It is frustrating to receive a speeding ticket. In many instances, a motorist was simply travelling with the flow of traffic, but was singled out to be pulled over to be handed a summons by the police or a trooper. Other times, one simply wants to pass a vehicle or to avoid trouble on the roadway but receives a ticket anyway and the police officer is uninterested in hearing an excuse. Perhaps a motorist simply was speeding but not as fast as the officer asserts in a summons.
As a motorist who receives a summons he or she believes is unfair, it is often this person’s desire to confront the officer at a trial and to give the officer a piece of his or her mind. However, in practical terms, this generally tends to be an unwise course of action.
In most parts of New York State, the courts allow plea bargaining with a prosecutor. Plea bargaining is usually the friend of a motorist because it allows a motorist to lessen the negative impact of a summons or ticket on such person by reducing the points ultimately received. Why would a prosecutor or even a State Trooper want to offer to reduce points for a summons issued in his or her jurisdiction? Most often the answer is that the prosecutor is busy with other more substantive matters such as burglaries and murders and does not have the time or resources to commit to trying each and every traffic summons issued in his or her particular town or village.
Why can’t a motorist go to trial and prove that he or she is innocent? The answer is that it is often a costly and time-consuming endeavor for a motorist to travel to the jurisdiction where a summons was received. Further, a judge is more likely to consider as truthful the testimony of a police officer or state trooper whom he or she knows well, or at least casually, over the testimony of a motorist who was passing through the town or village where the summons was issued.
How can one obtain the best possible reduction? The best way to know that you have gotten a good deal is to hire a qualified lawyer who understands the law, procedures, and customs of particular jurisdictions. It takes years of experience to understand the ins and outs of plea bargaining.
My firm is glad to help you obtain a deal that is in your best interest, or to try a case if need be. We are always glad to discuss your situation and to assess which legal solution best meets your needs and requirements.