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rvlaw
rvlaw, Lawyer
Category: Criminal Law
Satisfied Customers: 8386
Experience:  Former Assistant District Attorney - NYC; Criminal Defense Experience for 30+ years
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I have just received a letter from an attorney stating that ...

Customer Question

I have just received a letter from an attorney stating that a city is wanting me to pay a traffic ticket, or further action will be taken. As in executing the warrant. I don''t think the ticket was justified, and they spelled my last name wrong. Would it be advisable to hire a lawyer and fight this thing, or should I pay the $1,200.00 that it says that I owe. The policeman never clocked me with a radar gun. He said that he knows I was speeding because I passed him, and he was going over the speed limit.
Submitted: 8 years ago.
Category: Criminal Law
Expert:  rvlaw replied 8 years ago.

Hi, and welcome to Just Answer. Thank you for entrusting me with your legal issue. I will do my best to assist you. During the course of our interaction , I may need some additional information. Also, please keep in mind that when any of us at JA legal answers a question, we don't know what you, the customer, already knows about the issue unless we are told.

The spelling of your name will not void the ticket. Police can exceed the speed limit to catch up with a suspected speeder. Radar is documentary evidence of course. Here it would be your word against his...the judge would have to decide and I suspect the officer may well prevail on that issue.

All that said, I suspect that the $1,200 includes some penalties. If the basic ticket is lower and you may be able to reduce the penalties, compare the possible benefit against the cost of hiring a lawyer and make a business decision.

Please advise me of your state and nearest large city, and I will get you a link to a directory we lawyers use to find highly qualified legal specialists in various fields. These lawyers are in the directory because they are rated as QUALIFIED by other lawyers in their field of expertise and geographic area. Look through the websites and call a few firms you feel are appropriate for your case.

Rich

Customer: replied 8 years ago.
Reply to rvlaw's Post: It is my understanding that when you ask to see a radar gun, showing your speed, the officer is obligated to show you the gun, with your actual speed. If he doesn't have that proof, he cannot give you a ticket. Is this inaccurrate? If this is not the case, the police can write a ticket to whoever they want, and write down any speed that they want. He didn't know how fast I was going. I don't even think I was speeding. I have a radar detector, and he didn't have a radar gun. How is this legal?
Expert:  rvlaw replied 8 years ago.

You are correct about the gun. But that is not the only basis for giving a ticket. And especially in your case, the officer will testify that he was going X miles per hour (speeding) and that you passed him going in excess of X. Sorry.

rich

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