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LegalChess17

Speeding Ticket in NYC Questions

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Hi,

 

I received a speeding ticket in NYC (40MPH in a 25MPH zone) on a two-lane twisty undulating road with seemingly no mile markers, street signs or posted speed limit signs (in the direction of travel I was going).  The road leads to the on-ramp of a highway where the speed limit is 50MPH.  The police officer said he used a radar gun to gauge my speed from a location ahead of me on this road.

 

My questions are the following.

 

1) Given that there are no speed limit signs on this road in the direction I was traveling, would that be sufficient to dismiss the ticket even if the actual speed limit is 25MPH and I was actually going 40MPH?  

 

I took pictures of the entire roadway and only found a single speed limit sign in the opposite direction of travel that is not visible to cars coming in the direction of travel I was going in.

 

2) If the police officer fails to state or reference an intersection (i.e. infraction occurred 20 feet from the corner of roadway A and roadway B or halfway between mile markers 1 and 2), would that be grounds for dismissal because the location of the infraction cannot be determined by the "statement of evidence by the police officer"? 

 

I ask this because I have previously had a ticket for failing to stop for a stop sign (at 2MPH I might add) dismissed for this reason without me proposing it as a reason for dismissal in another case.  The judge just came out and said that was the reason for the dismissal after the officer read his written notes for the court (which only mentioned one of the two streets where the infraction took place).

 

3) Is there any truth to the idea that radar guns cannot accurately gauge speeds on vehicles moving on a curved roadway and thus, readings from such a roadway be discarded as evidence?

 

4) Is there any truth to the idea that an undulating roadway can obscure radar gun readings and if so, is there a certain number of degrees difference required (by law) before reasonable doubt on a radar gun reading is viable?

 

5) By any chance, does anyone know the proper way to request a supporting affidavit of a traffic stop in New York City?  I am unable to find that answer on the DMV, TVB or NYPD websites and thought maybe someone here might know that.

 

Some people may think this is a ridiculous post and my questions overkill for a speeding ticket but when you are paying insurance on two cars in NYC, the points for these tickets don't just mar your driving record, they also hike the price of your insurance to unreasonable amounts.  No defensive driving course will take away the insurance points that will keep you paying higher rates for 5 to 7 years ... way beyond the cost of the ticket fines, fees and surcharges.  If it were just a hit to my driving privileges, I would take the cost and consequences of getting caught violating the posted speed limits.  In the case of this ticket, I had no idea I was breaking the speed limit because it was not posted anywhere.  However, experience tells me that ignorance is not an excuse although how the hell they expect you to know how fast you can go if there are no signs to tell you is beyond me?  I know, logic has no place in law.  Still don't have to like it.

 

Thank you.

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