Seth Azria Logo

NY Traffic Ticket Defense Articles

Legal insights, guides, and tips for handling traffic tickets in New York.

Can a Police Officer Visually Estimate the Speed of Your Car?

by Seth Azria on 4/27/2019
Speeding Tickets 3 min read

Can a Police Officer Visually Estimate the Speed of Your Car?

By Seth M. Azria, Esq.

Prompted by a supporting deposition that stated the officer made a visual speed estimate that was verified by radar, some drivers question the permissibility of such visual estimates.

Can you be convicted of speeding by evidence from a police officer’s visual estimate of your speed without a mechanical device?

1. Officers May Visually Estimate Speed

Yes, the officer may visually estimate your speed and the judge may rely on the officer’s opinion of your speed to support a conviction. Of course, the officer has to be properly trained in such independent visual estimation, have experience in doing so, and have an acceptable level of accuracy.

2. Radar May Also Establish Speed

The prosecution may also use the evidence of speed from the radar device. For decades, radar devices have been accepted by courts as evidence of speed, provided they are properly used and tested within a reasonable time before that use.

Redundant Evidence in Court:
Each basis, visual estimate or mechanical measurement, independently, may support a conviction. So when there is a combination of a visual estimate and radar device evidence (as in most cases), if one type of evidence fails—for example because the radar wasn’t tested properly—the court may still convict based on the other method.

3. Pacing or Driving Behind You is Also Permitted

In addition to the radar and the visual estimate, the officer may also establish your speed with the patrol car’s speedometer by “pacing” your vehicle. That is, maintaining a fixed distance between your car and the patrol car.

Some drivers mention that the officer followed behind them and didn’t pull them over right away. Rather than a reason to attack the ticket, the officer is likely pacing the vehicle to improve the quality of their testimony should there be a trial.

These different and redundant methods for proving a speeding charge make trials difficult to win for drivers. While your case may likely lose at trial, it does not mean we are unable to help you.

Free Consultations

Have a Traffic Ticket in NY?

Speak directly with Seth M. Azria, Esq. to get a fast, free evaluation of your case.

Google Review

My family has consulted with Seth Azria and his team several times over the years and I cannot say enough good things about this firm. They are prompt, courteous and extremely proficient in NYS Traffic Law and I would not hesitate to contact them again should the need arise.
This firm truly cares about the individual and I'm sure I could not find a better legal team anywhere. HIGHLY RECOMMEND!!

leah r
Google Review

Seth was fast, efficient, and helped me get my situation dismissed. Would recommend!

Google Review

Azria & Bruffett is great a Law Firm. Their professionalism and speedy manner of communication is outstanding. Thanks to Seth Azria, he certainly knows what he is doing.

If you're looking for the man, you found him

Case after case year after year call after call Ralph answers and is always prepared to step up to the plate and help me out in any time of need. My family and I I truly thankful for all that Ralph has done for us. Any legal matter needs professional legal knowledge Ralph has the capabilities and the knowledge to keep you on the right side of the law

Wells posted to Avvo