I was driving in a pack of cars going with the flow of traffic and I saw flashing lights behind me, the woman in the car next to me refused to let me pull to the right. However police car was stopping me. He ticketed me for going 56 in a 35. The area does have several speed zones and this particular one goes from a 55 to a 35 I had just entered the 35 when I was clocked. What bothers me though is that out of all the cars I was the only one in the group to be targeted and was not by any means in the front or the rear of this group I was however the only one who had out of state license plates. Upon reading their rules of the road book today I found out that had he said I was going 55 I would have still had to go to court but would have been fined and gotten to retain my driving privliges. However since he said I was going one mile an hour over 55 I will lose my driving priviliges for 3 months. Should and how do i fight this?
2006-06-30 05:42:05 · 11 answers · asked by raynelley 3 in Politics & Government ➔ Law & Ethics
Also can North Carolina leggally suspend my Illinois drivers License?
2006-06-30 05:44:11 · update #1
Former Police Officer/Current Attorney...
I'll answer the second question first. Yes, one state can ask another state to suspend your drivers license. Most states (there a FEW exceptions) have a reciprocal agreement to enforce each others tickets. So, if you fail to pay the ticket your license could be suspended/revoked.
You really have no defense when it comes to the "I was following the pack" argument. Officers can usually only stop one car at a time-you were that one car. Now, he may have seen that you were from out of state. Usually, people from out of state just pay the ticket. They don't want to come back for court. From the facts that you gave I really see no VALID defense that you could make.
The only thing you MIGHT have luck at is contesting the ticket, and showing up for the court date. I would call his department and find out if he is working the day of trial. If he is working then chances are he'll show up for trial. If he is not working then there is a GOOD chance he may not show up for court. Some officers would rather spend their day off with family-not court. If he doesn't show up then ask that the ticket be dismissed. Explain to the Judge that you had to drive a LONG distance to be there, and that you had to miss work/school for it. The Judge may then dismiss it.
And, don't listen to some of these other brilliant responses...the Judge will always take the officers word over yours. In the end, no matter what, you'll probably be found guilty...unless the officer fails to show up! Good luck!
2006-06-30 06:15:08 · answer #1 · answered by Whitey 3 · 8⤊ 4⤋
Go to court, have you had your speedometer calibrate recently. Did you know you know you were doing 56? Did you odometer say maybe 50, and were you slowing down? If you were over the speed limit for the 55 zone, but can show that it was a problem with the car it may help.
How far into the 35 area were you when you got pulled over. Was someone tailgating, if you stepped on your brakes to slow down because of a tailgater, could it have caused an accident.
There is the chance that the cop won't show up in court and it will be dropped. If you have a clean record, they will probably reduce the ticket.
Good Luck!
2006-06-30 05:50:17 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Ouch, well you know you shouldnt be speeding but what's done is done. Usually the judge looks at your previous records/tickets and makes a decision based on them. When someone's record is clear the judge will put you on supervision and make you pay the fine. This means that if you get another ticket within 6 months you will come back to court and you will get tougher fines etc. In your case since you do have prior tickets he may be a little harder. You can also consider getting a lawyer to come with you and you may get off easy. The only downside is that they're expensive :( p.s you can also plead not guilty and if the cop is not there to say otherwise or defend himself...your case will be thrown out.
2016-03-26 23:04:50 · answer #3 · answered by Jean 4 · 0⤊ 0⤋
I don't mean to be rude, but I didn't even bother reading your story, much like the judge doesn't care about it either. Speeding tickets are impossible to get out of. If you go to court and the officer doesn't show up, then you get out of it. Short of that, there's nothing doin'. And they schedule all of that officer's court dates on the same day, so the judge and officer have to sit through twenty or so people, all saying the same thing, and they really don't care.
Everyone speeds; they know everyone speeds; you just got caught-- that's it. Only an extraordinary set of circumstances can save you.
Going to court will cost you court fees plus the ticket, and the judge may order you to go to traffic school (where it is an option if you do not go to court). You could go in paying triple what you're gonna pay if you just let it go.
It sucks, I'm sorry, and good luck.
2006-06-30 05:49:29 · answer #4 · answered by ishotvoltron 5 · 0⤊ 0⤋
You have to go to court and fight it in front of the judge. Chances are the cop will not show up, so the judge will go by what you say in your defense...mostly. You will still have to waste the time to do it and pay court costs.
1.you can always throw yourself on the mercy of the judge...it does work. Say your sorry and he may let you go.
2.You can try 'they did not have enough change of speed signs and or they were blocked. This works sometimes.
3.You could also try for 'you were in the gray area between speed zones'
One state can't take away your driving privileges in another...technicly...but they will likely tell the other state about it and they will simply do so also(they stick together).
2006-06-30 05:50:25 · answer #5 · answered by null_the_living_darkness 7 · 0⤊ 0⤋
Are you hot, if so that could explain it. I would rather talk to a hot chick than a fat trucker. Look at it as a compliment. If you go to court 9 times out of 10 the cop won't show up and the judge will let you off for the ticket.
2006-06-30 05:45:27 · answer #6 · answered by Phil My Crack In 4 · 0⤊ 0⤋
You can show up to court on the day indicated. Often times you can negotiate a break with the Court appointented representative. You could still have to pay a fine, but it might be called 'court costs' and wouldn't lose any points.
However, this depends upon your record, and the county/state.
2006-06-30 05:47:39 · answer #7 · answered by RDHamm 4 · 0⤊ 0⤋
You are caught. Just because you were the one, that's the way life is. Yes, going 21 miles over the speed limit is usually classified as reckless driving and can cause the revocation of your driving priveledges. You can try to fight it, but you are on the losing end of it. You would have to have some real good proof as to not doing that to get out of it.
2006-06-30 05:46:20 · answer #8 · answered by Anonymous · 0⤊ 0⤋
go to the court house before the court date - you can get the police officer's records - licenses for all the equipment that he can use. (i think it is call the Miranda papers)[spelled?] they allow you to get the records - the court officials will know what papers you will need to fill out to get the records, if he is not licensed for use of the radar you get off scott free.
2006-06-30 05:49:18 · answer #9 · answered by . 3 · 0⤊ 0⤋
Hire a good attorney who specializes in traffic violations.
2006-06-30 05:46:18 · answer #10 · answered by bacpkr 1 · 0⤊ 1⤋