There are certain strategies that can be utilized to contest a traffic ticket received on Long Island. Clearly, the main advantage of receiving such a ticket in Nassau and Suffolk County is that there is a prosecutor to speak with about possible reduction from the initial charge. In most cases, you are better off making a favorable plea deal than taking the chance on a trial.
However, if one wants to contest a ticket, the best three strategies would be to:
1. Review the accusatory instrument. Review the specifics on the ticket (time, place, occurrence). Be sure that the automobile described is yours and that your name and the registration information is correct. Be certain that the vehicle described is the correct make and model. There are instances where if the incorrect information is stated, or improper statutes are cited that a basis can be made for a motion to dismiss the ticket “on its face”.
2. Fight a ticket by requesting a supporting deposition which requires the officer to provide additional information in support of the accusatory instrument. While often today, the computer printout of the ticket will include the officer’s supporting deposition, it is not always the case. If you are going to fight the ticket, you should make a timely demand for the supporting deposition within forty-eight (48) hours of receipt of the ticket. Send your request to the Court by certified mail. If you do not receive this document within 30 days, this may form the basis for a motion to dismiss the ticket.
3. Know as much detail as possible about the incident. In the event of a speeding ticket, be very familiar with the location of the incident, and recall as much detail as possible. In particular, try to remember where the officer was situated in relation to your vehicle. Furthermore, try to determine the method in which your speed was calculated by the officer. If it was done with a laser instrument or whether it was performed by the officer’s independent observation.
If you need an experienced Long Island traffic ticket lawyer, please contact attorney Michael W. Alpert at (516) 280-7288 or malpert@alperlegal.com