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Old Dec 14, 2004 | 07:54 AM
  #10  
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kasendorf
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Good luck in fighting this ticket. Speeding tickets are difficult to fight but with a lot of research and effort they can be fought and won. Typically when you get a ticket if you go to court and have a clean driving record the prosecutor will usually offer you a reduced charge in exchange for pleading guilty (to the reduced charge). This is done for the benefit of the court and the individual. The court clears the case and the individual typically gets off with a lessor charge and fee. My son recently got a ticket for going through a red light. He had a clean record so he went to court, was respectful to the prosecutor and judge, and got off with a parking ticket (not a moving violation with points). Unfortunately, in NYC they do not offer any special deals so you need to prove/demonstrate your innocence to beat this ticket.

My recommendations;

1) Cool down. No one thinks that they deserve a ticket and in some cases they don't but in most they do. The judge hears it all day long and if you are angry or disrespectfully he is likely not to believe your argument.

2) Get the facts. If the officer clocked you with a radar gun it wasn't when he walked into the street it was before. He had to follow correct procedure and the gun needed to be recently calibrated and inspected. I am not 100% familiar with what the laws are but they are documented on the web, look for them. On your trial date you may ask the officer to produce this documentation. Unfortunately, since he will be going to court you can bet your bottom dollar that all of his paperwork and testimony in this area will be well prepared and presented.

3) Get the officers documentation on the traffic stop. You are entitled to see the evidence before the trial. The officer will have written down all of his facts and your are entitled to see it before hand. There are laws pertaining to the number of days you have to ask for this so once again research the web for the answers. Again, all of this will all probably be in good form.

4) Be prepared. Your defense of the officer didn't tell me why I was stopped, the officer is a dick, I was running out of gas, I couldn't have been speeding, I never speed, etc., etc., etc., is not evidence. Knowing the law and the circumstances of the stop are probably going to be the areas to focus on. If all was done correctly you probably will have little or no chance of winning and may even walk out of court with a larger fine so be prepared for the trial.

Though you probably will lose (most people do in NYC) it is worth fighting. Sometimes you are lucky and the officer cannot be there. I believe that the court is allowed one postponement and after that the charges are dismissed. In terms of your inspection you will need to bring proof that the inspection sticker was not expired. Make sure that you bring proof, perhaps a written receipt from the inspection station stating your old inspection date.

Good luck.
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