What are my chances of having a speeding ticket thrown out if I take it to court?? Can I still go to traffic school if I am found guilty? I was speeding 16 miles over the limit. The road sign said 35 mph when I last saw it, but apparently there is a small stretch of road (1/2 mile) where the speed limit goes down to 25 mph. The officer clocked me at 41 mph in this area. What do you think? Court or a waste of time?
2006-11-21 04:43:25 · 18 answers · asked by frenchy 3 in Politics & Government ➔ Law Enforcement & Police
It depends....
You don't say what state you're in. I succesfully fought a speeding ticket in California. It took a lot of time and effort and was rather confusing at times, but I prevailed.
I prevailed because the officer at trial didn't provide required documents to prove that the road upon which I was cited wasn't an illegal speed trap. That meant that the officer was "incompentent as a witness" to my speed, and that the court was "without jurisdiction" to find me guilty. (That's in the vehicle code; I didn't make it up.) Police officers need to follow the rules, too...
If you're interested in fighting your speeding ticket, look up books from Nolo Press (www.nolo.com).
I fought the ticket because I had nothing but time and nothing to lose.
Keep in mind, in some states, if you go to traffic court and are found guilty, Traffic School isn't an option.
Often, traffic school is the best option.
2006-11-21 20:42:31 · answer #1 · answered by BubbaB 4 · 0⤊ 0⤋
If you were speeding and you know it. Learn from your mistake. Pay the ticket and move on. Or, if you do go to court, go in order to plead guilty and ask permission to take a defensive driving course to dismiss the ticket. You end up spending about the same amount of money as paying the ticket, but most car insurance companies offer a 10% discount for your having taken the course.
2006-11-21 05:08:57 · answer #2 · answered by scruffycat 7 · 1⤊ 0⤋
Even if the speed limit was 35, you were going 41 and still guilty of speeding. Just pay the ticket and go on with your life. Fighting the ticket is a waste of time for everyone.
2006-11-21 04:52:37 · answer #3 · answered by Michelle 4 · 0⤊ 1⤋
court and if its a first offence or even second or third talk to the prossicuting atty. ask to reduce the ticket to an impeding traffic violation no point no moving violation but the fines about $25-50 dollars more.i have fought close to a dozen violations that way and won all but 2,if they say no, go get a layer to do the same thing, all the system wants is money.
2006-11-21 20:41:10 · answer #4 · answered by wazgold 1 · 0⤊ 0⤋
OK. First, check to see if a COURT APPEARANCE is REQUIRED.
You can find out by looking on the summons, or calling the Court.
If you feel you were unjustly ticketed, then by all means, fight it by building your case. If for instance, the speed limit sign is non-existent, obstructed, or defaced, you might be able to have the ticket waived. Go back to the scene, take photos to support your case. Stick to the facts, and the Judge will be reasonable.
Good Luck
2006-11-21 06:32:56 · answer #5 · answered by Len_NJ 3 · 1⤊ 0⤋
Go to court for the informal hearing. Generally, if you have a good driving record, many courts will reduce your infraction to a 0 points infraction and charge you $100+ dollars. Since a 0 point infraction doesn't hit you in the insurance rates, that's a worthwhile trip.
They won't throw it out - but they won't necessarily give you points. After all, they just want your money $$.
2006-11-21 04:55:57 · answer #6 · answered by Anonymous · 1⤊ 0⤋
My daugthers friend went to court and got the fine reduced but then he had to pay court cost. In the end he saved a few dollars but also had to miss time from work to go to court. Unless you aren't guilty of speeding I'd pay the fine.
2006-11-21 04:49:50 · answer #7 · answered by towson 1 · 0⤊ 0⤋
If it was posted, and you did not see it then I would have to say that you will still have to pay it. Ignorance is not a reason to fight a ticket. Save the court time, pay it and go to traffic school.
2006-11-21 04:49:17 · answer #8 · answered by Michael R 3 · 1⤊ 0⤋
I heard that you can challenge it by asking when the radar was last calibrated. Apparently the radars are supposed to be calibrated regularly to make sure they are accurate and the police departments have a maintenance schedule that they are supposed to follow but don't always do it. So you can try to get off on that technicality. But that's only what I read somewhere. I never tried to use that defense.
2006-11-21 04:53:01 · answer #9 · answered by Stimpy 7 · 0⤊ 0⤋
Sometimes, if you go to the court on the assigned day, before you appear before a judge, you can talk to the court clerk and see if they are willing to let you plead to a lesser offence. It might save you points and a hike in your insurance rate. Ask people where you live what their experiences are in this matter.
2006-11-21 04:50:22 · answer #10 · answered by Ace Librarian 7 · 0⤊ 0⤋