Fighting a speeding ticket

[captainkidd]

Anyone have experience with this?

I got my first tickets in probably 15-20 years yesterday. Officer wrote me up for doing 45 in a 30. $150. A couple of things:

1.I was not going 45. Seriously.
2.From the point which I entered the road and where he pulled me over, there are no posted speed limit signs.

What would my best defense is?

A.I have a good driving record and truly don't believe I was driving that fast.
B.There were no posted speed limit signs on the road where I was pulled over.

 

[unkadug]

Anyone have experience with this?

I got my first tickets in probably 15-20 years yesterday. Officer wrote me up for doing 45 in a 30. $150. A couple of things:

1.I was not going 45. Seriously.
2.From the point which I entered the road and where he pulled me over, there are no posted speed limit signs.

What would you my best defense is?

A.I have a good driving record and truly don't believe I was driving that fast.
B.There were no posted speed limit signs on the road where I was pulled over.

Unfortunately, ignorance of the law is no defense.

My advice would be to pay the fine and slow down. You might not of been going 45, but my guess is that you WERE speeding.

 

[captainkidd]

Unfortunately, ignorance of the law is no defense.

My advice would be to pay the fine and slow down. You might not of been going 45, but my guess is that you WERE speeding.

Paying the fine is not one of the options. I'm going to fight it. If the officer was incorrect that I was going 45 (which he was), then he may have been incorrect that I was speeding at all.

I don't believe in paying traffic fines if you're not at fault. If you just had to pay the fee, maybe I wouldn't have a problem with it. It's the insurance increases I don't like rolling over for. Of course, if I was speeding and I knew it, I'd just pay it. No way was I speeding. From where I entered the road and where I was pulled over, my truck doesn't hit 45 in such a space.

I thought about that whole "ignorance of the law" thing, but it doesn't exactly apply here. Residential areas are usually 30mph. However, this was also a business area and the street turns into a major route within a mile that has a speed limit of 55mph.

 

[unkadug]

Paying the fine is not one of the options. I'm going to fight it. If the officer was incorrect that I was going 45 (which he was), then he may have been incorrect that I was speeding at all.

I don't believe in paying traffic fines if you're not at fault. If you just had to pay the fee, maybe I wouldn't have a problem with it. It's the insurance increases I don't like rolling over for. Of course, if I was speeding and I knew it, I'd just pay it. No way was I speeding. From where I entered the road and where I was pulled over, my truck doesn't hit 45 in such a space.

I thought about that whole "ignorance of the law" thing, but it doesn't exactly apply here. Residential areas are usually 30mph. However, this was also a business area and the street turns into a major route within a mile that has a speed limit of 55mph.

If you want to fight it, then you will need to prove that your vehicle could not of hit 45 in the space between where you turned and the space that he clocked you.

I've seen that done before and it worked.

 

[captainkidd]

If you want to fight it, then you will need to prove that your vehicle could not of hit 45 in the space between where you turned and the space that he clocked you.

I've seen that done before and it worked.

I could definitely do that.

I'm just wondering if the court would respect me more if I said "Look, I've got a very clean driving record. Haven't had an incident in 15+ years. No DUI's. Nothing of the sort. I can't afford to miss a day from work, but I don't believe I was speeding."

Makes me so angry. You see people going Mach-10 down the highway, swerving in and out of lanes and they don't get pulled over.

 

[allgiggles]

My son got a speeding ticket several years ago that he decided to fight. In his case, he was arguing that there was no way the officer had a clear line of vision to see his car or to use his radar gun. He took pictures of the roadway, the area where the officer was sitting (behind a building), and drew diagrams of the scene. He did some research online regarding the (in)accuracy of radar guns. He checked in to what all of the requirements were for an officer to use a radar gun to record speed (when was the last time the gun was calibrated, distance from moving object, etc.). He had a file full of paperwork defending his side of the case. He showed up for he hearing about 15 minutes early. I went with him for moral support. When the officer walked into the waiting area, he came over to my son, looked at the file of papers on his lap, and offered a deal of a lesser charge (no moving violation and a much smaller fine). My son took the deal (we later found out that with the information he had, he would have won his case).

I have a friend who fought a speeding ticket based on the lack of speed limit signs in the area. It was a state highway that ran through a small town. There are requirements for how frequently speed limit signs must be posted. She took pictures of the area where she got her ticket and showed that they didn't have the required amount of speed limit signs and she won her case.

I say do a little research, take some pictures, and make your case. Good luck!

 

[lazyboy97o]

It depends a lot on your state and the exact laws. Here in Georgia, due to Ludowici becoming a nationally known corrupt speed trap in the mid-20th century, we have a lot of rules governing how officers are to conduct themselves in regards to speeding offenses. Unfortunately, a lot of traffic cases seem to take the position of "guilty until proven innocent."

 

[PhilharMagician]

In NY in most cases you could go in and plead not guilty and they would drop your moving violation which includes points on your license to what they love here is a "parking on pavement" violation which means the court gets their fine monies and you don't get any points on your license.


Story: I was coming home about 12 years ago from teaching a scuba dive class @ about 11:00 PM. I was driving a Ford Escort on a an Interstate (NYS Thruway I87). This car could barely do 80 downhill if you were lucky and @ 75 the engine was revving so high that you would think it was going to blow up. So I typically drive it just under 70 and the speed limit is 65. Anyway I am cruising along and a tractor trailer passes me and all of the sudden a NY State Police comes up behind me with his lights flashing. I pull over and he comes up to the window and proceeds to tell me I was doing 83 MPH. I am like office this vehicle cannot go that fast and BTW didn't you just see the tractor trailer that passed me just before you pulled me over. He gave me the ticket for the 83 MPH and I ended up getting a lawyer, but still paid a $150 fine for the "parking on pavement" ticket which I should not have had anything since the cop got me for a BS charge. It is BS how they can pull crap like this and still get away with it.

6 months later I got a legitimate speeding ticket for 56 in a 45 trying to rush because my wife had to pee and was yelling at me to go faster. This ticket I could not get reduced because the judge said I had another one reduced a few months prior. So in the end that BS ticket from the state police got me twice and it was all BS from the beginning.

 

[captainkidd]

About 20 years ago, I was dating a girl who lived in Connecticut. I lived in Mass (still do). Anyways, I was driving home at about 1:00AM. I was being extra careful to keep it at 55 because it was late. I got pulled over by the CT. state police right before the toll booth going into Mass. There were 2 cops in the cruiser. They had me get out of my car, searched it inside/out making an absolute mess of it. Finally after 30 minutes, they let me back in my car with a ticket claiming I was doing 74 in a 55. Total BS. I fought it and got it reduced.

The whole thing sucks. They don't give tickets to keep people safer. They give tickets to make the state more money. It's just not right.

 

[Minthorne]

About 20 years ago, I was dating a girl who lived in Connecticut. I lived in Mass (still do). Anyways, I was driving home at about 1:00AM. I was being extra careful to keep it at 55 because it was late. I got pulled over by the CT. state police right before the toll booth going into Mass. There were 2 cops in the cruiser. They had me get out of my car, searched it inside/out making an absolute mess of it. Finally after 30 minutes, they let me back in my car with a ticket claiming I was doing 74 in a 55. Total BS. I fought it and got it reduced.

The whole thing sucks. They don't give tickets to keep people safer. They give tickets to make the state more money. It's just not right.

Mass here too. Contest the ticket - the worse that happens is you still have to pay it. I've seen many thrown out (No me of course, I drive like a little old lady)

 

[Pioneer Hall]

If the town is like thousands of other NJ towns, you will go to court to fight it and speak with the prosecutor. This is where you say, I wasn't going this speed and have had a 20 year clean record yadda yadda. Most (but not all) will then decide they are going to lower the charge to something else which will likely require you to pay for a no points ticket. If that works for you, you meet the judge and the prosecutor explains they are lowering the charge and then you agree. Judge bangs the gavel and you write a check. If you don't agree, then the judge gets to decide for you and likely it won't be in your favor. Plan to spend money regardless of whether you get points or not. You have a ticket, and unless you can prove it wasn't you and you weren't going 45 (impossible unless you have a camera in the car that always watches your speed), then you're spending something.

 

[captainkidd]

If the town is like thousands of other NJ towns, you will go to court to fight it and speak with the prosecutor. This is where you say, I wasn't going this speed and have had a 20 year clean record yadda yadda. Most (but not all) will then decide they are going to lower the charge to something else which will likely require you to pay for a no points ticket. If that works for you, you meet the judge and the prosecutor explains they are lowering the charge and then you agree. Judge bangs the gavel and you write a check. If you don't agree, then the judge gets to decide for you and likely it won't be in your favor. Plan to spend money regardless of whether you get points or not. You have a ticket, and unless you can prove it wasn't you and you weren't going 45 (impossible unless you have a camera in the car that always watches your speed), then you're spending something.

I'm OK with that. I don't really care about the $150. Not crazy about it, but it's not the end of the world. I just don't want it on my record because I don't believe I wasn't speeding.

 

[luv]

I always plead guilty. But I am guilty.

 

[sweetpee_1993]

@PhilharMagician, if 2 vehicles are in close proximity when radar is shot its my understanding it will lock onto the larger target. That alone makes your story even worse.

My oldest son drives like a little old lady. Makes me insane. Anywhoo, he gets pulled over frequently during the day by officers asking why he isn't in school. We homeschool. So far none have taken up his offer to call or come over to speak to me.

 

[sweetpee_1993]

I always plead guilty. But I am guilty.

That's me: lead foot.

 

[lazyboy97o]

My oldest son drives like a little old lady. Makes me insane. Anywhoo, he gets pulled over frequently during the day by officers asking why he isn't in school. We homeschool. So far none have taken up his offer to call or come over to speak to me.

I was harassed not too long ago by an officer who thought I was a truant. I was not pleased.

 

[PhilharMagician]

@PhilharMagician, if 2 vehicles are in close proximity when radar is shot its my understanding it will lock onto the larger target. That alone makes your story even worse.

My oldest son drives like a little old lady. Makes me insane. Anywhoo, he gets pulled over frequently during the day by officers asking why he isn't in school. We homeschool. So far none have taken up his offer to call or come over to speak to me.

The truck that passed me by no means was it going 83. He slowly crept by me going on a slight uphill.

My radar detector did not go off so he did not hit me with radar. Unfortunately I was told I could not use that as a defense. I wholly believe he was just hammering out tickets to hit some sort of quota. It was on March 31st so I have to assume end of month or end of quarter and he needed some numbers to look good?

 

[Zman-ks]

I would give it to a lawyer and just get it amended to a non-moving violation. Easiest way to handle it.

 

[BoarderPhreak]

Talk to the ADA and plea it down to a non-moving.

 

[CtDisneyGuy33]

My advice is to contest the ticket. But, be ready to pay as unless there is clear and convicing that 1) the speed gun was off (Ask to know when it was last calibrated) or 2) the police officer did something to void the ticket.

Many times my clients don't fight the ticket rather they agree to pay the fine (your $150) to the charitable organization of the State's Atty's choice. Here, I have had fines paid to the Widow's fund for Police Officers and the Red Cross. If you are able to make this contribution, it not only avoids your insurance going up it helps add to a good cause.

Should you decide to try the case- be ready to show evidence and remember, State's atty is a state employee and so is your friendly PO, neither will attempt to show the other was in the wrong to a Pro Se (non Attorney) and especially for $150.

Try the Charitable Gift.