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Can I fight this speeding ticket?
gmaster213
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Bring in your witness, it cannot hurt your case to have someone agreeing with you. Also, find data about your car's capabilities through a reliable source (manufacturer's manual, etc.) if you intend to use its capabilities as a defense. Worst case scenario, you still have to pay the ticket.
He probably caught you going 45 in a 30 and bumped it up to 50.5 then rounded for the sake of a ticket.
Officer testimony is evidence, so don't say that.
Bowen is right. Points are involved. Talk to a lawyer in your area that specializes in traffic stuff. It'll cost more upfront, but save you huge in the long run.
He could write you a ticket for going 31 in a 30. Don't really see the difference here.
Dunno, depends on the jurisdiction. Here in Massachusetts most lawyers hate doing traffic tickets. The trick though is simply to show up, since traffic tickets are managed by a magistrate (though you can ask to go before a judge) they'll often just knock off part of the penalty just for showing up. Of course it still will go on your record though.
What jurisdiction are you in anyway?
The reason you get a local lawyer that specializes in traffic tickets is they are likely to have a working relationship with the dude that has judicial discretion.
There really isn't.
I was just arguing away how he could never reach those speeds in that short of time with 4 cyls. Some states immediately throw out tickets like 31 in a 30 because they're silly.
And there's no guarantee that the penalty will be removed.
If not, it will be hard to argue that you weren't speeding.
As far as the validity of his radar, as long as he signs something saying the gun has been calibrated properly, they aren't really going to discount his testimony. Maybe take video of driving on that road, if you can show how it's not possible to get to that speed? i don't know how admissible that is.
It all depends on how much your time is worth. If you have to take a day off to roll the dice, you may very well be better served paying the ticket and getting on with your life. On the other hand, if you're a college student, your time probably aint worth dick and the long term cost of the insurance increase can be burdensome like whoa.
If you do not have a diversion option (if you select that, you would be sacrificing the court option), do go to the court. In all of the jurisdictions I've ever lived if the cop doesn't show up for the court date then the ticket is voided for lack of evidence. In many departments, especially urban ones, that is usually understood as a cost of doing business and not worth the expense as most cops get either OT or at least extra pay for court time. It certainly cannot hurt you.
I'm not a lawyer, this isnt legal advice.
Many departments, by policy, do not use lock features. Theres no reason to. If you enter my radar at 51, and I lock it, it may not display you going 52, 53, 54, etc. This varies depending on radar model and how it displays of course.
As far as the no evidence thing, again, no. If i'm a cop and I see your friend punch you in the face, I can arrest him. Even if you don't have marks, I can testify that I witnessed it. Thats what the officer is doing in court. He witnessed your driving and measured your speed by a device hes trained on.
So whats going on that causes this disagreement? At the basic level, there are 4 possibilities.
1) You were speeding and didn't realize it
2) You know you were speeding and are intentionally lying
3) The officer thought you were speeding and is honestly mistaken
4) The officer knows you weren't speeding and is intentionally lying
2 and 4 fairly unlikely. You'd have no reason to lie to us, and most people plainly dont speed intentionally. In most states the law enforcement agencies dont get any cut of the tickets they right, and gain literally nothing for writing them, its just their job. Even if there was a gain for doing it, theres about 3,000 traffic/vehicle violations, not alot of need to make it up. Writing tickets are like shooting fish in a barrel.
This brings us to 1 and 3. I have a bias here. I've worked law enforcement for years, and have written thousands of tickets. I, and every other officer I know, have let go tons of drivers that we were 99% sure were the one speeding/violating, because 99% isnt 100%. Its not worth it. If i'm ever caught lying, or am proven by some other means that i goofed up like that, it can mean my career, literally. An officer caught lying on the stand can have that previous dishonesty used against him in court, his testimony is invalid, he cant do his job.
Traffic judges spend all day hearing about how its everyone elses fault but the defendant, how its impossible, the cops out to get him, the cops incompetent, etc. Most judges appreciate it when someone says, "I didnt think I was going that fast, I didnt even think my car could go that fast, heres a copy of my driving record, I'd like to go to driving school if I can to help keep this off my record. I apologize."
You generally want to dress nice, be polite and professional, and take responsibility. You admitted you weren't looking at your speedometer, I doubt your friend was either. Some states accept speedometer calibrations as an acceptable defense. If you get your speedometer tested and it reads 45 when you're going 50, thats a pretty big deal.
Talk to your insurance, see how much points will hurt you, see how much an attorney is. It may be worth it, it may not. Depends on state and insurance company.
The following is how I handle them.
I have never paid a dime in legal fees.
I also only have 2 points on my NY drivers licence for 6 tickets over the last 2 years.
( I should probably have more )
Two of the speeding tickets I was given, were pushed down to traffic violations,
and 4 were dismissed.
What worked for me was writing the district attorney, or their assistant about the incident in a typed letter,
explaining that I was a broke eagle scout college student in the army, with good moral values, and asking for radar calibrations.
Surprisingly the cops not tuning their radars often enough got me completely off the hook twice.
Like CangoFett said, showing up is half the battle.
How you dress is dependent on the image you want to provide.
You either want to look like a homeless man with no money, or somebody that takes this seriously.
Showing up like you would to class in bejeweled jeans and a star wars t-shirt is a big no no.
If it gets to it, and a set court date takes place, (at least for here) the cop has to be present or the charges are also dropped.
Which they may or may not even show up for. (this also happened to me once)
EDIT: And in case your wondering, the other dismissed ticket was thanks to having connections with the judge.
Had a lapsed inspection by a few days. My ticket was $40.
Court fees? $200.
In Kansas the court fees are included in your speeding ticket...so it is pointless NOT to go to court if you want to fight the ticket.
Similar to most everyone else in the thread, consider getting a lawyer. The cost of a lawyer will likely end up costing you less than the increase in your insurance premiums if that ticket gets put on your record.
Second, if the lawyer is experienced in traffic tickets, they are probably not going to actually get the judge/magistrate to throw out the ticket. What they are more likely to do is chat up the city/county prosecutor who is in charge of prosecuting the tickets and get a plea deal to change the speeding ticket (which is a moving violation) to a charge that is not a moving violation such as expired license tabs (which doesn't raise insurance rates). But there is going to be a price, and any prosecutor worth their salt will make you 1) agree to a higher fine than you're paying now, and 2) agree to some sort of defensive driving course.
While it will suck to pay a higher fine, as well as pay the lawyer, you'll still save hundreds, if not thousands of dollars on your insurance as a result.
Get a lawyer.