Bronx Speeding Ticket Lawyer : Speeding Accident Defense

New York categorizes speeding violations into different levels based on how far you exceeded the posted limit. Speeding one to ten miles per hour over the limit is a violation, while speeding eleven to twenty miles per hour over the limit is a more serious violation. When a speeding accident occurs, prosecutors often argue that excessive speed was the cause, which can result in enhanced penalties. Our attorneys help establish whether speed was truly the contributing factor, or whether other circumstances caused the accident. We also examine whether the speed measurement was accurate and whether proper radar or laser calibration procedures were followed.

If your speeding accident resulted in injury, the charges become more complex. Under New York Vehicle and Traffic Law Section 1192, causing injury while speeding can lead to charges of reckless driving or even assault by vehicle. An accident injury claim may also be filed against you by the injured party, creating both criminal and civil liability. We coordinate your defense across both proceedings to protect your interests and minimize exposure.

Most speeding tickets and minor traffic violations are handled in the Bronx Criminal Court, which processes thousands of traffic cases annually. This court operates under New York State rules and local administrative orders specific to the Bronx County judiciary. Cases are typically assigned to a judge or hearing examiner who reviews the evidence and determines guilt or innocence. The Bronx Criminal Court also handles plea negotiations and traffic resolution conferences, which offer opportunities to reduce charges or penalties. Our firm maintains relationships with prosecutors and judges in the Bronx Criminal Court, allowing us to negotiate effectively on your behalf. If your case involves injury or property damage exceeding certain thresholds, it may be transferred to Bronx Supreme Court for felony prosecution.

In the Bronx, speeding accident cases require careful examination of police reports, dashcam footage, witness statements, and accident reconstruction evidence. New York discovery rules require prosecutors to provide all evidence to the defense, including the officer's radar or laser calibration records. We file timely discovery requests and motions to suppress evidence if proper procedures were not followed. The Bronx courts have specific local rules regarding motion practice and evidence submission deadlines. We ensure all procedural requirements are met to protect your rights and avoid waiving important defenses.

Police officers use radar guns and laser speed measurement devices to determine your speed at the time of the accident. However, these devices require proper calibration and maintenance, and officers must follow specific procedures when using them. If the officer failed to calibrate the radar gun on the day of the stop, did not follow proper operating procedures, or did not maintain the device correctly, the speed reading may be inadmissible in court. We obtain maintenance and calibration records from the police department and cross-examine the officer regarding their training and adherence to procedures. Additionally, environmental factors such as weather, road conditions, and visibility can affect speed measurement accuracy. Our investigation examines whether these factors were present and whether they may have influenced the reading.

Prosecutors must prove that your speeding was the actual cause of the accident, not merely a contributing factor. A speeding accident may have resulted from another driver's negligence, mechanical failure, road hazards, or adverse weather conditions. We conduct accident reconstruction analysis to determine the actual cause and may retain expert witnesses to testify regarding accident dynamics. Even if you were speeding, if the accident would have occurred regardless of your speed, the charges may be reduced or dismissed. This defense is particularly important in speeding and traffic ticket cases where multiple vehicles are involved.

A conviction for speeding resulting in an accident can result in license suspension or revocation, depending on the severity of injury and prior violations. Accumulating eleven or more points on your driving record within an eighteen-month period results in automatic license suspension. Additionally, insurance companies typically increase premiums significantly following a speeding accident conviction, and some insurers may refuse to renew your policy. The long-term financial impact of a conviction often exceeds the initial fine. We work to negotiate reduced charges or alternative resolutions that minimize points and insurance consequences.

If your speeding accident resulted in injury, criminal charges may be filed, creating a permanent record even if you are ultimately acquitted. A criminal conviction can affect employment, housing, professional licensing, and educational opportunities. We pursue every available option to avoid a criminal record, including negotiating for violations rather than misdemeanors, pursuing conditional discharge, or seeking dismissal based on insufficient evidence.