Sunday, November 17, 2013

Burden of Proof on a Hancock New York Speeding Ticket

Driving through the rolling hills along Route 17 in Delaware County New York, it
Delaware County Ticket Lawyers
easy to find yourself traveling at speeds of 76 and 86 mph.  Unfortunately, these speeds could result in a hefty speeding ticket especially because the speed limits frequently change from 65 mph to 55 mph.

Many drivers from NYC traveling to summer camps or visiting Binghamton, Cornell, Syracuse, and the other neighboring universities are frequent casualties of speeding along this highway.  Many of these tickets are returnable to Hancock and Colchester courts.

Many drivers believe these tickets are merely a money grab by New York State.  However, many will argue that obeying the speed limit saves lives.

Nevertheless, pleading guilty to a speeding ticket could be very costly for young drivers and their parents.  As such, it is our recommendation that you enter a plea of not guilty and call our Delaware County traffic ticket attorneys to learn how we can help.

Burden of Proof

In local court, a speeding ticket is held to the same burden of proof as a criminal case.  The burden of proof is “proof beyond a reasonable doubt.”  Proof beyond a reasonable doubt can be interpreted differently by different jurors, attorneys, and judges.  But there is no doubt, that this is the highest burden of proof if the American judicial system.

Visual Estimation

Most speeding tickets are verified by two methods.  In so doing, the prosecution will have a strong chance of satisfying their burden of proof.  In our experience, the New York State Police will use visual estimation and confirm it with a radar or laser device.

At trial, a successful prosecution should establish that the police officer has been adequately trained in the science of visual estimation.  Most police officer’s will satisfy this requirement with their training in the police academy or annual training.


In our experience, the majority of police officers verify speed using a Stalker Dual radar device.   In this instance, the prosecution must establish that the officer has been adequately trained in using this device, the device was working properly, and it was tested with an external source such as a tuning fork.

If you are in need of legal representation, give our lawyers a call at 800-893-9645.  We have represented hundreds of drivers in Hancock, Colchester, and the surrounding courts of Delaware County.  We have excelled at getting ticket either dismissed or reduced.  We have over 30 years of legal experience and been named some of the best attorneys in New York State.