I love to beat New York speeding tickets. I have literally fought 1,000s of speeding tickets beating my fair share of them. During this time, I have repeatedly heard various speeding ticket excuses raised by motorists. This article will examine the five most popular "defenses" which are unsuccessful in getting the speeding ticket dismissed.
"I was going with the flow of traffic" - This statement will not have you beat a speeding ticket in New York. The speed limit is the speed limit. If everyone is stealing, it doesn't make it okay to steal.
"My speedometer was broken" - Again, not a valid defense to help you beat a speeding ticket. You are responsible for your car's proper functioning and for knowing how fast you are going. If your speedometer is broken, then you shouldn't be driving the car or, at the very least, you should be driving extra slow. By the way, I cannot tell you how many broken speedometers I have heard about even though in these things rarely break.
"Everyone was speeding but I was the only one pulled over" - Not helpful to beat a speeding ticket. For his or her safety, the officer is allowed to pull only one motorist at a time. The failure to pull over a second car is irrelevant.
"The officer was rude" - My particular favorite. While officers should be courteous, this is irrelevant to whether you are guilty of the speeding ticket. You will not beat a New York speeding ticket by proving that the officer was rude.
"The officer told me that the ticket carries no points" - You will not beat a New York speeding ticket based on receiving incorrect information from a police officer. It is common for an officer to convey incorrect information. This does not help you avoid the true legal consequences of the speeding ticket, however.
So how do you beat a New York traffic ticket? While this is a loaded question, the overall answer is that you need to focus on the sufficiency of the officer's presentation. Was it complete? Did he discuss all the critical points (i.e., time, date, location, direction, ID, etc). Was it inconsistent with the information in his ticket or notes? Did the officer have a clear view of the alleged infraction? By focusing on the officer's testimony, you are often able to think of arguments which impeach his credibility or recollection. Once impeached, you have a much better chance to beating a speeding ticket.