Tips on Fighting a Speeding Ticket in Nassau County and Beyond

Yes, you can fight speeding tickets!

Proper Posting of the Speed Limit

Take a Photo!

If you or your attorney are going make your case base on a physical problem at the location where you received the ticket, which was the leading factor that caused the officer to confuse your car with another car due to an obstructed view, or foliage in front of a speed limit sign, it will be crucial to your case to take photographs from the relevant points of view to document your case. I strongly suggest that whenever you get a ticket, you should be taking photos right away. However, this is not always possible. In lieu  of that, take photos during the same time of day with that same weather conditions. If you have discovered that problem was rectified, especially if it is temporary condition in nature (i.e. fallen tree branch in front of a sign, leaves…).

Radar or Laser used Improperly

Every jurisdiction has basic training requirements for the police officers who monitor speed with laser or radar. Additionally, there is also requirements for the maintenance said devices used to monitor speed. Such regulations are available for purchase, and may also be available for review at a local government office (such as a city attorney’s office). However most attorneys who have experience in dealing with traffic tickets and moving violations in Nassau County have these documents and many know them pretty well off the top of their head. In some jurisdictions, you can even schedule an appointment at the police agency to review their maintenance records, or if you have to use force, a “Freedom of Information Act” (FOIA) request can force the agencies to share relevant pages. Again, this is the stuff your attorney can do for you.

What NOT to do to Defend a Ticket

Let’s say you get stopped for speeding, and you excuse is you have to go to the bathroom, or that you were oblivious to the speed limit (for any reason), or any other excuse that is not a credible reason you were driving over the speed limit. Unless that reason was to avoid an imminent accident (which this defense can be used!). In the best case, they may give a reason where the officer, out of sympathy, tickets you for, or the court convicts you of, speeding at a lower speed than was recorded or a lesser charge (in Nassau County, my attorney has gotten my tickets reduced down to following to closely from speeding). In some cases, an officer will write the actual speed that was recorded on the ticket, even when issuing the ticket at a lesser speed, so that the court and prosecutor are aware that you have already received a break.
That being said, sometimes the crazy-ass excused that can’t be made up can work (that’s assuming the officer believes it). I heard a woman who managed to avoid getting a speeding ticket by telling to the police officer that she was speeding because she was running out gas, and wanted to make it to fill up at the next gas station before she ran out. Since her story was legit and she really believed it the officer just gave her a warning.