What Is The Most Common Mechanical Device Used To Measure Speed?

By far the most common mechanical device used to measure speed of vehicles is radar. All courts have accepted the scientific reliability of the theory upon which it is based. However, proof of a speed by use of radar has many requirements. There must be proof that the unit is accurate on the date, time, and place in question. It must be proved that the officer who operated the radar unit received some formal training in the operation of the unit in question. Some test or tests of the device itself by external means has been required. This is usually provided by testimony of a police officer concerning one or more tuning forks struck in a manner prescribed by their training manual.

In addition there may be evidence of recent calibration of the device by an expert, such as the manufacturer or a trained repairman.

Upon Conviction Of A Speeding Ticket, What Are The Various Sentences Which Might Be Imposed?

In sentencing a speeding offender, a judge must now consider not only whether the driver is a repeat offender, but also the speed at which he was travelling. The judge must record the speed of the violator and send it to the Commissioner of Motor Vehicles. A fine imposed will be based upon the number of miles per hour over the speed limit. In addition, although rare, a judge can impose up to 15 days in jail and in the case of 30 or more miles over the speed limit, up to 30 days in jail in place of or in addition to a fine. Fines will also be increased upon a second violation within 18 months and increased further upon a third violation.

A third speeding conviction within 18 months results in a mandatory suspension of a driver’s license. A single offense that results in 11 points (i.e., driving more than 40 miles per hour over the speed limit) will result in a hearing before the Department of Motor Vehicles. A suspension or revocation of a motorist’s license and registration will then be in the discretion of the Department of Motor Vehicles.

What If A Motorist Is Charged With A Speed Greater Than Is Reasonable And Prudent Under The Conditions?

Although this language lacks scientific precision, a conviction under this section of the Vehicle and Traffic Law has been held to be constitutional. However, application of this statute has been elusive at times. The reasonableness of the speed will depend on a variety of circumstances which include weather, visibility conditions, road grade, surface conditions, and traffic and other obstructions. Driving at a speed inappropriate to the conditions in violations of Vehicle and Traffic Law Section 1180(a) requires the showing of something more than a skidding car and is not intended to cover all acts of careless driving, but specifically directed against excessive speed. Examples are as follows: in a case where a defendant skidded and collided with a police car on a snowy night, the proof was not sufficient that the speed was inappropriate to the conditions.

Poor judgment as to when to apply the brakes is not the same as driving at an inappropriate speed. Proof of skidding in an accident is insufficient as well. If a driver is unaware that the road conditions were slippery and the unforeseen conditions rendered the roadway hazardous, then a driver is not guilty of driving at an inappropriate speed.

Is There An Emergency Defense To A Speeding Ticket?

Courts have held that in a true emergency, speed limits may be exceeded, but they are quite conservative in defining those emergencies. For example: where a motorist claims that he/she had to rapidly increase speed to avoid colliding with the rear of the vehicle ahead, the emergency defense may apply if the action was taken to avoid eminent physical injury. In order to apply this defense it must be shown that the emergency which developed was through no fault of the motorist and is of such gravity and necessity of avoiding injury as to outweigh adherence to the requirements of the law.

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