Speeding Ticket -- Wrongfully Accused !!

[MrElussive]

Which part of the henry hudson were you on? after the traffic lights like about 57th street when u start going towards the bronx or earlier, because i can tell you right now before 57th street its impossible to do more than 50, too much traffic and the traffic lights mellow out the traffic making it slow as it is.. Even above 57th street i doubt ud be going more than 60...
And since when do NYC police cops pull over people?

I was on the Henry Hudson Parkway heading North, towards Riverdale (where Horrace Mann High School and Manhattan College are). The ticket says I was pulled over by W. 187th Street...it is 3 lanes where it is still a 35 zone due to the curves, and then it becomes a 50 zone.
E30freak and others, thanks for sharing your experiences with me. At first, I didn't even consider it a possibility that the cop was just "making up" my speed, but now that I know it has happened before, I am more sure of myself. Although I didn't see my speedometer, I remember what it "felt like" and it sure didn't feel like 62mph. Rush hour traffic and melting snow just couldn't have permitted me to go 62mph in a freaking 35 zone. I am waiting for a couple of different traffic/criminal lawyers to hit me back and I will take it from there.
E30freak, $250 for the lawyer + $100 processing fee isn't too bad. Last year in March/April, I got a speeding ticket for going 69 in a 35 zone (which I was completely guilty of). It was a 5-point ticket and 34mph over the speed limit, almost double the speed limit. I went in there with a $800-lawyer and he got the ticket reduced to 2 points, for going 49 in a 35 zone. So in the end, I had to pay $800 for the lawyer + ~$200 for the speeding ticket + $30 court surcharge bullshit fee + 2 points on my license (insurance went up)...needless to say, I did not get what I paid for at all, which is why I am hunting for a new lawyer !! If anybody knows a really amazing NYC traffic lawyer, please PM me with his/her info.

 

[paddyLV]

"NOT GUILTY, YOUR HONOR..."

Mr'E'

Like Dr. Beeper, I'm in the profession as well...

Some pointers...

1) Don't try and fight the officers attitude ~ you're there to dispute the citation.

2) You will have the opportunity to make a diagram to show the court where you were
(on the roadway - lane position, etc.) in relation to where the officer was [parked] when he was running the Stationary Radar. Explain how you were in a 'pack' of vehicles and there were other vehicles in the group that matched your car in size and color.

3) If you can show that the officer HAD to take his eyes off your 'pack' of vehicles, at some point (by looking over his shoulder and/or rear-side view mirror and pulling into merging traffic), than it's possible that these cars could have shifted lanes, prior to you being stopped. If that's the case, than you may shed some doubt, in the eyes of the Judge, that the officer [possibly] got confused, lost a visual track on you and stopped the wrong vehicle. Whenever I appeared in Traffic Court I HAD to be able to tell the Judge I [never] took my eyes off the vehicle I was going to stop and cite.

4) Remember, the officer (probably) took notes of any spontaneous statements you made
while you were looking for your drivers license, etc... The more FACTS you present to the court, the more likely the Judge will either reduce the points/fines OR rule the case in your favor.

Good luck, Mr'E'

 

[MrElussive]

Thanks for the info, PaddyLV, I really appreciate it. I contacted this guy, Matis Wolfberg, whom I found by searching Yahoo!. His web site is: Http://www.notspeeding.com/. I spoke with him on the phone last night and his fee is $400 and I told him everything that happened. He said the way he works is, first he delays the court date as much as possible, up to 12-18 months, so that the police officer loses his notes and his memory isn't so clear about what happened when he pulled me over, and so that when he does show up in court, possibly the cop will not show (and as you know, the case gets dismissed). Wolfberg said that he recommends I do not show up for the court date because this way I don't have to testify and nobody can ask me any questions and he can spend the whole time attacking the officer. He also stated that he has a 50-70% success rate on getting the ticket dropped and that "If there's anyone that can get rid of the speeding ticket", it's him and that he always has people coming to him. My only hesitation is that I have no references at all as to whether he is any good or not, just his web site.
Does anybody think I should use this guy? Do his fee and services seem reasonable??
I found Wolfberg quoted in this MSN Money article on speeding tickets and insurance crap:
http://moneycentral.msn.com/content/Insurance/Insureyourcar/P51288.asp.
Somebody please send me some advice on this issue (if I should use him or not...I found two other NYC traffic lawyers, but have not called them yet and have no references on either of them), I really need some help.

 

[Ghost]

IMO paddyLV’s advice is the best. I think that creating doubt in the judge would be the most beneficial. Just as paddyLV wrote, focus on the fact that you were in a pack of vehicles that matched your size and color and if there was traffic as you say there was, then depending on the position of the police car there could have been no way for him to keep a visual on you while merging with traffic safely. As far as that gentleman and his 50-70%, he may as well have said 50-99% the bottom line, only about half of the people that seek his help get the ticket bounced. If you do decide to go court dress appropriately, first impressions are based looks and if you solidify the first impression with a good argument you’ll have a better shot. Just my $.02 GOOD LUCK.

 

[Bmw 325i 7803]

Guy sounds like he has a decent strategy........ I'd go with it, $400 is not much compared to your premium when they get notice of the 6 points.

 

[MrElussive]

Yeah, I really think I wanna use this guy, but I want to call up the other two lawyers that I found and see what they can do for me.

 

[e30fr3@k]

Yeah, I really think I wanna use this guy, but I want to call up the other two lawyers that I found and see what they can do for me.

i'd say go to the most reputable, and obviously try to find a traffic specific lawyer. say "screw the cost" cuz it's almost certainly going to be less than insurance accumulatively. thats what i did. 250 to my lawyer. 3 times. worth every penny. sure, its only 600 dollars worth of tickets and 750 in lawyer fees, but my insurance doesn't know jack. clean slate, ya know.

 

[Dr. Beeper]

Some great info from Paddy and just to ask before you spend the $400 do you have a hearing with the judge for your first court date?

The reason I ask is because here in Michigan you have what the call a "informal hearing" first with a Magistrate (only does traffic) and YOU CANNOT have a attorney for this hearing. IF you LOSE this hearing you can request a FORMAL hearing with JUDGE etc. At this one you can have an attorney. Regarding this first hearing IF YOU DONT show up YOU LOSE with no Appeal.

Just want to make sure youre doing the right thing so you dont lose your case and/or the $400 for NOT SHOWING up like the guy suggested.

Like PADDY said dont go after the cops attitude and or character that will get you no where fast. Some states let you bypass the INFORMAL hearing and go to a FORMAL right away. Just make sure you do that (if you can) so you dont lose by default.

GOOD LUCK

hey PADDY I will be in VEGAS in few weeks how bout giving me one of your rides for few days..HA HA..

 

[Average Jae]

I have been told on several occasions from policemen, if any part of your car is behind the light, you ran a red light....it may be yellow when you're looking at the light, but the tail end of the car did not make it through.........

great, having a huge ass has another disadvantage..

but man, pay the ticket or pay for the lawyer, either way talk about paying through your nose! either way mr. e, it looks like you can afford to , so good luck and wish ya the best

 

[paddyLV]

Dr. Beeper: I wish you were headin' into Vegas the end of April when I get home. I would meet you at the Bellagio's 'Race & Sports Book.' If you need any direction while in 'Skin City' let me know.

MrE: As I recall, and Dr. 'B' can back me on this, the court schedules the officer's traffic court
(t/c) appearances in batches, so he isn't tied up for the week with one case a day. The
court 'Clerk's Office' will load the officer up with several cases in one day or consecutive days,
on his days off, so he isn't taken away from his patrol duties or whatever his classification is.

Another thing to consider. Police officers do not want to routinely miss court appearances. Don't forget, they too were issued a Summons to 'promise to appear' on that specific date, because you requested a trial, and if they don't, they can be held 'In Contempt of Court' and also face administrative discipline from their department. So, be very careful when a Defense
Attorney tells you about the cop not showing up for court. He (cop) BETTER have a valid excuse.

Overall, MrE, you have the best strategy by getting an attorney that [only] deals with traffic cases. And as I mentioned in another post (above)... the court/judges LOVE diagrams and photographs to paint the picture in their minds.

 

[E46_Driver]

Bummer

my thoughts:

Once the lights go on best policy is to remain calm and cooperative. Nothing to be gained by pleading your position with the cop on side of the road. They have already made thier decision (thats why you are pulled over) Plus they are the ones with guns and radios. Keep in mind people become cops because they thrive on adrenaline and confrontation. When you get to court (strongly advised), you want the cop to recall a cooperative citizen going through a process. It is the magistrate/judge that will determine your outcome NOT the cop. The courtroom is where you both argue your position equally. The cop must prove your guilt vs. you proove your innocence. You tip your hand when you give the impression you will fight the ticket enabling the cop to make additional notes and possibly even get "creative". A cop will do everything necessary to not look like a fool in open court.

Couple of slices of humble pie many times can save points, fines and suspensions. Hope the case turns out in your favor.

 

[MrElussive]

Thanks for the responses, everyone. I read these last few responses and I really appreciate your advice, I took everything into consideration. Let me update you all on what the deal is now:
I spoke with the other two lawyers over the phone, and their fees are all similar. The first lawyer is $400, the second is $350, and the third is $300. I liked what the first and the third lawyers said best over the phone, and I finally decided to use the first lawyer. Basically, they all fight the ticket in the same way, which is to postpone the court date as much as possible so that the cop loses his notes on the event and his memory gets affected of what happened because it was so long ago. The lawyer recommends that I do not appear in court at all because this way the cop and/or the judge can't ask me any questions about what happened, and he can spend the whole time "attacking" the cop. The lawyer also hopes that the cop doesn't show up to court, but as PaddyLV said, they usually don't miss their summons to court. So right now, I just have to send the lawyer my ticket and the $$$ and I just sit back and wait to see what happens. Of course in the meantime, I'm definitely going to be paying much closer attention to my speed.
Again, I want to thank everyone for their advice. I read every single person's response to this thread and I think I took a little bit of everyone's advice, I really appreciate everyone participating to help me out in this situation. As soon as I get the result of the ticket, I will let you all know!

 

[Tweet227]

Good luck

 

[wileycoyote]

Did I miss something, or did you say were going about 45 or 50 in a 35 zone? True you got popped for 62 (probably a "mistake" by the cop), but you were speeding. Dude step up, take responsibility for your action and take your punishment like a man.

Sucks, but live and learn. I was in court once witnessed the following:

Woman was cited for doing 65 in 55 zone. She told the judge, "I never speed, I couldn't believe it when I got stopped, so I took my car in to have speedometer checked. It was 7 MPH off." Judge asked her "So how fast did you think you were going?" Woman replied "55 or 60." Judges says "Well then 60 it is, you're guilty by your own admission, fine adjusted accordingly."

 

[aNoodle]

Seems like you're screwed either way. Pay the courts or pay the lawyer.

I don't mean to disparage lawyers specializing in traffic tickets...but they aren't exactly the cream of the crop. In some ways it's rather noble that they represent people in an area of law that generally goes unnoticed by the profession. But speeding is the pettiest of all offenses. It's not like it's a DUI or racing charge.

Can't you just go before the magistrate and plead your innocence for yourself? Have you had any recent offenses? Can you remain calm and focused and not dig yourself into a hole by being accusatory of the officer's motives? It seems like the facts speak for themselves.

If you can establish the facts without coming across as incredible, then consider representing yourself, like everyone else in traffic court. (There's always a chance the officer won't show up a couple times—in some places just once—then you're golden.)

Personally I'm appalled that some lawyers make money from doing nothing but filing continuances to wear down the prosecution. Then again, this isn't exactly a capital offense. I suppose this is how it has to work for all those citations to be processed. But I really think if you weren't speeding as you describe, you should let the judge know firsthand what the police are up to these days.

 

[E46_Driver]

Seems like you're screwed either way. Pay the courts or pay the lawyer.

I don't mean to disparage lawyers specializing in traffic tickets...but they aren't exactly the cream of the crop. In some ways it's rather noble that they represent people in an area of law that generally goes unnoticed by the profession. But speeding is the pettiest of all offenses. It's not like it's a DUI or racing charge.

Can't you just go before the magistrate and plead your innocence for yourself? Have you had any recent offenses? Can you remain calm and focused and not dig yourself into a hole by being accusatory of the officer's motives? It seems like the facts speak for themselves.

If you can establish the facts without coming across as incredible, then consider representing yourself, like everyone else in traffic court. (There's always a chance the officer won't show up a couple times—in some places just once—then you're golden.)

Personally I'm appalled that some lawyers make money from doing nothing but filing continuances to wear down the prosecution. Then again, this isn't exactly a capital offense. I suppose this is how it has to work for all those citations to be processed. But I really think if you weren't speeding as you describe, you should let the judge know firsthand what the police are up to these days.

============
Well said. I too am a fan of representing yourself for minor speeding infractions. You will not be held to the same standard as a hired gun/attorney. Agree again that traffic infraction attorneys are just one notch above the bottom feeding personal injury attorneys. Good luck!

 

[NZL]

I'm with wileycoyote on this one, step up & take it on the chin man.

People who weasel out of tickets when they know they're guilty just make it harder for everyone genuinely innocent making a case.

 

[318idude]

fight it man, crazy pigs

 

[Tweet227]

fight it man, crazy pigs

I agree