorable result. Feel free to call us if you have questions about how to fight your speeding ticket.

      Matthew Weiss
      212-683-7373

      Reply
  • I was ticketed for failure to yield to a pedestrian in the crosswalk on West 96 Street and West End Ave. I was turning under 10 MPH and am fairly confident that there were no pedestrians on the crosswalk. The police stake out this corner every morning and there is a lot of traffic. I was not pulled over until about a half mile later while I was on the Henry Hudson Parkway, the delay probably due to the the police officer having to navigate around traffic before getting to my car. Might I be successful in arguing that the police officer lost track of the offending vehicle and mistakenly mistook my car for the other vehicle. I have a log of my Google Location History showing my movement and where I was stopped.

    Reply
    • Matthew Weiss
      December 9, 2017 1:31 am

      Jack Perara,

      This could be a good defense if the officer cannot testify that he “never lost site of your vehicle” especially given the length that you traveled between the alleged offense and car stop. Good luck!

      Matthew Weiss

      Reply
  • I was given a ticket on Staten Island Expressway going West (278 W) for driving at 69 mph at 50 mph limit. I was driving in HOV lane and I know I was not driving at 69. I may have been at 61 or 62 at most. I don’t have any ticket in my 28 year driving history. Expressway was extremely busy and lot many other vehicle moving at even greater speed. Cop was on the shoulder and it seemed was finishing up writing another ticket in front of me. I slowed down to let the other car merge to about 40 mph and thought that even cop would be merging in front but he didn’t. When I passed him, after few seconds he pulled me and gave me the ticket. He didn’t say anything except seemed to be talking in his mic that he pulled me over for driving over speed. He didn’t give me any thing else. What would be the best option? It will take my entire day if I have to go to Staten Island as I am from Suffolk.

    Reply
    • Matthew Weiss
      November 9, 2017 7:31 pm

      Sand,

      Your “I was only going 61 or 62” defense will not work. These constitutes an admission of speeding.

      More importantly, your chances of winning a speeding ticket in Staten Island is VERY, VERY low. Given your otherwise clean record, I would pay the ticket and take the NYS Driver Safety Class.

      Matthew Weiss

      Reply

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