Background: 
While riding my motorcycle back home from a local store, I was pulled
over. Office stated that another officer got me on radar going 61 in a
30 on some road a few miles away.  I informed the officer that I was
not familiar with that road and that I knew the speed limit all over
town is 30.  He proceeded to ask for my license and returned back with
a ticket very shortly.  I asked if he was the one that saw me
speeding, and he stated that he was not. He then proceeded to inform
me that should go to court and that I should slow down. I informed him
again that I was not speeding.  It was month-end and I?m sure that I
was just a victim of simple month-end ?write as many tickets as
possible? event.

Surely, I sent back my ticket with not guilty plea and requested a
deposition from the officer.  I just received the deposition and the
officer (one who apparently got me speeding, not the one that pulled
me over and wrote the ticket) stated that he saw a red motorcycle
traveling fast and estimated the speed to be 60. K1 radar confirmed
that it was 61. He continues to include my license plate number in the
deposition.  He could not have possibly seen the license plate for two
reasons:

1.	A motorcycles license plate is very small and traveling 61 it would
be nearly impossible to read even from a few feet away, especially
from the side of the road.
2.	I was not on the road which he claims I was apparently speeding on.
I had no idea where the road was and when I got home and looked at a
map, I realized that I was not even riding on that road.

Questions:
1.	What to do? Aren?t there some kind of procedures that officers are
supposed to follow? Like actually go after and pulling over a vehicle
which you say was speeding? Also, isn?t the officer that pulled me
over supposed to ask for license, registration, insurance, and
inspection? He only asked for a license and came back with a ticket
very fast.
2.	The officer is obviously not being honest in his deposition.  Could
I bring some kind of charges against him? Perjury?
3.	On a different note, is there anything that states that I am
entitled to a public and timely trial? I know that I read something
that in CA a trial needs to take place within 30 days. Is this the
case in NY as well? If it?s been months, then what? Considering of
course, that I was not the one delaying the trial date.
 
I was thinking of hiring and attorney, but why should I waste money if
the officer is obviously not being honest and I think that I have a
pretty good case.  I?m so mad that I?m now afraid to ride on the
street and that should not be the case!

I?ve been riding for over 10 years and never received a speeding
ticket.  Now this! What is this country coming to? (no need to answer
this question, but please answer the above questions).

Thank you in advance,

HiFiGuy

Classic case of "In the wrong place at the wrong time."  I am
unfamiliar with the New York justice system, however here in
California, they give you a court date.  At that date you have the
opportunity to stand in front of the judge with the
arresting/ticketing officer and plead your case.  In your case ' not
guilty '  Then the officer makes his statement and you make yours. 
The judge decides the case.  If what you are saying is true,  I think
the judge will agree that there are more than 1 red motorcycle and you
were the scape goat.  I would not include the "month end quota" in
your statement, but do print out this and take it with you so you have
a reminder of exactly what happened that day.  It can be rather
intimidating standing in front of a judge and police officer.   Worst
comes to worse, you'll have to pay the fine and try to get traffic
school.  30MPH over the speed limit is a very hefty sentence.

Good Luck!

-Ken

Where in New York State were you?  I had a similar experience in
Upstate, just outside of Syracuse, NY.  I got caught in a Speed Trap
where the speed limit goes from 45 to 30 on a steep down-hill part of
the road.  Unless you slam on your breaks it will take a few hundred
feet to slow down to 30.  I got the same response as you did from the
officer--go to court.  I spoke with an Attorney as I had pictures and
explanation etc. as you did.  What the attorney told me turned out to
be very helpful.  The short answer is, you're not going to win because
you prove the it wasnt you or that the officer was wrong.  If you want
I can give you the detailed strategy of what the attorney told me to
do....and it worked.

Hello jpsauro, 

It was near Middletown, NY. You say that I?m not going to win if I
prove that I wasn?t there and/or the officer was wrong.  I?m trying to
understand why, but I?m a little lost. Any info that you would like to
share would be greatly appreciated. At this point, I need all the help
that I can get.  If you are a researcher and will be posting an answer
to my questions rather than just a comment, then I would also like
answer to my actual questions above. Thank you, hifiguy

Questions:
1.	What to do? Aren?t there some kind of procedures that officers are
supposed to follow? Like actually go after and pulling over a vehicle
which you say was speeding? Also, isn?t the officer that pulled me
over supposed to ask for license, registration, insurance, and
inspection? He only asked for a license and came back with a ticket
very fast.

Yes, he is supposed to ask for registration and proof of insurance as well.

2.	The officer is obviously not being honest in his deposition.  Could
I bring some kind of charges against him? Perjury?

No, the officer's statements are trusted by the court and area of
jurisdiction.  You also have no witnesses to prove the situation.

3.	On a different note, is there anything that states that I am
entitled to a public and timely trial? I know that I read something
that in CA a trial needs to take place within 30 days. Is this the
case in NY as well? If it?s been months, then what? Considering of
course, that I was not the one delaying the trial date.

Yes, you are entitled to a court date.  You need to mark on the ticket
that you want to attend a court date and return it to the appropriate
place.

The judge will do one of the following:
A) you may get the ticket wiped completely from your record,
especially if the officer doesn't show up to dispute the claim

B) the judge cuts your fine in half and you ask for a deferrel which
means that the ticket is held for a year.  if you don't get a ticket
in that year then no points go on your record.  if you do however,
both tickets go on your record.

good luck! HTH
Brian

Some jurisdictions may let you plead down to another offence with the
same fine but no points.   You probably need a lawyer, tho you could
try calling the court and asking outright about this.   This is going
to cost you a few hundred $, but avoiding the ticket, points, and
insurance increase is worth it.

Have you already agreed to a bench (judge only) trial?  If not, or
even if you have, see if you can change, and request a jury trial,
WITH a court reporter.  Here in Texas, you're allowed that choice, and
I used it to beat a bogus ticket a couple of years ago.  It'll cost
you a lot in terms of inconvenience. In my case, it meant three trips
to court, followed by three delays/continuances, since they only hear
1 jury trial per day - you keep getting pushed down the queue. 
However, it also costs the court and the officer involved a lot of
inconvenience, not to mention costs that will likely exceed the profit
from any fine(s).  My ticket was dismissed on the 4th go-round, and I
was almost disappointed, since I'd have loved seeing that officer
squirm as he explained himself to a jury.  But anyway, good luck,
stick to your guns and don't let 'em get you if you're in the right!
As we all know, officers are NOT always right and not always good or
truthful, no matter how much they pretend.

Cheers,
Byrd-ga (a fellow biker)