Whether running late to meet friends, late to work, or simply unaware, speeding is one of the most common traffic violations. Unfortunately, it is also one of the most deadly. To prevent serious injury and death, law enforcement officers look to issue speeding tickets to those who break the law. Then, it is left to traffic courts to hand out the punishment. But sometimes the speeding ticket that you receive may be inaccurate. There are a variety of reasons why someone may receive an inaccurate speeding ticket. Here are 5 possible defenses to a speeding ticket in New York.
1. The radar gun isn’t properly calibrated.
Radar guns are instruments often used by law enforcement officers to determine the speed of a vehicle. While reliable when working properly, sometimes radar guns aren’t handled the right way. Police offers may forget to calibrate the radar gun or may have calibrated their radar gun inaccurately. When this is the case, the results of the device may be inaccurate.
2. The police officer’s perception is unreliable.
While police officers do often use radar guns to determine the speed at which a vehicle is traveling, sometimes they don’t. When they do not use a radar gun, they make an estimate based on looking at how fast a vehicle appears to be going, or driving alongside the vehicle (pacing). Without an objective instrument, it can be argued that the officer’s perception is unreliable.
3. You were speeding, but it was an emergency situation.
Under certain circumstances, you may be forgiven for speeding. These conditions require that there was an immediate necessity to speed in order to avoid greater harm or to resolve an emergency. One example would be if your partner goes into active labor and you need to get to the hospital. However, ultimately it will be up to the traffic court judge to determine if your situation warrants speeding.
4. There was no posted speed limit or the view of a posted speed limit was obstructed.
Another possible defense to a speeding ticket is if there was no posted speed limit or if the posted speed limit couldn’t be seen due to an overgrown tree or something of the sort. However, the speed you were traveling would still have to be reasonable. In other words, it wouldn’t be okay to drive 100 mph on the highway simply because you couldn’t see the speed limit.
5. Your speedometer was inaccurate at the time you were speeding.
We rely upon our speedometer to determine how fast we are driving. If your speedometer wasn’t properly calibrated and therefore showed an inaccurate speed, this could be a defense. However, this defense would require that you obtain a speedometer calibration certificate from an auto mechanic that would verify that the speedometer was inaccurate. This can then be used as evidence in traffic court.
AutoTrafficTickets.com Helps Those in New York Who Have Been Issued a Traffic Ticket
If you have received a traffic ticket in New York, it can have very serious consequences on your ability to drive and therefore on other parts of your life. That’s why it’s in your best interest to consult with a knowledgeable and experienced New York traffic ticket attorney. A knowledgeable and experienced traffic ticket attorney understands the pertinent laws and can help you to establish the best argument for your teenager. AutoTrafficTickets.com can help. To learn more or to schedule a consultation, contact us today!
Posted in: Speeding Tickets