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

Was very honest & professional addressing my issue.

Highly recommended

Mr. Azria did a great job handled my speeding ticket! All it took was a quick telephone call and he took care of everything. He got my charge (and fine) reduced and I did not have to appear in court. Everything was handled via telephone & email.

Mr. Azria was great to deal with and he did exactly what he promised for a very reasonable fee. I hope I don't need him again, but I strongly recommend him.

A Speeding Ticket Client posted to Avvo
Extremely satisfied

I have hired the Azria law firm twice to represent my daughter, once for speeding and the other was an accident. Both times I was extremely pleased with the outcome, in both cases they were dropped to no pointers. Everything was handled through e-mail, which was very convenient and in both cases were taken care of from start to finish within a month. I would recomend them to anyone. Thank you again for all of your help.

anonymous posted to Avvo
Excellent job done!!

Seth Azria saved me such heartache when I received a speeding ticket on Thanksgiving day...of all days of the year. 
Seth was able to negotiate a much lesser charge and fine and I am truly thankful!

Mary B. posted to Avvo