Highway Wrong on Speeding Ticket

[kadrien]

My question involves a traffic citation from the state of: New York

I already posted this in the speeding ticket forum because I didn't see this forum first. Here's a direct copy/paste from the first post and a link to that post so you can see the answer(s) and my followup(s).

http://www.expertlaw.com/forums/showthread.php?p=277415

Alright, it's a simple one. I live in Northern New York state, or as a friend of mine put it "Almost Canada", NY. I got pulled over for doing 47 in a 30 zone because I was speeding up for the end of a speed zone and to go uphill in a fully-loaded Prius.

On the traffic tickets I got that day it clearly says I was driving on "Hwy No 3", on "Hwy Type 2", which the back lists as "State". The location in the supporting deposition reads as "Highway (Type/Name) 2 - STATE SR3". The village I was in is dozens of miles from the closest part of NY State Route 3. Even if he was referencing County Route 3 it's miles away from where I was pulled over. This isn't something like the color of the car being wrong (which it is, my mother's Prius is silver, not gray), this is placing me in two locations simultaneously, miles apart. Would this get the tickets thrown out of court? Thanks for any help!

P.S. There are questions in my mind about the radar and the cop's story of using it, especially since traffic was fairly heavy and there were people coming down the hill I was about to go up -- coming off a 55 zone and coming downhill.

[Mr. Knowitall]

If you can establish to the court that you weren't at the location where the ticket was supposedly issued, or that your speed would have been lawful in that location, you should prevail. If the court disagrees with you and finds the ticket sufficiently describes your location, or if the officer is permitted to amend a clerical error on the ticket such that it identifies the proper location, you could be convicted.

Whether a car is "silver" or "gray" is largely a matter of lighting and interpretation.

[kadrien]

Thanks for the reply. Yeah, I agree on the silver vs gray thing, especially if the car is covered with salt and sand from all the crap on the roads this time of year. The location/highway thing, though, is serious. The officer's deposition even states -- twice, for a total of three times on the ticket -- that I was on "SR3", including the part where they intend to offer up for evidence an incorrect version of what I said to the officer that day when he asked me why I'd been pulled over. And I don't mean simplified or "substantially stated", I mean it's pretty hacked up and twisted to make it look like a total admission of guilt. It'll be taken as-is, though.

In any case, I know I'm pretty well boned because of the way these things run. My best bet is to ask for an adjuration once they correct the document in accordance with NYS Law 200.70 (which allows such changes in legal documents) where it clearly states that if a document is modified the judge has to allow for an adjuration to allow the defendant to prepare a defence in accordance with the new document. Hopefully if I tie things up long enough they'll offer me a better deal.