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Your Traffic Law Questions Answered, Round Two
Discover the secrets the cops would rather you didn't know.
Yes, traffic lawyer Matthew Weiss is back for our second round of questions and answers regarding everything about traffic law that you wanted to know but were too afraid to ask, mostly because you didn’t want to waive your right to be silent. However, if you missed your chance to drop Mr. Weiss a line last time, you can still ask him about your road-related legal beagle needs—just leave a message in the comments below or send an email to lawhelp@0-60mag.com, and we’ll pass your response along.
Scott asks via Facebook:
“I’m in Texas (if the law differs. I realize that the municipal court of record isn’t a real court of law, thus their evidence protocol is a little, uhm, different. That being said, what about the ol’ Officer shooting laser or radar from the overpass, radioing ahead to officers at the next on-ramp. What is the best defense strategy in court for this shady practice? Do the bridge officer AND the stopping officer have to show up to testify? I’m always curious about that one, but my tickets usually time-out and end up quashed anyway because they don’t like my red-tape thrown back at them. But I’d love to go into court prepared and actually fight this kind of ticket and win. Thanks for your time!”
Mr. Weiss:
Scott, we call this type of speeding ticket a “pitcher and catcher”. Generally, both officers must appear and testify. The first officer (pitcher) must testify as to his radar or laser device, its set up and use, the vehicle’s speed, etc. The second officer (catcher) must testify as to who was driving the speeding ticket (i.e., ID testimony). Without both, I do not think that a legally sufficient case can be established in a court of law (as opposed to an administrative agency). Without one officer, the case cannot be established by non-hearsay evidence.
David asks via Facebook:
“I remember often hearing that if given a speeding ticket, to take it to court and question the police officer if the radar gun is “properly calibrated” and if he is certified to use it. Any truth to either of those?”
David, yes, these are two lines of questioning that can be raised at a speeding ticket trial. There are other lines of attack too but these two are good ones.
Zachary asks via 0-60mag.com:
“Can speed alone equal reckless driving? For example straight road rural area no drive ways, no streets, just empty straight two lane roads with trees and you get caught doing 170mph-ish by yourself no one else in the car. You see a car up ahead so you slow down never weaving or skidding tires and its a cop and he turns around catches up to you. You turn on flashers and pull over in a safe area after letting the brakes cool. Cop gives you a ticket for reckless endangerment after he states he did not get a good clock on you but one blip said 173mph. He looks at the car and says it looks like it is made to go fast and that he would be watching out for me on the road. So, can speed alone equal reckless endangerment?”
Mr. Weiss:
Zachary, generally, a reckless driving ticket is issued when a motorist does something really stupid that endangers himself or others. In most states reckless driving is a criminal offense AND a moving violation. In New York, reckless driving is a misdemeanor and carries 5 points. It can also result in your auto insurance rates being raised for 36 months.
Speeding at 170+ mph alone will be considered reckless driving by most judges … even on a straight rural road (and even if this occurred at night). You definitely want to fight this very serious ticket.. Therefore, we definitely recommend pleading not guilty and retaining an experienced traffic lawyer.
Ryan asks via 0-60mag.com:
“Question for Mr. Weiss – Ever since I moved from my home state two years ago, my dad has been bugging me to get a new license in my current state, New York. If I get pulled over in a rental car, can I get in trouble for having an out of state license as a technical New York City resident? Even when I’m not driving, is it really necessary to change my license over to NY? I hate going to the DMV…Thanks.”
Mr. Weiss:
It is a New York traffic violation in to fail to replace an out-of-state license with a New York license when you move here. The law gives you 10 days to do so. If you get caught, you can get a no-point ticket. We therefore recommend that you visit a NY DMV office as soon as possible to surrender you other license and obtain a New York one.
