The Law Office of Rex M. Pietrobono

2 Sarles Street
Mount Kisco, NY 10549

Call Now For A Free Initial Case Evaluation

(914) 301-7500

The Law Office of Rex M. Pietrobono

Although traffic camera tickets for speeding and passing a red light are eventful to the municipality who issued them – a conviction for one will not appear on your NYS DMV record and they do not carry points. The municipality takes them seriously enough to send out notice(s) to the registered owner of the vehicle, make attempts to track them down, and then offer the opportunity to plead guilty or not guilty. The motorist would have the opportunity for a hearing on the matter, or to plead guilty with a fine (typically, these fines are much less than a speeding ticket issued pursuant to the Vehicle and Traffic Law by a law enforcement officer).

Does It Matter If I Was Ticketed For Speeding When Everyone Else Was Going Faster?

It’s not a valid defense that all the other vehicles were going the same excessive speed or even faster. In fact, it could be used as an admission to speeding, either directly or indirectly, and the motorist facing a conviction for it.  There has to be a posted speed limit on a highway properly installed in accordance with the Vehicle and Traffic Law.  It’s that speed which governs – not other moving vehicles.  On the local roadways where there may be few signs or not at all, there is a legal presumption that unless otherwise posted the speed limit is thirty miles per hour.

Is It True That A Speeding Violation Is Dropped If The Ticketing Officer Doesn’t Show Up For Court?

The first appearance by a motorist or counsel on their behalf, is a pre-trial conference.  The issuing police officer does not have to be present and, in fact, is seldom there.  The pre-trial conference really sets the tone for the whole case and is the best opportunity for your attorney to make a strong case for a successful negotiation as an alternative to a trial at a later date.

At a trial – yes.  The prosecution cannot proceed at trial without their material witness; i.e., the law enforcement officer who issued the ticket. If the officer does not appear at trial, an application would be made to the court to dismiss the matter.

For more information on Speeding Ticket based On Traffic Cameras, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (914) 301-7500 today.

Rex Pietrobono

Call Now For A Free Initial Case Evaluation
(914) 301-7500