Syosset, NY asked in Traffic Tickets for New York

Q: Do I have enough to fight this speeding ticket in court?

Driving 80 in a 55 on palisades in Rockland county. State cop pulled me over and stated he had me at 80 but saw me slow to 65 when I saw him and wrote the ticket for 65 in 55 zone. Ticket is charged based on Officers “direct observation” and speed verified by “pace.” Does pace mean he doesn’t have me on radar and I can fight with the argument that I was going with the flow of traffic at 10 mph over? If cop comes to court and argues I was actually going faster than 65 and he lowered it then he would’ve committed perjury by signing the ticket that stated the wrong speed anyway? I’m from Long Island but would drive back to appear in court if necessary to avoid any points and insurance consequences. No prior tickets on record.

Related Topics:
1 Lawyer Answer
Howard E. Knispel
PREMIUM
Answered

A: You will lose. If the zone is 55, going 56 is speeding. The fact that he gave you a break by writing only 65 is a gift to you. Office would testify to his experience and his observation is based on that. BTW, 25 mph over is a 6 point violation. 10 mph over is 3 points.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.