Peekskill, NY asked in Traffic Tickets for New York

Q: If I go to trial on my speeding ticket, can they bring up previous speeding tickets I have gotten?

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2 Lawyer Answers
Mark A. Siesel
Mark A. Siesel PRO label
  • Criminal Law Lawyer
  • White Plains, NY
  • Licensed in New York

A: Good question. The answer is no, they cannot, as the Vehicle & Traffic Law does not permit the introduction into evidence of prior moving violations to prove that you committed this one.

Adam H. Rosenblum
Adam H. Rosenblum
  • Passaic, NJ
  • Licensed in New York

A: The answer is actually yes and no. They cannot bring it up during the trial as evidence - the fact that you sped in the past has no bearing on whether you sped on this particular occasion. However, if you are found guilty at trial, the judge can (and probably will) review your driving record during the sentencing portion and can take your record into account. In fact, higher fines are provided by law in the case of repeat offenders of the same violation within an 18 month period (and an even longer period in the case of DWI).

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