Speeding ticket situation

Ok I'm going to try to make this short... heres the deal;

I was driving back from my brother in-laws house in upstate NY, I was headed back to the Bronx which is where me and my girlfriend live. Anyway the speed limit on the i-87 is 55 MPH, I was doing 58 (at most) when I passed the parked police car. The next thing I know I'm getting pulled over, anyway we go through the whole deal with the license and regristration, after running everything he comes back saying that he clocked me in at 79 MPH... mind you there were about 3 other cars around me in the other lanes, I was on the passing lane all the way to the left while he was parked all the way to the right side sholder; basically the mother fucker probably clocked in someone else going that speed and pulled me over for some reason. Well from what I hear thats going to be about 6 points off my license if I'm found guilty

So... is there anyway to fight this in court or am I completely fucked up-the-ass? I don't care I'll pay the fine, I'm just worried about the points getting taken off my license.

Any feedback please?

can't you do traffic school to get the points taken off anyway?

Yes but, I work for FedEx as a driver... if any points get taken away no matter how long they are there I'm most likely going to get let go, since I have to have a near perfect driving record

If you really want to go to court, one defense I've used is to have the police department disclose when the last time that the radar gun was calibrated. Most of the time they won't calibrate them as frequently as they're required, if they haven't the judge should throw out the ticket unless he's just a fucking cock.

fighting the police is a pain in the ass.

Plus it all depends on where you are at in NY.

from here: http://speedinglimits.com/trends.html

New York City police use laser radar, which is extremely hard to target the wrong car. Municipalities usually just have radar guns, that when targeted at a pack of moving vehicle, may not necessarily be accurate.

As you can see, Municipalities have far less training when it comes to speed reading devices, and sometimes none at all depending on the municipality.

If you're that serious about it, find a lawyer and fight it. Is there a chance you are going to lose your license?

Nope this is my first ever moving violation offense. But like I said before I'm a driver for FedEx so I can lose my job over this, just because of the points.

i didn't realize fed-ex was that tight.

CDL's don't even require that kind of restrictions. When i had mine, as long as i stayed below a certain point level, my CDL was perfectly fine, if i ever went above that set limit, it was suspended.

If your career depends on your license i would definitely find a lawyer and going forth with defending yourself.

Cops are human. Humans are capable of error.

You are correct. Exactly what I came in here to say.

You're kind of awesome.

Being that it's your first offense, i would kind of like to believe that the judge would see this as an error on the officers part and maybe show you some mercy since your license depends on it.

It's not like you're out eating babies and dealing meth to school kids, you *might* have been going a little fast, everyone makes mistakes.

but. like mentioned. you could get a dickhead of a judge that doesn't make exceptions, either way, a lawyer is in your best interest. Don't for one second think you can defend yourself. They call it practicing law for a reason, you need to practice it every day to be good at it, like some lawyers are good at it.

There are traffic court lawyers that will handle this for you for like $60 and unless you've done something horribly unspeakable you'll usually get away without any kind of record.

Even if you can't get a lawyer, if you plead not guilty on the ticket, and go through the basic motions without actually going before the judge, they will generally cut you a deal where you plead guilty to a lesser offense with a lower fine and fewer points (I think I wound up getting 1 point instead of 3 and $150 instead of $350). You can also ask for a written deposition from the officer who gave you the ticket at the courthouse, and I've been told that if they never filed one, which happens often, you're off the hook.

Hah! speak for yourself--non-lawyer!

For traffic offenses, police departments and district attorneys are reluctant to go through what is broadly described as "the process of discovery" unless there are other crimes or special situations. I have a lead foot, I drive fast cars, and many years ago, I did lose my license for an accumulation of speeding tickets. However, I have been successful using this approach which includes requiring officer sworn testimony, documentation regarding calibration and testing as emotedcreation suggests and demonstrable proof that the device registered and recorded the speed claimed on the summons.

Nevertheless, definitely hire a lawyer! Hell ,hire Subrosa he's good!

This whole thread gives me a sense of deja vu.

Not to be smart, but can you even do 79 mph anywhere NYC unless it's late at night?
The traffic is killer if I remember correctly.

Be sure to point out that you would not drive at such a high rate of speed. You knowingly would loose your job.

Also, that you drive for a living would help in two ways. You drive more than most and have a perfect driving record. Obviously you are a really good driver. Also, the first point above. You wouldn't risk your job.

I just got a speeding ticket about a month ago... I hate that.

Trust me... you can hit 79 mph in NYC, this coming from a NYC native

Anyway that's beside the point... I was cought speeding in upstate NY not NYC

If it's really not the money issue...rather than the license points.....get a lawyer who specializes in traffic court.

From my experience...and other anecdotal evidence, NY Staties are hard-nosed about speeding. This may result in an unwillingness to budge on speeding tickets. Get the lawyer if you're going to fight the ticket.