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Alex
Alex, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 61
Experience:  Experienced, former Assistant State's Attorney and Assistant Attorney General licensed in IL and NY
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My wife just get her first speeding ticket in a 50 miles/h

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My wife just get her first speeding ticket in a 50 miles/h zone with 71 miles/h which is hard to believe, but anyway she has two options to plead guilty ( by mail ) and not to appare in court or not guilty and be'n on court. My question is: what is the best solution and what are the conseqvences. The police officer has to prove the charge with any readings or it's enough his word in court, because for me 71miles/h it's looks suspicious, why the extra 1 mile/h - I think it's just to be in a worst category - for rise the charges points and fine ??? Thanks H.
P.S. Wee are From New York state
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Alex replied 5 years ago.
Hello. You raise some good points. I have to say, she probably has nothing to gain by pleading guilty and not trying to at least get the case reduced or to try to get a supervision as opposed to finding of guilty on her record. The worst she will get for appearing and not succeeding is the same thing she would get by mail. However, by appearing she gives herself a better chance at defending perhaps a bogus ticket. As usual, a local attorney's advice and recommendation should be most helpul to her. Also, as you probably might have guessed, any officer who tickets for a recorded speeding must have used a calibrated radar gun or equipment which can be testified to as having been confirmed to be in working order previously and tested as well. That being said - it is usually hard to beat these kinds of cases. However, with a reputable attorney who knows the manner of catching speeders and the calibration procedures in place, as well as the case law which defines properly functioning equipment, she may be able to win such a case. Also, if she appeared without counsel but spoke to the State, they might be somewhat lenient if she or her attorney start talking about the instrument used to catch her with. In addition, oftentimes, when the street is busy, an officer might be clocking another vehicle in error and attribute it to a different driver in error. Since you feel your wife was over clocked to gain extra revenue for the City or State, I recommend you appear in court to ensure that the device used to time her speed was in good working order and had been calibrated and properly tested by a certified technician or officer trained in doing this as well. Upon a proper and timely request, the State might be obligated to tender to you any such written reports or evidence of the accuracy of this device, as well as of the device having been tested before it was used that day or the week before (it depends on the standards used by your local police department too). As usual, I recommend she retain a local and honest attorney, one who knows the court and the system relating to speeding tickets too. Well, I hope this helps you both a bit. If you appreciated my answer -feel free to hit the accept button. Regards, XXXXX XXXXX
Alex, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 61
Experience: Experienced, former Assistant State's Attorney and Assistant Attorney General licensed in IL and NY
Alex and 2 other Criminal Law Specialists are ready to help you
Customer: replied 5 years ago.
Thank You, XXXXX XXXXX Consider Your Advice. H

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