Monday, February 17, 2014

Free Reader’s Guide On How To Fight a Speeding Ticket in Queensbury

Here is some free information to help you understand and to fight your speeding ticket in
Queensbury Traffic Court. 

Remember, going to court is a legal proceeding and it is always important to consult an attorney before taking any legal action.  Our lawyers can be hired and be available to help you fight your traffic ticket.  Give us a call today at 800-893-9645 to learn how we can help you save money, time, and points on your license.

Location:  If you are reading this article, there is a high probability that you received a speeding ticket while passing through Warren County in Upstate New York.  The likely location is somewhere on Interstate 87.  If this is the situation, don’t fret.  You have lots of company.  Each year, thousands of drivers are issued speeding tickets along I-87 each year for committing the same offense.  For the most part, the speed limit along I-87 is 65 mph and it goes on for many miles without much change in scenery.  It is for this reason, may drivers suffer from highway hypnosis, lose track of their speed, and eventually speed over the posted limit.

Tip #1: Don’t Admit Any Wrong Doing.  The first step in fighting a ticket is receiving the ticket.  Once a police officer pulls you over, your case has begun.  As soon as you roll down your window, anything you say can and will be used against you in a court of law.  Keeping that in mind, it is critical that you do not make an admission against your interest.  For example, many drivers make the mistake of saying, “I’m sorry I know I was speeding.” 

Once this declaration is made, it can be introduced against you at trial and be used as a crushing blow to any defense.

Tip #2: Demand a Supporting Deposition.  Most tickets issued by the New York State Police will come with a supporting deposition.  This is a 2nd piece of paper that accompanies the speeding ticket.  It gives a further detailed description of the charges.  Every once in a while, for whatever reason, one will not be provided at the time the ticket is issued.  In such a scenario, it could be very beneficial for a driver to demand a supporting deposition.   If a timely demand is made for a supporting deposition and one is not provided as prescribed by law, the ticket can be dismissed.

Tip #3: Examine Your Ticket.  Although a speeding ticket looks like a form, a careful reading can provide you with some of the most fundamental and important information to fighting a speeding ticket.  The ticket will supply the name of the court, the address of the court, the date to reply by, and instructions on how to plead not guilty. 

Understanding the Court Appearance: once you have entered a plea of not guilty, the court will note your appearance and advise you of a court date as soon as one becomes available. 

In Queensbury Traffic Court, there are two main court appearances.  The first court appearance is called the pre-trial conference.  The second is called the trial date.

At the pre-trial conference, a driver will have a brief opportunity to meet with the District Attorney’s Office and attempt to resolve their ticket without the need for trial.  If an amicable resolution cannot be reached, the case will be adjourned for trial.  At trial, the prosecution must present their witnesses and prove their case beyond a reasonable doubt.  If they cannot meet their burden, the case is subject to being dismissed.  If their burden is met, the case shifts to the defense how has an opportunity to rebut the prosecution’s evidence.

At trial, it is important to be prepared.  You may not be given a 2nd opportunity to appear for trial.  As such, you must bring your witnesses and exhibits to court each time your case is trial ready.  Further, have a prepared opening statement, closing statement and cross examination will be very beneficial.  Remember, your adversary will be a highly skilled prosecutor and a police officer that has probably testified many times before your case.  This experience can be difficult to overcome.

If you would like to fight your ticket and need the assistance of our law firm, give us a call today to learn how we can help you.