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.
246 Comments. Leave new
Hello,
I received a ticket on a state university.
The officer claimed he caught me on radar doing 52 MPH in a 15 MPH zone. I told him I had no idea that I was going that fast as I know that I was not. I did just come off a main road which was 45 MPH.
Regardless I received a citation for speeding, a 52 in a 15. However, the officer did not cite me for reckless driving. Also my specific case is not going to the university court but rather else where. I’m not sure which court because the court I called said it was the wrong one. I would call the number on the citation I received but there isn’t one included on it. I looked on both the front and the back and even had friends/family look at it to confirm.
What am I supposed to do?
Also I have never received a ticket before and I am 23.
Christian Barrett,
This is an 8-point ticket that carries roughly a $300 fine plus a $450 Driver Assessment Fee, and, if you are convicted, can lead to a suspension of your driving license or privileges. It can also adversely affect your insurance rates. We, therefore, highly recommend that you plead not guilty and fight this ticket. This the only way to possibly save points, money and avoid a possible insurance increase.
To locate the court, you may want to call the police department that issued the ticket.
Good luck!
Matthew Weiss
Hello Mr. Weiss,
Thank you in advance for your time and advice. I just received a speeding ticket in Queensbury while driving on I-87 North. The State police officer said that based on his direct observation and his Laser (LTI-ULTRALYTE), that I was going 81 mph in a 65 mph zone. While I am sure I was driving over 65 mph, I am not sure I was going that fast. I was in the left lane passing a car in the middle lane, at the same time a third car in the far right lane was passing the car in the middle lane. I plead not guilty. I just realized I mailed it in after the indicated 48 hour deadline listed by two days. I read your advice to another ticket receiver, and I will call the court tomorrow to let them know it is on the way.
My main concern is how can I be sure that it was my car his laser identified, rather than the other car that was passing? After some research, there are many different ways that I can argue this ticket. However, what do you think is the best way to go about it? Should I suggest a plea-bargain? Does the “Discovery” process apply to me in this case?
Thanks again.
Vicky,
Yes, I suggest a plea bargain as the officer will likely testify that he got your vehicle with the laser.
Matthew Weiss
I got a speeding ticket on Saturday 2/20. Today I returned my ticket with section B filled in (not guilty plea) and mailed it Priority Mail, thinking that was the fastest and safest way. I didn’t think I should send it with a signature required since the court is open only 3 days/week.
I had made a copy of the ticket before mailing it and, while re-reading the copy at home – after mailing in my original ticket – I realized that 1.) I didn’t put an “X” in section A (as directed if pleading not guilty) and, 2.) the mailing instructions said to mail it “registered, certified, or first-class mail with return receipt requested.” I don’t know how I missed that since I read the original ticket and sup. doc. at least 10 times.
Should I make another copy, put an X through section A, fill out section B, and mail it as directed with a letter asking that they please accept this second attempt or will that just make things worse for me? (This is my first ticket, I’ve been driving for almost 3 years, but I’m only just about to turn 19.) Thank you in advance for your response.
A.P.,
You can re-mail the amended ticket. Make a copy for your records.
Matthew Weiss
Good afternoon,
I am getting ready to mail in my plea of not guilty but I did not see the subsection that says a “Mail this NOT GUILTY within 48 hours. The court will notify you by First Class Mail of your appearance date.” I received the ticket on 1/31/2016. Does this mean I have to plead guilty by default now? Please advise.
Michael Haynes,
You can often mail it in after the 48-hour period. I recommend that you overnight it and call the court and let it know that it is on the way.
Matthew Weiss
I have been driving since 1972 and only received parking tickets since. I received my 1st ever moving violation at 11:42 a.m. on Feb 4 driving south at the intersection of Norgate Rd /Normandy Lane, at the border of Manhasset & Great Neck, immediately north of Northern Blvd. I asked Officer D Fliedner what I had done. He told me that I had failed to make a FULL STOP at a stop sign but on the ticket, he described the violation as “FLD to STOP @ STOP SIGN”. [Is there a difference in description & in the # of points assessed?]
I didn’t think to mention that I have taken the “National Safety Council” class at least 7 times but told him about my clean driving record and asked what to do. He suggested showing up in person to contest this 3 point violation or to plead down.
The return date on the ticket is March 17 at 9 a.m. Thanks for your assistance.
Susan,
There is no difference between FULL STOP at a stop sign and “FLD to STOP @ STOP SIGN”. In any event, I recommend that you plead not guilty. If you do, you likely can get this reduced to a 0-point ticket.
Good luck!
Matthew Weiss
Hello,
I received a ticket for speeding (78/55) in dutches county ny.
On the ticket and the supporting deposition the officer incorrectly wrote the state of my registration, it’s VT and he wrote CT, is this enough to to get the ticket dismissed?
Thank you.
Jim,
Unfortunately, this mistake does not render your ticket fatally defective.
Matthew Weiss
Hi Mr. Weiss:
I received a ticket from the Orangetown, NY police department tonight for violation of Section 1111 D1 (running a red light). The ticket does not have my correct last name on it. For last name it has “AR” written. My last name is 8 letters long and begins with a “G”. The ticket also lists the wrong registration expiration date. Do either of these errors make the ticket defective to the point it would be dismissed if contested?
Thank you,
Chris
Chris,
Neither of these errors render your ticket fatally defective. Sorry.
Matthew Weiss
The other night around 3am I was driving with my friend, (him in another car) we was driving home and my friend was driving a lot faster than I was and I sped up to follow him because I wasnt familiar with the area but my friend was further away from me so I sped up a bit to tell my friend to slow down cause I had to follow him and when we slowed down for my friend to tell me to keep going straight so that I can go home the officer come out of nowhere to pull me over and he said I was driving 115 mph which was ridiculous, my friend was probably going that fast, and I know I sped up but I wasn’t going that fast and he gave me a ticket for speeding at 115, dangerous driving, loud exhaust, and fail to signal. My car had an exhaust leak which I got fixed already, and he when he pulled me over I was in the center lane and he said I failed to signal from right to center and I was never in the left lane to move over to the center lane. He never showed me the radar or signed on the ticket where it says radar operator, I was very polite to the officer and I followed everything he said of asked with no problem but is there any way I could fight this because this is ridiculous
Jorge,
Yes, you can fight these tickets by pleading not guilty. It will not be easy, however.
Matthew Weiss
Hi, Mr. Weiss:
Today, 2/7/2016, at around 12:20 PM my girl friend and I was driving in the right lane headed south bound on interstate 87 between exit 26 and 27. Speed signs stated 65 mph, which I was driving 68 mph on the right lane. While in transit a New York State trooper was parked North bound, in the right shoulder, 20 yard from the turn about, came across both lanes waited for north and south bound vehicles passing by, which I viewed from my rear view mirror. He pulled behind me 3/4 of a mile down with his lights then I moved to the right of me and then passed me on my left and then I pulled over to the south bound right shoulder me over. He stated I was doing 81mph from his radar. How can this be?
Luis A Vegerano, Jr,
I’m not sure how to answer the question “How can this be?”. I assume the officer believes that you were speeding.
With that said, you can plead not guilty and try and get this reduced to a less serious charge.
Matthew Weiss
I was going southbound on the I87 and got caught doing a 89 on a 65 by exit 32. The officer asked if I know why I got pulled over I said speeding and that I apologize but I was just notified that my family member was notified that their apartment was on fire. He told me that I couldn’t do anything about it. He asked how fast i was going and I told him I didn’t know. Is there anyway I can beat this ticket?
Michael,
You likely cannot beat this ticket but, if you plead not guilty, you possibly can get this charged reduced to a less serious offense.
Matthew Weiss
Hello, I was following another vehicle going n/b on I-87. A cop pulled us both over, and said we got up to 95 mph. The cop gave me a ticket for going 80 in a 65, and told me if I chose to go to court he would bring up the original speed. If I plead not guilty will I have a chance of getting less than a 4 point violation?
Tyler,
If you plead not guilty, it sounds like the officer will seek to amend the charge back to 95/65. So, given that, I doubt that you’ll be able to get this reduced any further. Sorry.
Matthew Weiss
I was in Monsey, NY driving back 12:30 am and got pulled over for got 49 in 30 speed zone. I was given a white ticket page and he told me that if I plea not guilty he will probably take it down for traffic ticket??? Will he actually remember that???? he said big difference from 50 or 49 over the speed. What should i do?????? And it says mail by…. i can seem to make my plea online. Thanks!
Eric Grill,
You should plead not guilty. This is the only way to possibly obtain a more favorable result.
Good luck!
Matthew Weiss
I got a speeding ticket doing 47mph in a 25mph speeding zone and the officer measured my speed with a radar gun at a direct observation. The ticket was issued WITH a supporting deposition. Could I still plead not guilty to seek a plea bargain at the court?
Chisato Sandoval,
Yes, you can definitely plead not guilty and seek a plea bargain. Good luck!!
Matthew Weiss
I received a speeding ticket going 48 in a 30 on Pea Pond road. The speed limit sign was hidden behind a tree (and I have the photographs to prove it). Additionally, I was hit with a radar gun going in the opposite direction of the officer, but then pulled over by a second officer another half mile down the road (I was doing the speed limit at the time since I had realized my mistake). The ticket says the speed was calculated by radar gun and by direct observation. However, this ticket was also given to me by the second officer (I did not even speak to the officer that actually measured my speed with the radar gun). Are they incorrect to say direct observation in this case, and am I able to go to trial and get this dismissed? (I have the pre-trial 1/12/16).
If it helps, they also got the color of my car completely wrong (Grey where it is actually Blue).
Thank you
Connor
Connor Jones,
The wrong color does not render the car fatally defective.
The “pitcher and catcher” routine employed by the police officer can give the People proof problems at trial. Also, the obscured sign also presents a good defense. However, many traffic judges are strict so it depends on your judge how receptive he or she will be to your arguments. Therefore, I would seriously explore a plea bargain and see what kind of offer you can get.
Matthew Weiss
I was pulled over on Route 11 after being caught in a speed trap. Officer said I was doing 47 in a 30, but admitted the spot was “tricky” and he must have taken pity on the fact that I was sick, it was snowing, and I was traveling long distance. He instead wrote me a ticket for “obstruction of view” only. There’s no harm in fighting it, so I want to plead Not Guilty. BUT, do officers write down what they originally pulled you over for? If I fight it, should I only be concerned with the Obstruction of View charge or should I be prepared to fight the speeding portion too? Also, should I request a supporting deposition? I will need to mail in my plea letter eventually because I live too far to appear in court. Thank you!
Kayla,
Because you were given a very generous break, I would plead guilty. If you fight this (especially requesting a supporting deposition), you risk that the officer asks the prosecutor to amend the charge back to the original. Of course, you may get lucky and not be hurt by fighting the ticket (and even may benefit from it). Ultimately, you will have to decide if you want to “roll the dice”.
Matthew Weiss
Husband and I were driving on West Shore Expressway in Staten Island on Saturday. Going with flow of traffic, tractor trailer in front of our car, other cars behind us. Saw police car on shoulder with lights on — he pulled out and thought he was pulling truck over. Then realized it was us. He stated husband was going 71 in a 50. Husband even stated he was just going with the flow of traffic (I know not a valid excuse). This is husband’s first ticket of any kind at age 60. No idea how police officer determined our speed. Doesn’t indicate on ticket if it was radar. Any way to find out how he determined we were doing 21 miles over speed limit. Husband just wants to pay it. Not sure if that is the right thing to do given he will now have 6 pts on his license.
Janet,
There is not discovery allowed at the Traffic Violations Bureau. However, at your husband’s hearing, the officer will testify about how he estimated his speed. It will most likely be a visual estimate plus one other method (radar, laser or clock). If he just pays the ticket, then he’ll get 6 points, a fine plus a $300 Driver Assessment Fee (assuming he has an otherwise clean record).
Matthew Weiss
Hello,
I recently received a citation for speeding. My copy of the citation states that the total amount I owe is $107.50 (Fine- $42.50, E.M.S- $10, Surcharge- $45, Costs- $0, J.C.P/A.T.J- $10) however when I logged into the website to pay the fine it states that the total amount is $146?? Are they allowed to increase the amount that is stated on the citation??
(The extra amount is not due to any fees for using an electronic payment)
Nicole,
This does not sound like a NY traffic ticket. NY does not have fees for “EMS” and “JCP/AT”. I don’t even know what these abbreviations stand for. Further, the surcharge on a NYS speeding ticket is not $45. Therefore, I cannot answer the question except to write that fines in NY have a range and are in the discretion of the judge.
Matthew Weiss
Hello Mr. Weiss!
I received my first and second tickets this morning. I was going about 77 mph in a 55 zone, when the officer pulled me over and asked how fast I was going and if I need the speed limit I said I was going about 77 in a 55 and he told me I was going 80 in a 30 and wrote me a ticket for that, in addition to writing me a ticket for unreasonable speed/special hazards because there was some fog. I went back to double check and the area I was driving in was definitely has a listed a 55 speed limit which eventually turns to 45 at least a half mile away from where I was pulled over. This is all in the north bond direction, in the south bound direction the 55 area becomes a 30 mph speed limit so I think that he got that confused and on my ticket is clearly says north bound. Would this possibly be grounds for a dismissal since the area actually has a speed limit of 55 mph and not 30 mph as he listed?
Ashley,
You may be able to beat this ticket at trial based on this error. However, you’ll need proof (like photographs) and, of course, there are no guarantees that you win at trial. I would first explore a plea bargain option which does not carry the same risk as trial.
Good luck!
Matthew Weiss
Hello Mr. Weiss,
I just received a speeding ticket for going 84 in a 55. This is my first offense ever. The ticket does not say how much it is, but the officer told me that i can plea guilty and I will be sent a ticket with how much owe or I can plead not guilty and appear in court. He stated that since it’s my first offense maybe it could be lowered to a parking ticket.
Im not exactly sure what to do. Any advice? Also would this add points to my license? Nothing was said about points nor does the ticket state anything.
Gema,
This is a 6-point ticket that carries roughly a $200 fine plus a $300 Driver Assessment Fee, and, if you are convicted and have other recent convictions, can lead to a suspension of your driving license or privileges. It can also adversely affect your insurance rates and, most importantly, result in a suspension. We, therefore, highly recommend that you plead not guilty and fight this ticket. This the only way to possibly save points, money and avoid a possible insurance increase. If you cannot or do not want to attend traffic court, then you can retain a NY traffic lawyer to appear for you.
Matthew Weiss
I recieved a speeding ticket going 81 in a 64 on I88 going to oneonta from binghamton. The ticket says I was charged by direct observation and speed was verified by radar the model of stalker dual. Is there anyway to get this ticket dismissed by sending a letter to the judge ? The officer asked me when the last time I had police interaction was. I told him about a year ago from a speeding ticket. Well it was back in march of this year, and I had a inspection ticket 2 months ago. He came back to my car and said ” I wouldnt have given you the ticket if you didnt lie to me. I said I was sorry I wasnt lieing. I said I really didnt think the inspection ticket was what you were refferring to. Is there anyway to get this ticket dropped?
Amber,
No, you cannot get this case dismissed by sending a letter to the judge. If you take this case to trial and somehow convince a judge that the case is deficient, then you can obtain a dismissal. The only other way to obtain a dismissal is by timely demanding a supporting deposition and, then, if it is not served within 30 days, moving to dismiss. Otherwise, you’re not getting this case dismissed.
Matthew Weiss
I was pulled over for speeding in NYS going 72 in a 55. I mailed my ticket in to plead not guilty within the 48 hour window via certified mail as was stated on the ticket. The ticket stated that I would be contacted via first class mail regarding my plea. I never got anything back from the court regarding my plea (and they had received it two days after it was mailed out), so I appeared in court on the original date stated on my ticket. When the town justice asked why I was there, I produced the copy of my ticket. She then handed me an appearance letter for a month later) dated that same night, and 23 days after they received my plea) for the not guilty plea and told me to contact the ADA. Is this grounds for getting my ticket thrown out since they did not do as was stated on the ticket? Thanks for your time.
Kim,
This ministerial issue is not grounds for dismissal. Sorry.
Matthew Weiss
Thank you, Mr. Weiss, for your prompt response. Quick follow-up questions:
1. Can I obtain and arrange service of said subpoenas myself, and what expense should I anticipate? Will I receive subpoened materials in advance and have time to review them?
2. Considering the information I’ve provided, what course of action/defense would you recommend?
Thanks again!
Seth,
1. Can I obtain and arrange service of said subpoenas myself, and what expense should I anticipate? Will I receive subpoened materials in advance and have time to review them? You can obtain and arrange yourself. Expenses will be the subpoena fee and possibly hiring a process server to serve it. There are time limits in which the municipality will have to respond but, if the fail to meet them, you may need to follow-up or even ask for court assistance to get the responsive documents.
2. Considering the information I’ve provided, what course of action/defense would you recommend? You are facing a 6-point speeding ticket. I suggest that you plead not guilty and do not subpoena records. Instead, on your court date, ask for a conference, and you will then likely be offered a favorable deal (one with less points and allows you to save the Driver Assessment Fee).
Good luck!
Matthew Weiss
Last week I was pulled over for speeding and issued a ticket (79 in a 55 zone) in Ulster County. I was the fourth (and last) car in a group of four cars traveling at the same speed in the right hand lane, and no cars were in the left hand lane. The State Trooper was traveling NB and I was traveling SB. My radar detector alerted me to his presence before I saw him, so I slowed down. The cars in front of me did not slow down.
As the group of cars in front of me increased their distance ahead of me, my radar detector increased its alert, and soon thereafter I spotted the State Trooper on the other side of the highway. He was already pulling onto the center median (to initiate his u-turn) when I first saw him. I checked my speedometer as soon as I saw him and confirmed that my speed was under 60mph.
The State Trooper completed his u-turn on the center (grass) median, and then hit his lights and quickly caught up to me. I presumed he was headed for the pack of cars ahead of me, with whom I had been traveling. But instead he pulled me over. He approached my car and immediately told me he had me at 79mph. I politely asked him what method he employed to establish my speed, and he responded that he used radar. I politely asked him if he could have been mistaken that it was me who was traveling at that speed because, 1. I was the fourth car in a pack of cars, none of which could he see from his position/distance on the opposite side of the highway, and 2. I was aware of his presence due to my radar detector and I had confirmed my own speed was below 60 by the time we had visual contact of each other, and 3. He was already initiating a u-turn on the center grass median when we had visual contact of each other, which would imply that he had already determined someone else’s speed and was actually looking for them, and not me. The State Trooper told me no, “it was you–and I had you on radar before I saw you.”
I then asked to see the radar, and he refused to allow me to see it. I asked him, “are you denying me the opportunity to visually inspect and see the radar device in your vehicle and it’s readout?” and he said, “yes, I am refusing to allow you to see it.” He then said, “I had to take over 40 hours of training to properly operate this radar device, and I know it was you.” He then said he would not argue with me on the highway and that we could argue in court.
So, I have a few questions:
1. Is refusing to allow me to see the radar grounds for dismissal?
2. Can I request calibration information, serial numbers, maintenance records ahead of my court appearance? Is that helpful?
3. I travel extensively for work. Can I submit my NY Thruway EZ Pass monthly statements as evidence of my perfect and extensive driving record? I drive over 40k miles per year, mostly on the NY thruway. I’ve never received a ticket.
4. Is referring to my radar detector a no-no in court? I use one because I drive so many miles on the NY thruway that it reminds me maintain a reasonable speed–even when others are traveling faster.
Any other advice?
Thank you!
Seth
Seth,
Answers in bold below:
1. Is refusing to allow me to see the radar grounds for dismissal? No.
2. Can I request calibration information, serial numbers, maintenance records ahead of my court appearance? Is that helpful? Yes and maybe. You’ll likely, however, need to get and serve a so-ordered subpoena to get these items.
3. I travel extensively for work. Can I submit my NY Thruway EZ Pass monthly statements as evidence of my perfect and extensive driving record? You can try but such records are irrelevant so likely not.
4. Is referring to my radar detector a no-no in court? Yes, most likely (even though they are legal in NY).
Matthew Weiss
Dear Mr. Weiss,
I have been a good driver ever since I earned my license over 8 years ago, and have never received any traffic violations. (I even passed my road test with a perfect score of ‘0’ due to no errors).
Just last week I got an illegal U-turn ticket on Queens Blvd and 63rd Rd when going to pick up my disabled mom. There was a no u-turn sign, and I had a green left arrow. I did not plan to make the u-turn. I took the left at the arrow and see my mom right on the corner in front of Macy’s, so, I pulled over with another left to near the nearest curb (out of the flow of traffic) to pick up my mom who just recently had knee surgery.
I had the green arrow and there is no way any other car would hit me. (That traffic device No-U turn sign serves no purpose besides being a money grabber. I’m even thinking about writing my congressman to remove that sign, but I digress). As soon as I stop the car, the police show up, I realized I made a mistake, and they give me a ticket and leave in not even 5 minutes. As the officers are driving away I asked them if I would get any points on my license, they yell back “just pay it,” and “we don’t handle points.”
The ticket is mostly illegible, well my copy of it anyway; it seriously did not transfer well to my yellow copy. I can’t even look it up online, maybe they didn’t post it yet. I’m planning on pleading not-guilty and possibly trying to lobby this officer by taking him out to lunch so he can forget about this ticket (we are around the same age). I don’t want any points on my license and I sure don’t want a fine. Do you think this is a good plan?
Thank you for reading my crazy rant. 🙂
Best, James
James,
Your ticket will likely “hit” the TVB online system in a week (or so). Keep checking. I doubt your “take the officer to lunch” strategy will work (even if you could pull it off) and arguably constitutes an attempt to obstruct justice. Therefore, in my opinion, you should not pursue this plan.
Matthew Weiss
I got a 88/65 ticket last Friday on i90 west near Guilderland. This is my first time to get a speeding ticket? I choose to plea of not guilty. How should I bargain my ticket?
Mark Wu,
You will appear on the date scheduled by the court and have a chance to speak to the prosecutor. Do not deny (or admit) the charge, be polite and dress decent. Explain that you would like to work out a result without a trial. He or she will likely make you a plea offer at that time.
Matthew Weiss
Officer pulled me over saying I was doing 40 in a 30. He gave me a ticket, but when I looked it over, he left out two boxes: “MPH” and “IN MPH ZONE”. In “DESCRIPTION” it says “speeding in posted zone”. How can they fine me or give me points without that crucial information that would indicate how much/many?
Do I still need to fight the ticket? If so, how?
B,
You should fight this speeding ticket because it can adversely affect your insurance rates (if you have or get another moving violation conviction). The omissions that you list are critical so you have a strong chance to win.
Good luck!
Matthew Weiss
I received a failure to stop at a stop sign, pled not guilty and asked for deposition. I received the deposition the other day, the only information that is correct on it is the violation, I dont even think the location of occurrence is correct. Wrong information included in deposition: operator of the vehicle, dob of defendant, vehicle used to commit violation and registration number of vehicle.
Basically it seems like they sent me someone elses deposition. What would/should be my next step.
Thanks,
Pablo
Pablo,
Luck you! Your next step is to prepare a motion to dismiss the case based on the faulty information in the supporting deposition. This can get technical so you may want to retain a NY traffic lawyer to help you with drafting and filing the motion.
Good luck!
Matthew Weiss
I got a speeding ticket on Long Island for going 81 mph on a 55. I was night time and I didn’t see the cop car at all. The cop car was BLACKED OUT on the same side facing me. Once I went pass the cop car he turned on his lights and he pulled me over. Can the cop not have his lights on and give me a ticket?
Ralph,
Yes, a police officer can remain hidden in order to try and catch a speeding motorist.
Matthew Weiss
I received a bike ticket for running a red light in Manhattan on June 26, 2015. I am a foreign student on F-1 visa without a NY driver’s license, so the officer left the I.D. Number blank. I was going to fight the ticket because I don’t think I did run the light, but I lost the ticket. However I took a photo of my ticket, which tells me that I had 15 days to respond, so I went to DMV office in lower Manhattan to ask what I should do if I want to plead not guilty. I was told to wait until the ticket shows up in their system, at which time I will have the option of pleading not guilty.
I was not sure of this answer (because otherwise it renders the 15-day respond period pointless right?) so I called DMV again and received the same answer–wait until the ticket shows up. I have then been diligently checking NY DMV’s website at least once a week for three months now, but it is still showing ” the information you entered does not match the DMV records”.
My questions are:
1) How long does it usually take for the ticket to be entered into the system? Is three months normal?
2) Any possibility of a default judgment already entered against me without the ticket showing up in the system? (E.g., if my name or DOB was entered incorrectly.) If this could happen, I am concerned about my next entry into the US when the customs officer might refuse my entry.
3) What should I do at the moment? Keep checking or call NY DMV?
Thanks very much for answering!
Moumou,
Answers in bold after each of your questions.
1) How long does it usually take for the ticket to be entered into the system? Is three months normal? 14 to 21 days. 3 months is not normal and good sign that you ticket may have gotten lost.
2) Any possibility of a default judgment already entered against me without the ticket showing up in the system? (E.g., if my name or DOB was entered incorrectly.) If this could happen, I am concerned about my next entry into the US when the customs officer might refuse my entry. No.
3) What should I do at the moment? Keep checking or call NY DMV? Yes, keeping check. Like every other day. After a year, I believe that you can rest easy.
I was in the 390 hwy and the police said I was speed at85 in a zone of 65mph he put section 1180D I live 2 hours from the place he stop me.. He told me that I can do online course I want to know what can Ido i can’t show to court not I’m concern about how many points and I don’t want to plea guilty even I am because is my first time speedy and because I can do driving curse also …with all that they can take out all points ?
Sharil Colon,
if you plead not guilty (which you should), then you’ll have to appear in court or you can retain a NY traffic lawyer to appear for you.
Matthew Weiss
My son was stopped by a officer that gave him a ticket for 73 in a 55. He did not know how fast he was actually going and asked my son. My son answered about 73. On the ticket the officer stated that he admitted to doing 73.
The actual speed limit in that zone is 40. Would this hurt him if contested the ticket on the basis that the officer wrote the wrong speed limit down and also because he did not observe him but stated he heard him coming down the road and pulled him over. It is obvious it was my son as he was the only car on the road. But I am questioning the wrong speed limit on the ticket.
Eric Martin,
Your son should plead not guilty. At his conference, he should politely ask for a plea bargain. He will likely be offered something favorable and, if so, you will not have to make these arguments.
Matthew Weiss
Hi,
I was driving from Oneonta to Albany along I88 on September 12th. It was raining and it was 6:50 pm. I was pulled over by a police officer and given a ticket of speeding at 87 mph, while the speed limit is 65. It says stalker dual radar in the ticket. However the officer did not show me the radar or any supporting document. I just relocated to Oneonta from another state 3 weeks ago. There is a mistake on the ticket, my car has a color of blue, but the officer write as black. I know this would be a 6 point ticket if I plea guilty, also assessment fee and future insurance increase. The court is Richmondville Town Court. I am wondering if I choose to show up in court on the date printed in the ticket and plea not guilty, will I know the result that day or another date will be scheduled later? Also is there any way this ticket will not influence my future auto insurance? Thank you very much!
Zhu,
If you plead not guilty, on your court date, you or your NY traffic lawyer, can likely negotiate this down to a less serious charge saving you points and the Driver Assessment Fee. If it is reduced to a speeding charge of 15 mph (or less) or a non-speed, then your insurance rates will not be affected (assuming you have an otherwise clean record).
The wrong color of your car on the ticket does not render the ticket fatally defective. I wouldn’t even mention it.
Matthew Weiss
I was ticketed for doing 82 in a 55. i had just put new brake pads on my truck earlier that day. When i was going up and down steep hills on the way to Ithaca NY which is known for bad hills my brakes started smoking so i thought that maybe i had installed my pads wrong so naturally i let off the brake and while going down a hill to try to cool them off and started braking again towards the bottom and going the speed limit after about 20 seconds and my brakes were still smoking. when i reached the bottom of the hill i was planning to stop at a citgo gas station to check my brakes, i was pulled over. i explained to the officer that i had just gotten new brakes but i know that is still no excuse for my speed bt i was a little scared and not thinking logically. i got the ticket and i was on my way. is there any way a judge might lower the charge if i explain to him the situation with my brakes? im an 18 year old male i have never had a ticket of any sort and my vehicle and my insurance are all in my name and solely paid for by me. any help or advice would be greatly appreciated, thank you.
Austin,
You should plead not guilty. If you do, you likely can negotiate this down to a less serious charge.
Good luck!
Matthew Weiss
Hello,
I received a ticket for doing 46 in a 30. The Police Officer issuing the ticket never saw my license as I refused to show it to her. Her supervisor glanced at it through the window when I acquiesced to show it through the window. As a result the of the citing officer not seeing my license she put in a made up license expiration date. She also put in my DOB as the date of the offense. Any recourse?
Best,
Felix
Felix Jimenez,
Unfortunately, neither one of these items renders your ticket fatally defective.
Matthew Weiss
Hello,
I was travelling on I-90 in NY which is 65PMH but got off due to a car accident that stalled traffic and got onto a road that was 55MPH. I was pulled over by a cop going in the opposite direction of me (I saw him pull over and turn around) and informed me I was doing 69 in a 55MPH. I am researching if I should get a supporting deposition or not (another website states this will make a cop angrier and could result in being unfavorable for me when fighting the ticket). I did read it is nearly impossible to get an accurate radar from a moving vehicle. Should I get supporting deposition from the officer and would you fight this ticket?
Thank you for your help.
Kris,
It’s impossible to answer this question. If you request one and it is not timely served, then you can try and get your case dismissed. On the other hand, if it is timely served, then you may be jeopardizing your chance to get a plea bargain (or the best plea bargain). There are too many variables to predict. With that said, because your ticket is only a 4-point speeding offense, you likely will be offered a pretty good plea deal (4 to 2 points, or even 4 to 0 points), you may not want to take the chance.
Good luck whatever you decide.
Matthew Weiss
My son got a speeding ticket on I90 going through Buffalo. When the officer asked him if he knew
how fast he was going, he told him truthfully. He admitted to the
officer that he was doing in the 70’s. The officer wrote him doing 66 in a 55. This is his first and hopefully last speeding ticket. Can he ask the court if he can take a defensive driving course to have it dismissed. Would it be better for him to go to traffic court or just mail it in.
Thank you for your consideration
B. Albrecht
Brian Albrecht,
If he pleads not guilty, he likely can get this 4-point ticket reduced to a less serious charge on his court date. That’s what I would do.
Matthew Weiss
Hello. I received a ticket for 39 in a 20. This was apparently in a college area even though school is not in session. The ticket provided was a long type ticket. However, the officer left the “supporting deposition ” blank. Since he failed to provide this information on my ticket, can I get it dismissed?
Jeff,
No. You can, however, demand a supporting deposition. If you timely do so and the police officer fails to serve it within 30 days, you can then seek dismissal of the ticket.
Good luck!
Matthew Weiss
I got pulled over going east bound just past the border of queens and long island on the northern state pkwy. Cop wrote me up for doing 89 in a 50 and wrote down queens county. But the sign posted was 55 (just before exit 25 great neck) meaning we were already in long island . Can i get it dismissed for this reason?
Asher,
I doubt it. The officer will most likely testify that he observed the speeding offense in NYC and just followed you into Nassau County to make the stop. With that said, feel free to make this argument at your hearing.
Matthew Weiss
I received a traffic ticket for speeding this past week. I did not have my driver’s license on me but I spelled my name for the officer. My legal name is “Danny.” When the cop handed me my ticket he wrote “Daniel.” Is this mistake grounds for seeking dismissal?
Danny,
The mistake first name is NOT grounds for dismissal of a traffic ticket. Unlike parking tickets, these types of minor errors do no render a traffic ticket fatally defective.
Matthew Weiss
I was “supposedly” doing 53 in a 40 (Queens, NY North Conduit, Belt pkwy West Service Road) right by resorts world. There was a car DIRECTLY in between me and the officer. I saw the officer and I was not speeding. 40mph is way more than enough for the 3 blocks I was driving.
Also, my ticket is not even in the system yet.
Anything I can do?
Steve,
Keep checking the TVB online system. Eventually, your case will “hit”. Then, plead not guilty and fight this 4-point ticket. Check my posts and the related comments for helpful information about how to fight such a case in NYC.
Good luck.
Matthew Weiss
i received a ticket driving 69 mph on 55 mph on i87 in latham NY. i have never gotten any speeding tickets. would i be able to use unsafe to not get the two points?
thank you,
Sam Daher,
You should plead not guilty. This is the only way to possibly obtain a more favorable outcome.
Matthew Weiss
I got a ticket for doing 94 in a 50.but I know I wasn’t,I was in the far left lane there was a car on the side of me and in front but he pulled me over I guess because my car stood out. and I didnt pass the cop cari saw him a head of time so I know I was going that fast, he was like 100,150 yards away pull out the grass waited for me to pass then got behind drove behind me like 40seconds before he pulled me over. I was driving in a pack I guess because I switch lane he targeted me I been driving 15years and only got 3 tickets I have a cdlA.do I have a chance to beat this ticket?.do I need a lawyer?
Anthony,
This is a VERY serious ticket (especially for someone like you who drives a truck for a living). You should plead not guilty, and consult with (if not hire) an experienced NY traffic ticket lawyer. This is the only way to possibly obtain a more favorable outcome.
Matthew Weiss
Received my first ever speeding ticket today, I have a clean record no points and never issued a traffic ticket before. Cop wrote on the ticket 75 in a 50zone. Clearly i seen the cop and checked my speed was doing 64-66mph as I passed him and he turned on his lights. There’s no court date on the ticket or nothing how do I go about this Getting the least to no points or even not having to pay a lot of money? & what’s the chances of nyc giving me a break since it’s my first ever offense In my 4 years of driving.
Charles L,
There are no breaks in NYC because they do not permit plea-bargaining at any of its traffic courts. You’re only options are to fight it or pay it.
Matthew Weiss
Hello! I recently got a speeding ticket going 82 in a 65, but the officer wrote on my,ticket that I was driving a 2006 Honda, when I drive a 2003 Saturn. Is this cause for dismissal?. Thanks!
Samantha,
The one defect unfortunately oes not render your ticket fatally defective.
Matthew Weiss
Hello, I’ve gotten 2 speeding tickets recently. One I got in January goING 49mph in a 25 but there was no sign showing the speed limit. The officer also put no sign attended on my ticket, is it possible for this one to get dismissed ? The other one I got was in march a few months after I got my previous one, this one I was going 20mph over the speed limit. I was going 70mph in a 50mph on the grand central parkway. I was going with traffic and the cop decided to pull me over out of everyone else, may I mind you that I drive a 2015 camaro it draws a lot of attention.
Max,
In NYC, there does not have to be a sign. The law is that the speed limit is 25 mph where there are no posted speed signs.
Matthew Weiss
line for complainant sign and print name there is only illegible scratch no name that can be read nor rank or shield / tax number. next line where it says radar operator name, there is no name printed in the space as directed. is this enough to dismiss?
Anthony,
In my opinion, this items do not render your traffic ticket fatally defective.
Matthew Weiss
I got tickets in nyc for going 79 in a 55, however on the ticket the cop wrote that I was doing 79 in a 80. Can this get dismissed?
Edgar,
Unlike other errors, this one is pretty substantial. Some judges, however, will allow the officer to amend the ticket to correct his or her mistake. Bottom line: Fight this ticket and hopefully you can win.
Matthew Weiss
I received a speeding ticket doing 90mph on a 50mph zone going northbound on the I95 last when I asked the officer can I see your speeding gun when you clocked me doing 90mph he laughed and told me “I watch too many movies “. I never received a speeding ticket and I also have a clean driving record is there any chance I could get win this ticket? And I currently have an out of state license . What can I do about this situation ?
Jose,
This is an 8-point speeding ticket that carries roughly a $300 fine and a $450 Driver Assessment Fee. You should plead not guilty and fight this ticket. This is the only way to possibly save money and points.
Matthew Weiss
I received a ticket in Florida for going 48 in a 35. However, I had my cruise control set on 40, and there were a few cars that passed me that probably were going around 45-50 right before the cop pulled me over. When he pulled me over, he asked if I knew why he was pulling me over, to which I said no, because here in Volusia County, if you go 1-5 miles over the speed limit, you are only subject to a warning, there are no fees for it. He said he was pulling me over for going 40 in a 35. He then handed me a ticket for a fine of 206. I couldn’t believe it! I later was looking it up on the Clerk’s website and realized there was no fee for going 5 over, so I was extremely confused as to why I had a fine of 206. I looked at the ticket closely, and the officer had written that I was going 48. Not 40. The 8 was written in such a way that the top of the 8 was covered by print, so at first glance I saw 40. My boyfriend was in the car with me, and we both heard the officer say I was going 40 in a 35. So I’m not sure if maybe we heard wrong, the cop wrote 48 by mistake, or he somehow radared one of the other cars that sped past me and for some reason thought he clocked my speed, because like I said, my cruise control was set on 40, and I know it’s accurate as I use it all the time and would be pulled over more often if it were off by 8 miles an hour. I’m wondering if I have a chance at fighting this. Thank you.
Felicia,
I do not handle tickets in Florida (only New York) so I cannot provide an answer. I do know that Florida traffic lawyers do not charge a lot (like $100) so you should most likely just hire one of them.
Good luck!
Matthew Weiss
I received a speeding ticket going s/b on Flatbush avenue. Officer said he clocked me going 55 mph in a 35. (Which was not true). There were3 cars in front of me and a few cars behind as we’ll as many car going very fast on the n/b side. Officer left vehicle type blank as well. Before officer left I asked to see hi radar results a d he pulled up to me and his gun read 54mph. Although I was not going that fast and it is his word against mine. Do I have a chance at winning this case?
T,
The only way to obtain a favorable result is by pleading not guilty. You could possibly beat this ticket but not likely based on the two items that you mentioned.
I wrote an article entitled “Fighting A Traffic Ticket At The Traffic Violations Bureau“. It should help you better understand the process.
Matthew Weiss