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Q: Speeding Ticket. ( No Answer,   10 Comments )
Question  
Subject: Speeding Ticket.
Category: Relationships and Society > Law
Asked by: willstein-ga
List Price: $3.50
Posted: 29 Sep 2003 14:33 PDT
Expires: 29 Oct 2003 13:33 PST
Question ID: 261322
Dear Researcher,

I am a very poor student who got a speeding ticket today.

I was going 73 in a 55 m.p.h. zone. This 55 m.p.h. zone happened to be
one of those four lane highways that everybody travels at least 70 on.
I happened to be in the far left lane going 73, and I was chosen for
the ticket. It could have been the guy next to me, or next to him. It
was one of those incidents. I believe this incident to be known as
"Speed Defense".
I do not speed, and am known by my peers as being a very safe driver.

The fine is for $70. If I felt guilty for the crime, I would payup,
but this doesnt seem fair to me at all.

What would be the best way to release myself from this debt?

I do not, and definitily cannot afford to have my insurance rates
rise. And surely can't get any points on my record.

I have already done a little research I have found things like:
http://www.emoneyguru.com/speedingticket.htm#fighting%20plea%20bargaining%20or%20paying%20the%20fine
or:
http://moneycentral.msn.com/articles/insure/basics/10281.asp

Request for Question Clarification by mvguy-ga on 30 Sep 2003 06:54 PDT
In which state were you speeding? (I mean state like Wisconsin or
Oregon, not your mental or physical state.)

Clarification of Question by willstein-ga on 01 Oct 2003 16:41 PDT
I live in the state of Maryland.

Thank you everybody, your help is much appreciated. And in regards to
ac67's comment, the average speed on that highway is approx. 80 m.p.h.
No exaggeration.

Today I went back to the highway and actually drove 55. Car's were
honking, and passing me at surprising speeds.
Answer  
There is no answer at this time.

Comments  
Subject: Re: Speeding Ticket.
From: samrolken-ga on 29 Sep 2003 15:47 PDT
 
I would argue in court that to travel 55 mph would have been dangerous
as everyone else was going faster.
Subject: Re: Speeding Ticket.
From: tutuzdad-ga on 29 Sep 2003 20:23 PDT
 
...and you would be swiftly convicted.

It is no defense in a court of law to claim that you were merely
acting in concert with others who were also committing a crime. If
this were the case everyone who has ever been convicted of war-crimes,
genocide, gang-rape, looting and rioting would be pardoned and have
their convictions expunged.

regards;
tutuzdad-ga
Subject: Re: Speeding Ticket.
From: ac67-ga on 29 Sep 2003 20:48 PDT
 
How can you say "I do not speed,"  when your second sentence is "I was
going 73 in a 55 mph zone"?
Subject: Re: Speeding Ticket.
From: mvguy-ga on 29 Sep 2003 21:13 PDT
 
The best way to release yourself from the debt is to pay it.  And you
could also count your blessings that you're paying only a $70 fine for
going 18 miles over the speed limit. Where I live the fine would be
significantly more.

You might also check with your insurance company to see how much
difference a fine would make. If this is the first ticket on your
record, its effect on your rates may be negligible.
Subject: Re: Speeding Ticket.
From: stressedmum-ga on 29 Sep 2003 21:15 PDT
 
It's hard to cop a fine when you believe there are mitigating
circumstances -- and I have yet to meet anyone who receives a speeding
ticket and believes they deserve it! ;) However, if you're not flush
with funds, why don't you access a legal aid service, even a telephone
advice line, and see if you have any options available to you.

I don't know what part of the world you're in but most places have
community legal aid services available. The last thing you should do
is try to defend yourself in court. My beloved once did that -- many
years ago he was being fined for not lodging a tax return and we felt
that the fact our baby son had died a few months earlier was a fair
excuse for being a tad neglectful of this matter, combined with the
fact that we'd earned practically nothing, literally; we hadn't worked
in months and we were barely surviving in grinding poverty.

Well, our "day in court" saw all the barristers who were acting for
absent, rich, tax non-lodgement defendants plead guilty and receive
the standard fine of $60 for their clients. My beloved stood up and
gave a very dignified, quiet but articulate explanation of our
situation. And in his wisdom, the judge imposed a fine of $100!

Lesson: Real life in court is nothing like "Judging Amy" or "LA Law"
and so it's important to get proper legal advice appropriate to your
judicial district because if the judge believes you're wasting the
court's time, they can up the ante and you could be in a worse
situation than when you started.
Subject: Re: Speeding Ticket.
From: googlenut-ga on 29 Sep 2003 21:50 PDT
 
Hello willstein-ga,

I don’t know if it is available in other states or countries, but
where I live in California, in some instances you can go to traffic
school.  This removes the violation from your record.  It will still
cost you however.

California Courts Self-Help Center
http://www.courtinfo.ca.gov/selfhelp/traffic/common.htm#trafficschool

Googlenut
Subject: Re: Speeding Ticket.
From: xargon-ga on 29 Sep 2003 23:20 PDT
 
In some counties you may get a break on the ticket just by showing up
at court.  They probably won't remove the ticket, but they may reduce
the fee.
Subject: Re: Speeding Ticket.
From: mvguy-ga on 01 Oct 2003 18:52 PDT
 
The reason I asked you which state you were speeding in was because
some states have prima facie speed limits, which means that you have
the right to argue in a court that you were driving at a reasonable
and safe speed even if you were above the limit. However, Maryland is
not one of those states. (Rhode Island, Texas and Utah are such
states, and a few other states have a limited form of prima facie
limits.)

Your best bet probably is to go to court and ask for a reduction in
the fine or the traffic-school alternative. I don't know if either of
those are options in Maryland, however.
Subject: Re: Speeding Ticket.
From: amf22-ga on 08 Oct 2003 10:39 PDT
 
As for community legal services, that's probably a non-starter, as
they will most likely only get involved if you are facing jail time.

Although this doesn't constitute legal advice (see the disclaimer), I
have seen several people at traffic court in Rockville, MD, go in on
their court date, plead guilty, and then talk down their fine on the
grounds that they are safe drivers, have no previous tickets, they are
sorry, and cannot afford the increase in insurance (specifically I've
seen a few "cut the fine in half and no points" type arrangements). 
It depends on the judge.  Act respectfully.  You will get NO sympathy
if you plead not guilty, and then say "everyone else was doing it," or
try and beat the cop on cross (good luck). Besides, if you go in,
maybe the cop won't show or he won't have all the data with him, and
the charges will be dropped before you even have to enter a plea.
Subject: Re: Speeding Ticket.
From: soulsister979-ga on 29 Jun 2004 19:56 PDT
 
After 14 points and 2 suspensions in Maryland (I am very thankful
points expire after 2 years) I learned a very valuable lesson--stop
speeding (especially on I97...just a guess).  Although, at that speed
I would assume your fine would be $135. That second article seems to
be the most honest source.

Most legal aid services will not represent you for criminal offenses,
and public defenders are only available to those facing incarceration.

If you indeed don't speed very often, then this incident is your first
offense--from my experience in Maryland's courts, judges often give
probation before judgement plus a (usually smaller) fine and costs the
first time.  Plead not guilty, explain to the judge you are a
reasonably prudent driver and let your record speak for itself--don't
be afraid to ask for probation at sentencing.

Dress appropriately and don't be argumentative.  Don't use the actions
of others as your defense.  Accept resonsibility for your actions and
demonstrate that you have learned the law applies regardless of what
everyone else is doing.  SHOW RESPECT FOR THE LAW AND THE COURT.

A fine can be paid (over time with the courts permission), but points
will cost a lot more in the long run.

The only real defense I have heard of involves mens rea--mental
culpability. MY crude understanding is that it is basically a denfense
of ignornace (ignorance of the crime, not ignorance of the law).  The
state must prove 1) that you were exceeding the posted limit 2) You
acted with intent to exceed the limit and 3) You knew you were
exceeding the posted limit.  It seems that the only real reason would
be speedometer malfunction...but this is what lawyers are for.

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