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.