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  #1  
Old 11-02-2009, 04:10 PM
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Join Date: Nov 2009
Posts: 1
Incorrect mph zone written on speeding ticket.

What is the name of your state (only U.S. law)? New York

I was traveling towards albany on I-90 East. I got off at exit 24 albany exit. When I got off I was going to exit 1S, I think it is. The sign says Route 20 Western Ave. It's right where the Crossgates Mall Road is.

Instead of going into the mall, I moved into the left lane and started going towards Western Ave. I didn't realize how fast as I was going and didn't even see him put his lights on, but as I turned right onto Western Ave. I see a state trooper's lights go on so I pull over. I have no idea where the state trooper was waiting, so he caught me off guard.

He tells me I was speeding and then takes my driver's license. He doesn't tell me how fast I was going or what the speed limit is, just takes my license and registration and goes back to his car. I wait for like 10 minutes and he comes back with the ticket. I didn't even see any speed limit signs on that road anyways.

He tells me he clocked me at 63mph but only wrote in 60mph on the ticket and that I was going that fast in a 45mph zone.

My girlfriend's in the car with me and the officer leaves and as we drive away, she notices that he wrote that I was going 60mph in a 20 mph zone.

I went to bring it to a lawyer to see if he could do anything about it, or to get it reduced and he kept asking me where it was and I kept trying to explain to him where I got the speeding ticket. I told him the location written on the ticket was SR910F and he was kind of being rude about it. He didn't understand it. All he said was I had to go back to where I got the ticket and be completely sure that it was a 45mph zone. I don't even remember seeing any signs for the speed limit at the certain location, but the officer himself told me it was a 45 mph zone. Does that even matter what the officer said since I can't prove that he said that unless he openly admits to it.

I'm not sure where to go from here. Should I plead not guilty and tell the judge that the officer wrote the wrong mph zone? What would happen then? Is there any way I can get this dismissed? Any help would be greatly appreciated.

And the the VTL Section is 1180d

I just checked google maps and I know for a fact it's a 45mph zone.

albany new york - Google Maps

Is there anything I can do to get this dimissed based on the trooper's mistake?
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  #2  
Old 11-02-2009, 07:26 PM
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No. He may have inadvertantly written twenty instead of 45, but that doesnt change the fact you were speeding.

Now, had you been doing 45 and he gave you a ticket for going that speed , citing it was a 20 mph zone then you could get a dismissal since you were NOT speeding.

His inadvertantly putting twenty instead of forty or forty five doesn't change the fact you were going faster than the speed limit.

Unfortunately, the officers equivalent of a typo (handwritten) doesn't dismiss a ticket. They never feel as strongly about their own mistakes as they do someone elses.

I would not plead guilty. I would to to court with the correct attitude and point out the error----but be prepared it is a long shot to expect dismissal when you were actually speeding, even if not the huge amount he wrote on the ticket.
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