Last friday, it was 5pm and rush hour. I decided to go a different way to the mall than I usually go to to avoid heavy traffic. Well, when I came to an intersection where the speed limit was 40mph I stopped at a red light. When the light turned green, I continued down the road accelerating from 0-45mph. As soon as I came to 45mph, a cop pulled out of the first cove out of neighborhood. Turned his lights on and said "I clocked you going 45 in a 30" I said "I'm sorry officer, this is only my second time down this stretch of road" There was 30mph posted speed limit but I didn't even reach the sign yet. He grabbed my license went back to the car and wrote me a ticket for going 35mph in a 30mph. He said "here's the number on the back of the ticket if you want to pay it or if you go to court..they will probably throw it out" I haven't had a speeding ticket in five years. does the "probably throw it out" mean that he's not likely to show up to court? I haven't ever been to court to challenge a speeding ticket before. any advise, tips on what to do? TIA
Beating a speeding ticket
- Thread starter Cutehumor
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Go to court. If possible delay the trial as long as possible and the officer probably will not show up.
Definitely go to court. You might try talking to the prosecutor before trial & cut a deal.
A speeding ticket is one of those things that you are rarely proven guilty. It's usually a matter of your word vs. the officer. IMO that's not proof. Ah, our great justice (uhmm... legal) system!
A speeding ticket is one of those things that you are rarely proven guilty. It's usually a matter of your word vs. the officer. IMO that's not proof. Ah, our great justice (uhmm... legal) system!
If you get pulled over and know that you are getting a speeding ticket..........ask to see the reading. In some states, police are required to be able to show it to you. Sometimes police will erase the reading before they give you a ticket. Next off.......radar guns have to be recalibrated every year to be considered accurate in court. You can allways get lucky and find one that hasn't been maintained.
I would take it to court. From your description, it appears that you were going app 40-45 BEFORE the 30 mph sign,i.e., he gave you a citation for going 35 in a 30 zone??, but realistically you can say you were coming to compliance(making a good faith effort), once you saw the 30 mph sign. For example it is well documented that my VW Jetta TDI speedometer has up to a 3% error. You are not under any obligation to go 30 mpg BEFORE the sign, and in your case you did not have precognition did you? Otherwise, why would you need a sign?
I hope I am not being vague.
So at the worst, the decision to give you a ticket for 35 in a 30 mph zone is ill timed, not taking into account the distant it can take to slow down to compliance. Now if he gave you a 45 mph ticket for the 40 mph zone... well....he didn't did he?
[ January 03, 2005, 05:52 PM: Message edited by: ruking77 ]
I hope I am not being vague.
So at the worst, the decision to give you a ticket for 35 in a 30 mph zone is ill timed, not taking into account the distant it can take to slow down to compliance. Now if he gave you a 45 mph ticket for the 40 mph zone... well....he didn't did he?
[ January 03, 2005, 05:52 PM: Message edited by: ruking77 ]
Yeah, take it to kangaroo court and beg those thugs for mercy. I'm sure that they will be more than delighted to keep your insurance rates down. It's not like their salary or career progression depends on speeding tickets. NOT!
What a corrupt government we have. Am I the only one here who hates the government?
What a corrupt government we have. Am I the only one here who hates the government?
Well for sure the good news and the bad news is the officers have wide discretionary powers!
Trying to figure out why speeding (violating posted speed sighs). And the system where you can appeal, get a lawyer, question the calibration, strike a deal with the prosecutor, or ask for mercy. Denotes a corrupt government. Thbere are lots of countries. (probably all) where you don't get this luxury.
Anyway-I would just swallow my medicine (Which I did in the exact situation 2 years ago)-but that's just me. Probably makes sense to go to court-can't hurt. And really in your case there is a legitimate reason for appealing. Good luck.
My few experiences in Michigan have been this: the "court" is really a magistrate that handles lesser "crimes". You have nothing to lose by trying.
In most instances, you meet first with the officer or a prosecutor of some sort to plead your case (reduce case load for the magistrate).
In all of my cases (3), the "pre-court" interview always ended up in a plea bargain. The charge is lessened, you pay the fine, but it never goes on your driving record (points, insurance,etc.). A win-win situation, kind of.
I guess I'm a weasel for not taking it to the magistrate, but I'm told that it is rare to win on traffic violations, unless you have a really legitimate case.
It's scary that the justice system at this level can plea bargain a speeding ticket to faulty equipment(true story)- a complete lie. Just imagine what happens in the BIG cases. It's disgusting, and I'm a hypocrite for playing along with it.
In most instances, you meet first with the officer or a prosecutor of some sort to plead your case (reduce case load for the magistrate).
In all of my cases (3), the "pre-court" interview always ended up in a plea bargain. The charge is lessened, you pay the fine, but it never goes on your driving record (points, insurance,etc.). A win-win situation, kind of.
I guess I'm a weasel for not taking it to the magistrate, but I'm told that it is rare to win on traffic violations, unless you have a really legitimate case.
It's scary that the justice system at this level can plea bargain a speeding ticket to faulty equipment(true story)- a complete lie. Just imagine what happens in the BIG cases. It's disgusting, and I'm a hypocrite for playing along with it.
Go to court. It will help to know that in most states some officers are certified, but not necessarily required to be, on radar equipment. If the officer shows up for trial, ask him if he is "certified" to use radar. A "no" answer is in your favor. Also ask him if "shooting" radar at an angle to your car is as accurate as "head on" "shooting". The answer is "no", the reading will actually be a slightly lower reading at an angle. He may not know that. These two things might help you beat that ticket, if the judge thinks that the officer was in error or inexperienced.
One other thing. If found guilty, post an appeal bond, and go to county court, or whatever is the "next" court of appeal. Those cases are usually delayed for a long time, and the officer may not be available to testify. In a large town some cases are never tried due to the backlog. If so, you will save your driving record.
This top secret lawyer trick has worked many times. Find out the radar detector brand used by the police. Check the outer package carefully of the product to see if it carries a warranty of merchantability disclaimer. If it does, let the judge know that the manufacturer of the radar gun does not warranty the product will perform for its intended purpose
Thanks for the tips guys! I've had a few days to think about it and it's definitely a speed trap especially since I was not familiar with the area. it's 40 mph zone, as soon as you cross the light, it drops to 30 mph speed zone when the road runs through the backside of a neighborhood. My court date is on 2/2. I'll have to pay for parking downtown and probably court cost. I'm hoping to get traffic school or something lesser if possible. btw, I looked up my speeding ticket fine $24.
If you go to court, bring documentation. Have a street diagram, distances, mark the location of sign, time of infraction (could you see the 30mph sign with headlights?). Whatever applies. Make sure when you get you chance to talk you say it all. Typically you do not get a second chance to add anything (the judge will have 20 other cases - he's got to keep it moving).
Also be prepared when they plea bargain out in the lobby - usually to pay the fine but no points against you license. Will you accept those terms? (My son took the fine/no points. He got a book out of the library on how to beat a traffic ticket and was ready though.)
Also be prepared when they plea bargain out in the lobby - usually to pay the fine but no points against you license. Will you accept those terms? (My son took the fine/no points. He got a book out of the library on how to beat a traffic ticket and was ready though.)
If things happened exactly as you reported, you got a ticket for going 35 mph in a 40 mph zone.
If you can establish that in court, it's a no brainer, the ticket will get tossed.
Go to court with a diagram of where you were stopped and the sign that set the speed 40 mph limit and the location of the 30 mph speed limit. Don't mention the 45 mph, you aren't being charged with that, so don't bring it up.
Be prepared to have to cop say you were speeding past the 30 mph sign, they do things like that a lot in court.
Something to consider is the possibity that your state or city has a speed limit based on the type of area you are in. For instance, some towns are 25mph in residential areas, posted or not.
If you can establish that in court, it's a no brainer, the ticket will get tossed.
Go to court with a diagram of where you were stopped and the sign that set the speed 40 mph limit and the location of the 30 mph speed limit. Don't mention the 45 mph, you aren't being charged with that, so don't bring it up.
Be prepared to have to cop say you were speeding past the 30 mph sign, they do things like that a lot in court.
Something to consider is the possibity that your state or city has a speed limit based on the type of area you are in. For instance, some towns are 25mph in residential areas, posted or not.
The important thing is too keep it off your record so you don't get hosed by your insurance company.
MolaKule
Staff member
When my son was younger he went to work on a Honda 50 cc Moped. An officer stopped him and claimed he was going 50 in a 30 mph zone.
I did some calculations and discovered that he would have had to have a 350 Hp engine to accelerate from point A to B by the officer's own statement.
The Honda's engine maybe put out 6 Hp on a good day and speedometer only went to 45 mph.
I met with the City Attny and showed him my data and the officer's claims and asked him if he wanted to go to court in front of a judge and argue the scientific data. He declined by throwing the case out.
I did some calculations and discovered that he would have had to have a 350 Hp engine to accelerate from point A to B by the officer's own statement.
The Honda's engine maybe put out 6 Hp on a good day and speedometer only went to 45 mph.
I met with the City Attny and showed him my data and the officer's claims and asked him if he wanted to go to court in front of a judge and argue the scientific data. He declined by throwing the case out.
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