How to Contest a Speeding Ticket

Speeding is one of the most common reasons for being pulled over in New York or anywhere else. Driving over the posted limit puts you at risk for such a ticket.

Whether you are caught in a speed trap on a local roadway or ticketed for driving too fast in the fast lane on a highway, you are now facing the prospect of:

  • Demerit points added to your driving record
  • Fines and, in some cases, driver’s assessment fees draining your bank account
  • An increase in your auto insurance premiums

By automatically paying the fine to close out your ticket, you are admitting guilt which means, while your case becomes closed, all those penalties listed above will go into effect. Is it worth contesting your speeding ticket? That depends on how many points are on your driving record and how many previous tickets you have received as well as your frame of mind when it comes to kicking back at unfair and/or subjective traffic citations.

How do you contest your speeding ticket if you want to save your license or avoid more points? It can be complicated but it can be done. At Stites Law, we have a strong track record of success in fighting tickets. Having represented over 125,000 drivers, we have the experience you need.

Contesting a Speeding Ticket at the Traffic Violations Bureau

If you are cited for speeding anywhere within in the five NYC boroughs of Manhattan, Brooklyn, The Bronx, Queens, or Staten Island, your speeding ticket case will be heard in the DMV’s Traffic Violations Bureau (TVB). This bureau does not function like other traffic courts in the state. It operates under rules unique to itself. Generally, your case will involve the judge, the police officer who issued your ticket (representing the state of New York) and yourself as the defendant.

While in other courts, you may enter into a plea bargain with a prosecutor, this is not allowed in the TVB. At the TVB, you can plead either guilty or not guilty. The burden of proof is less because it is based on “clear and convincing evidence” as opposed to “beyond a reasonable doubt.” This makes it easier for you to be found guilty. You also do not have what is called an advanced “right of discovery,” meaning the right to documentation or evidence being used against you by the other side prior to your court hearing. This makes it difficult to prepare. Furthermore, an officer can use “hearsay,” such as oral statements made by others against you.

Because of the above negatives, it is best to hire an experienced traffic ticket lawyer. Without complete understanding of the law and how to navigate the system, you as a lay person can easily make mistakes that will result in a conviction. An attorney who operates daily in this system knows what to say, how to say it in appropriate legalese, and what not to say that could sink your case.

Your job in all of this is respond immediately to your ticket, attend the hearing, remain civil to everyone involved, and bring in your own evidence, such as witnesses or written evidence favorable to you. Having an attorney by your side who knows what to do, how to cross-examine, and more can make a significant difference throughout the procedure. Additionally, attorneys who regularly attend TVB hearings have built a professional relationship with judges and law enforcement that can work in your favor.

Ready to learn more about how we can help you fight that speeding ticket? Contact Stites Law at (212) 729-0472 or request a free evaluation through our online request form.