Can You Fight New York’s Automated Speeding Ticket Law?
New Yorkers were hit with some surprising news regarding new measures to help reduce traffic violations.
The fairly new system identifies and takes pictures of vehicles driving over the posted speed limit using a camera triggered by radar. These cameras will be used mostly in work zones where drivers are expected to reduce their speed. You can get more information in the link below.
The news seems to be causing some confusion among drivers in New York State. If you get a speeding ticket in the mail who is responsible for paying for it? Does the violation go to the driver or the vehicle owner?
A fine will then be given to the registered owner of the vehicle.
If they only have a photograph of your plate and don't have any proof that you were driving the vehicle and were in fact the one speeding could you fight the ticket? What are your chances of winning in court?
Can you fight an automated speeding ticket in court in New York?
We asked a local attorney what he thought about the topic. Who's responsible for an automatic speeding ticket caught on camera? Is the driver or the owner of the car on the hook for the violation?
"The law imposes liability onto the owner similar to in car accident cases, whereby the owner is liable for the negligent actions of anyone driving their car with their permission. One of the primary defenses to these camera tickets is if the owner reports their vehicle stolen. Therefore, unless you report your vehicle stolen on the day you vehicle was captured speeding, you may be stuck with the ticket. Other defenses to the ticket would be to attack the accuracy and calibration of the camera equipment that captured the speed. However, I can foresee that being difficult to win."- Alex Mainetti. Mainetti & Mainetti
If you are fined for speeding by one of these cameras you may be able to take it to court and win but it might be easier and safer for you and anyone using your vehicle to just drive the posted speed limit.
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