Rockland County Speeding Ticket Lawyer
Police officers in Rockland County are always on the lookout for motorists who are breaking the law while driving. One of the most common ways that people do this is by ignoring posted speed limits. While speeding may be ignored in some situations, officers have every right to pull drivers over when they believe that someone is exceeding the legal speed limit.
However, just because an officer believes that someone is violating a traffic law does not mean that a person must always accept the penalties that follow. If they so choose, every Rockland County resident who is given a ticket has the right to dispute that ticket in court.
A Rockland County speeding ticket lawyer could help you file an appeal against your ticket and appear with you in court to present your case. Depending on the circumstances, a seasoned criminal defense attorney could help you avoid paying heavy fines, as well as potential increases in insurance premiums or loss of driving privileges.
Appeal Process for a Speeding Ticket
Whenever a police officer issues a traffic ticket, that ticket must contain information about how the recipient can contest the charge. Typically, speeding tickets contain information on the back about how to request a hearing for this purpose. A ticketed individual must simply check off the box stating that they want a hearing, pay a small hearing fee, and mail the ticket to the listed address.
Within a few days, the courthouse that would hear the case would mail the driver a notice of the date and time for the hearing. More information about this process is available at the DMV website, as well as from a qualified Rockland County speeding ticket lawyer. It is important to realize, however, that there is a limited time within which a person must file their request for a hearing. If this time limit passes, the driver forfeits their right to an appeal.
What Happens at the Hearing?
The hearing for a speeding ticket appeal is a sort of mini-trial that takes place at the local criminal courthouse. This courthouse has jurisdiction to hear such cases under New York Criminal Procedure Law §10.30. At this hearing, the officer who issues the ticket must appear to state why they gave the driver the ticket. During this testimony, the presiding judge may ask the officer for further information and clarification about the incident.
The driver would then have the chance to ask the officer questions about the incident with the help of their skilled defense attorney. This is known as cross-examination. These questions generally concern how the officer was able to accurately gauge the driver’s speed, what tools—such as a radar gun—the officer used, and when any such tools were last serviced.
Once the officer is finished, the driver has the chance to tell their side of the story. Again, the judge has the option to ask the driver questions and request more information at their discretion. Following this, the judge would then issue a final ruling on the case. Even if the judge finds the driver responsible for speeding, they may still reduce the penalty amount due.
Can a Speeding Ticket Result in Jail Time?
Jail sentences for speeding tickets are rare. However, jail time could be possible in certain traffic cases. For instance, motorists found guilty of traveling 11 miles per hour over the speed limit could face up to 15 days in jail. For charges that involve driving more than 30 miles per hour over the speed limit, that sentence could increase to a maximum of 30 days.
Additionally, jail time is more likely for the following scenarios:
- Speeding in construction areas
- Speeding in school zones
- Causing a serious accident because of speeding
How does a Speeding Ticket Impact Your Driving Record?
Like most states, New York has a point system for individual driving records. The more points a driver accrues, the more likely they are to have their license suspended. Following a suspension, the cost of reinstating a license could be steep.
Speeding tickets can result in points accumulating on a license, depending on the specific speed of the vehicle. Traveling between 1 and 10 miles over the speed limit is worth 3 points, while going more than 41 miles over the limit can result in 11 points.
Could a Speeding Ticket Increase Insurance Rates?
State law can prevent insurance increases for traffic ticket convictions in certain cases. For example, New York Insurance Law Section 2335 prevents insurers from raising rates due to a speeding offense of 15 mph above the limit or less.
Despite this statute, insurance companies often test the limits on what rate increases they can get away with. Avoiding a conviction for speeding entirely is the best defense against higher insurance rates.
Reach Out to a Rockland County Speeding Ticket Attorney
Speeding tickets mean different things to different people. For many drivers, a ticket is a mere annoyance that requires the payment of a fine. For others, such a ticket could result in a sharp increase in their insurance premiums or even the loss of their driver’s license.
No matter a citizen’s motivation for fighting a speeding ticket in court, they have the absolute right to do so. To that end, a Rockland County speeding ticket lawyer could help you cross-examine the police officer who ticketed you and deliver your own testimony in a concise and impactful way. Contact a speeding ticket attorney in Rockland County today to see how they could help you.