Seth Azria Logo

NY Traffic Ticket Defense Articles

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

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

I was entirely satisfied with the representation I received from Azria and Bruffett. In May 2018, I received two tickets for failing to stop adequately at a stop sign (the officer said it was a "rolling stop") and failure to signal more than 100 ft. before a turn. I had never had a moving violation in 20+ years of driving, and I was now suddenly facing 5 points and the possibility of a hefty fine! Azria and Bruffett were able to get the charges reduced to a non-moving violation with no points and a minimal fine. Based on my experience, I would recommend them to someone who is concerned about avoiding points and black marks on their driving record.

Christopher Noble posted to Google+
Ticket resolution

Mr. Seth Azria handled my case competently and efficiently. I did not have to appear in court, which made the entire process really painless. He was successful in negotiating a reduction of a speeding ticket to a no-point non-moving violation, for which I am truly grateful. Even though I had a very good record prior to the event, that ticket would have impacted my finances quite negatively. Thanks to Mr. Azria this did not happen.

Alexandra posted to Avvo
Google+ Review

I am satisfied with the outcome. I must say that Azria & Bruffett Law Firm help, support and guidance was very professional as well! I highly recommend Azria & Bruffett Law Firm , if you have any traffic speeding tickets in the NY state. I found his services remarkable. They delivered as promised. Thanks

Google Review

Seth is a highly responsive and professional lawyer. He provides a very good service.