VA Speeding Ticket: is going to court good or bad? Any cops have an opinion please?

Question

Here's the deal: I got my first speeding ticket ever and I am debating whether or not to go to court. My reason to go is that I did not speed (50 in 35)- at least not as excessively as the officer siad I was going (40). He never told me he "clocked" me or had me on radar. My gas tank was below E for the past two days. I was PASSED by 3 cars. He didn't care. I could give a lot more details, but I want to know if it will be worth it for me to go.
1) If I pay the ticket, will it go on my record? I want a fact here, not an opinion.
2) Does the officer usually show up? Is it true if he doesn't I don't have to pay?
3) If the officer shows up, will he show a tape or something, since he didn't mention showing me on radar? How does he prove I was speeding?
4) How can I prove I wasn't speeding if I have just one other ticket on my record, for which I was guilty and therefore paid? Will they know that?
*The first to answer all my questions honestly/factually will get the 10 points.

Answer 1

Fight the ticket but take a plea bargain for a lesser offense. The officer has to prove that you were speeding by signing an affidavit and submitting the calibration records for the radar. Both the judge and the officer can cut you a break and they usually do. You don't have to pay anything more, so going to court can only help you. Your insurance WILL go up and cost you thousands of dollars.

I have been pulled over for speeding 6 times and have never gotten a "speeding ticket". The most I was going was 87 in a 65 (I had been driving 95 earlier) I have had the courts change it to
Failure to obey traffic device
faulty windshield wiper blades
generic $50 moving violation fine with zero points
faulty odometer
failure to use turn signal
improper passing

After all of these tickets, I typically only go 10 over now. My insurance is $300/year.

Fighting it can only help you, plus you will learn something new about our legal system.

Your past tickets are not allowed to be brought into consideration (criminal laws of evidence).

Remember innocent until proven guilty, and you can bring everything into question and make the officer prove everything. Radar was calibrated using 40, 60, and 80mph tuning forks
calibration site was authorized by the DOT
DOT authorized that specific model
Officer has certificate of training in radar use
Officer used radar not too close to the traffic control device.
Local ordinance establishes the traffic control device (speed limit sign).

That's a lot to do; trust me, they want to settle, get you to pay a fine, and never see you again.

Answer 2

1. If you pay the ticket it is a guilty plea and it will show on your record

2. Depends on the department, in osme departments they always show up becuase they are required. In some area if the court is on thier work day, they can't ( they have to go to court on thier day off) if they worked the night before they may not. So it just depends. *** if the officer does not show up, and you plead not guilty you can make a motion to have the case dismissed, the judge can allow it ( and often does) but he does not have to,he can continue the case if the DA asks that also.

3. No the officer will not have it on tape, the ticket should have a little box marked that says radar or pacing if not the officer will merely testify how he clocked you at that speed.
He proves you were speeding by saying you were speeding, that is all he has to do.

4. no way to prove you were not speeding, you can do alot of precourt motions for evidence, officers POST records, training and so much more to try and find something

Answer 3

Been there and done that. It wasn't for speeding, it was for running a stop sign. I actually DID stop at the sign, but then inched forward to see past a parked car to se if the way was clear. When I saw it was clear, I continued. The officer was on the other side of the parked car obstructing my view and only saw me going slow and then accelerating. I won the case and it was not reflected on my record, but I was still subject for paying the fine.

If you pay the ticket without contesting it, yes - it will go on your record.

Yes, the officer usually shows up. If he doesn't, it's a matter of how well you can argue your own case and whether the judge believes your story. If YOU wouldn't believe your story, neither will the judge.

The officer probably won't show a tape. If it was 40 in a 35, he can testify under oath that was what he clocked you at - using the speedometer of his own cruiser, if need be. He doesn't have to prove you were speeding. You have to prove he is wrong.

don't mention your other ticket, but you can bet that will come into play. The officer will already have that information and probably had it when he pulled you over. It shows a propensity for exceeding the speed limit.

The 3 cars that passed you are immaterial. He didn't catch them - he caught YOU.

Answer 4

Here's the "see spot run" answers to your questions (and I don't care about the 10 points, this is the truth).

1. If you pay the ticket it goes on your record. If you don't pay the ticket, it still goes on your record. Unless a deal is made between you or your attourney with the prosecuting attourney, then it will be on your record.

2. Almost always the officer will show up. Here in Missouri, it is mandatory that they officer shows up. He or she is relieved from duty on the date of court. His or her supervisor INSIST that they appear.

3. If the officer shows up, he doesn't have to prove anything. (Sorry if this sounds blunt, but its the truth). YOU are the one who will have to prove that the officer is wrong. If you can't do this, then all's you've done is wasted your time and embarrassed yourself. You will still have to pay the ticket, cost of court, and probably higher insurance premiums.

4. You can't prove you weren't speeding. It's going to be your word against the officers. Trust me, the court will ALWAYS side with the officer unless you can prove (which most people are not successful) that the officer was indeed wrong. Are you prepared to subject your vehicle to inspection? There are lots of things that could throw your speedometer off. Were your tires properly inflated? Are they oversized? Has your speedometer been calibrated? If you can't prove any of this...whip out the checkbook because you're gonna pay.

All in all, just pay the ticket, don't waste your time and get yourself embarrassed infront of the judge. The judge is going to side with the officer. Tickets are revenue generated. No judge is going to throw away revenue for his or her city because you're upset that you got caught doing something wrong.

My advise, get a trafflic law attourney. Get the ticket amended, pay some some ridiculously high fee, and move on. If that ticket goes on your record, you can not only expect to pay for it with the courts, your insurance company is going to be more than happy to surcharge you for it over the next 3 years.

Good luck!

Answer 5

Same thing happened to me in James City County, Virginia. I went to court and told the judge that it was my first ever speeding ticket and I didn't feel it was justified. The judge sided with the cop because he said he got me on radar. That was physically impossible since we were BOTH headed on a steep downhill slope in different directions. His radar would have hit the pavement, NOT my vehicle. To make a long story short, the judge let me off by taking an online traffic course, so I didn't get points on my license. That was great because points would have been notified to my insurance company and my rates would have gone up. I'd suggest you take it to court and plead not guilty. Tell the judge you never had a speeding ticket before and you can't afford the increased insurance premiums. It will probably work.
Good luck !!!

Answer 6

I exhibit up every time I am subpoenaed. I receives a commission through the years and like to make time and a part to sit down there and watch the circus. Charges aren't constantly disregarded whilst an officer isn't in courtroom. Only if the case is ready for trial and the officer has failed to return to courtroom. Does now not occur very most likely right here since officials that leave out courtroom face disciplinary movement.

Answer 7

IF YOU ARE NOT GUILTY THEN GO TO COURT AND IF YOU ARE FOUND GUILTY IT WILL STILL GO ON YOUR RECORD
HONESTY IS BEST. AND YES I AM A POLICEMAN