speeding car, car speeding on road

5 Possible Defenses to Speeding in NY

Accused of Putting the Pedal to the Metal?

Speeding is among the most common traffic violations in the US. However, it is deadly. 9,378 people died in speeding-related incidents in 2018 and in 2017, speeding contributed to 26% of all traffic deaths as reported by the National Highway Traffic Safety Administration. These alarming facts demonstrate why law enforcement officers are constantly working to reduce speeding by issuing speeding tickets while the traffic courts handle punishments. However, while their intentions seem to be good, police officers are prone to making mistakes. Several factors can lead to an inaccurate speeding ticket, but you can use those flawed factors to your advantage.

Below are five potential defense strategies that can help fight your speeding ticket:

  1. Unreliability: If a police officer issued your speeding ticket based solely on their perception, then you can challenge the reliability of their estimate. Officers typically form their estimates by pacing or sighting. Pacing involves the officer driving alongside a suspected driver to determine their speed, while sighting occurs when an officer sits or stands still and estimates a passing driver’s speed.
  2. Defective speed-measuring device: Radar guns are used to detect vehicle speeds, but like all measuring instruments, things can go wrong if they’re not handled properly. The officer may have failed to calibrate their radar gun prior to using it or calibrated their radar gun without using a tuning fork, which, as a result, can produce false evidence.
  3. Emergency: If there was an immediate necessity to speed to avoid greater harm, then you may use that to your advantage under certain circumstances. If you had no other choice but to speed in order to address or resolve the emergency in question, a traffic court judge may deeply consider that matter. Examples of emergencies may be that your pregnant loved one was in labor or the babysitter called and said that your child collapsed and stopped breathing, or your house was on fire.
  4. The posted speed limit was hidden or nonexistent: Oftentimes, the posted speed limit is nowhere in sight. Other times, it is hidden by a tree or obstructed in some other way. Keep in mind that many interstate highways in New York have posted speed limits of 40 to 55 mph, and it is best to drive at or below the speed limit regardless of whether the “flow of traffic” says otherwise.
  5. Faulty speedometer: There is a chance that your speedometer was not calibrated and, as a result, inaccurately displayed your speed. If you choose to use this in your defense, you will need to get a speedometer calibration certificate from your auto mechanic verifying the inaccuracy of your speedometer. From there, your attorney can present it as evidence in court.

Your legal defense will vary on the circumstances of your case. An experienced New York traffic ticket lawyer will take the proper steps necessary to formulate an effective defense on your behalf and may help resolve your speeding ticket and subsequent penalties. Should you entrust Martin A. Kron & Associates, P.C. to defend your speeding ticket, you can rest assured that our former traffic court judge-turned attorney will treat your case with the attention and urgency it deserves.

Discover the difference that 30+ years of experience can make in your life and contact us at (212) 235-1525 today!

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