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.

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1 Lawyer Answer
Howard E. Knispel
Howard E. Knispel
  • Criminal Law Lawyer
  • Commack, NY
  • Licensed in New York

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.

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