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Q: Fighting a Violation Of Basic Speed ticket ( No Answer,   6 Comments )
Question  
Subject: Fighting a Violation Of Basic Speed ticket
Category: Miscellaneous
Asked by: mikedonlin-ga
List Price: $2.00
Posted: 31 Mar 2006 20:07 PST
Expires: 30 Apr 2006 21:07 PDT
Question ID: 714243
Today I was driving in a 25mph zone. I dont know how fast i was going,
i have no idea if i was speeding or not.

A cop pulled me over, and gave me a "Violation of Basic Speed" ticket.
He said he did not have me clocked, but he could tell i was speeding.

Will someone with actual information on this subject answer? Like
someone with knowledge in law.
Is this legitimate? I dont know if he is right or wrong, cuase i dont
know if i was speeding, but can he really give me this ticket (2
points and $105 fine, not to mention the insurance)? Would i have a
good chance of fighting it in court?
Answer  
There is no answer at this time.

Comments  
Subject: Re: Fighting a Violation Of Basic Speed ticket
From: manyvan2000-ga on 01 Apr 2006 00:06 PST
 
Normally, you have upto 30 days to either contest or to pay the fine.
Wait for 15 days, call the court, and tell them that you got a ticket,
but lost it. Play honest and tell them that you want to pay the fine,
but since you lost the ticket, you want to know the amount that you
have to pay. They will ask for the ticket number, you say you lost it.
Then, they will ask for you driving license number. Tell them your
license number. Most probably, they will say that there is no case
filed against you. If they say so, thank them and be at peace. If they
specify the amount, you know you are in trouble. Better to pay the
fine. If this is the first time you are getting a ticket, they will
have an option for you to take up a driving course, which costs
somewhere around $25 -$40. At least, you wont get points for this and
your insurance will not boost up.

You say, he did not clock it. If it was true, there is no way he can
proove that you were overspeeding. You can contest the case and you
are sure to win it. Though my advice would be to wait for 15 days as I
said. If your case is filed, and you are sure that the cop didnt clock
it, get a lawyer and contest the case.
Subject: Re: Fighting a Violation Of Basic Speed ticket
From: thanhvn-ga on 01 Apr 2006 00:50 PST
 
I have no experience in contesting a traffic violation in court but I
have experience hiring a lawyer. They cost around $75/hour on average.
You do the math and determine for yourself whether a lawyer will be
worth it.
Subject: Re: Fighting a Violation Of Basic Speed ticket
From: politicalguru-ga on 01 Apr 2006 01:45 PST
 
"you can contest the case and you are sure to win it" 

Not so sure. In many cases, if it is "your word against the police's"
- the court would prefer the cop's.
Subject: Re: Fighting a Violation Of Basic Speed ticket
From: edejl-ga on 01 Apr 2006 14:20 PST
 
How do you not know your speed? I can see thow you might not know the
exact speed but if you don't know your approx speed I bet you're
speeding all the time!
Subject: Re: Fighting a Violation Of Basic Speed ticket
From: lxn271-ga on 02 Apr 2006 16:36 PDT
 
In this state, police officers are required to pass tests in which
they observe cars traveling at various speeds and must make an
approximation of that vehicle's speed within 2 mph.  (the actual
speeds of the vehicles are confirmed with the use of laser).  I can't
remember if it was 10 in a row of correct estimations, or a total of
10 correct estimations within a limited number of tries.  It takes
practice, but can be done.  Passing the test validates speed
enforcement without the use of a device.  In other words, I could
issue an infraction for a general speed-related violation like
"traveling too fast for conditions".
If you want to fight the ticket, I suggest showing up to court and
being truthful.  Most tickets are thrown out just by showing up to
contest them.
Subject: Re: Fighting a Violation Of Basic Speed ticket
From: smartasawhip-ga on 05 Apr 2006 13:24 PDT
 
Simply contest the ticket, plead not guilty.  Since it is a speeding
ticket you will likely be able to do this through the mail.  You will
then be given a court date, show up, meet with the prosecutor and
explain your side.  They will almost always at least lower it
(especially if you have a fairly clean record), if your a really good
talker you might be able to get it thrown out.

Rule of thumb is never admit you were speeding and never pay a ticket
without contesting it first.

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