It is vital to use a lawyer to beat any traffic ticket you receive from police in NYC. This article discusses how a competent NYC traffic attorney can help you dismiss a NYC speeding ticket.
Before we get into how to beat a NYC speeding violation, let?s examine the differences between NYC traffic court and traffic court in other parts of NYS. In our example, Westchester represents the rest of NYS and Manhattan represents NYC.
If you get a speeding summons in Westchester, the court prosecutor or at the very least the judge or the police man or woman who wrote the ticket can plea bargain with you. However, in Manhattan, there is no plea bargaining allowed. That means that in Westchester you can often plea bargain a speeding ticket to a lower points non-speeding ticket or even a zero point non-speeding ticket if you?re driving record is good. Whereas, in NYC, even if your driving record is perfect, you must go to a hearing and if you lose, you get the full penalty under the law. The result will be a fine and numerous points on your driver?s license. The faster you were going, the higher the number of points. That means you are likely to receive a fine and a driver?s assessment, which is a tax for being a bad driver from just one speeding summons. Further, your insurance premium will almost certainly go higher from a speeding violation. Remember, in Westchester, none of this would have happened.
Moreover, the procedure and evidence rules in NYC are far more generous to the police then to the motorist when compared to other parts of NYS. In NYC, special DMV administrative procedures are applied to traffic court proceedings, the judge is an employee of the DMV and the evidence rules are much more relaxed, which benefits the police. The police burden of proof in New York City is also clear and convincing evidence which is 51% (or just a little more believable that you went through the light then didn?t). In the rest of the state, the burden of proof is beyond a reasonable doubt, which greatly favors the motorist.
What can a lawyer do for you? Quite simply, a competent and experienced NYC traffic court lawyer is your best defense in beating a NYC speeding ticket.
A lawyer knows the elements involved in the People?s case. Meaning, those things that the PO must say in order to get a motorist found guilty. If the PO makes a mistake, then the lawyer can vigorously move to dismiss the charge. Some of the elements that the officer must prove involving a NYC speeding ticket are 1. The speed restriction sign was well placed and readable both before and after the stop; 2. The motorist entered a zone of influence of the officer at a rate of speed over the posted speed or un-posted speed; 3. The officer is trained in speed estimation and made an accurate estimate in this matter; 4. If radar or laser was used that the officer is trained in using them and used them properly during this traffic stop; 5. An accurate description of the roadways involved; 6. A description of the weather; 7. Proper ID of the motorist through a state issued motorist id card, i.e., driver?s license, etc.
A lawyer knows the prima facie elements involved in the People?s case. Meaning, those things that the officer must say in order to get a motorist found guilty of speeding. If the officer makes a mistake, then the lawyer can vigorously move to dismiss the charge and more often than not, will prevail. Some of the elements that the officer must prove involving a NYC speeding ticket are 1. The speed restriction sign was well placed and readable both before and after the stop; 2. The motorist entered a zone of influence of the officer at a rate of speed over the posted speed or un-posted speed; 3. The officer is trained in speed estimation and made an accurate estimate in this matter; 4. If radar or laser was used that the officer is trained in using them and used them properly during this traffic stop; 5. An accurate description of the roadways involved; 6. A description of the weather; 7. Proper ID of the motorist through a state issued motorist ID card, i.e., driver?s license, etc. It very important to hire a NYC traffic lawyer to dismiss your NYC speeding ticket. You will generally be happy that you did.
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