Is there a successful way to fight a speeding ticket?
2006-12-08 07:22:04 · 15 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
Yes!
The only way is to plead not guilty in court. Pay the Bail amount and hope the cop doesn't show up. That is the only way.
If the cop does show up then plead Guilty!! By the way, you cannot go to traffic school after you plead not guilty.
**Cops love the overtime going to court**
2006-12-08 07:25:11 · answer #1 · answered by Myke 2 · 1⤊ 0⤋
If it is your first ticket (Your license is clean) hire an attorney. He'll get it reduced to a non-moving violation without a problem. It is not the cheapest way, but it will work. You could appear yourself, but the deck is against you. The cop schedules all his tickets for the same day of the month, and unless he blows all of them off, he is going to show. If you go that route, you better have some legalese to spout at the judge. Things like asking for proof that the gun was in calibration, that the officer has had certification/receertification on that model, etc. A lawyer knows what all these little things are. And they have to be able to produce them. But if they can't, the judge will probably grant a continuance til a later date so prosecution can produce them. If it is just you, the prosecutor will keep this up, and it will drag on for a long time, and again the deck is against you. But the prosecutors and the defense lawyers all know each other, and rather than go through all that the prosecutors will just offer the defense attorney a deal to spare all the BS. Quick word of advice: Paying a lawyer sucks, I know, but it is worth it. It will get handled right. You should fight every ticket, because you never know when there will be one that you can't get out of. And they usually stay with you for three years, and if you have a blighted record, they are more apt to slap you with the next one. I'm a trucker, and I've had a number of tickets, and I take no chances with my license, cause I need it to make my living.
2016-05-23 07:16:31 · answer #2 · answered by ? 4 · 0⤊ 0⤋
Because I'm a prosecutor, I'm not going to give you the "golden key" on this one. However, I will give you some valuable advice.
As the other Answers have indicated, if you are serious about getting out of a speeding ticket, you need to request a trial. Obviously, if the officer does not show up for the trial, you will request dismissal of the charge. It will likely be granted unless the officer is on duty and responding to a call.
Despite what many websites tell you, most officers show up for trial. Here is where my information becomes important to you. [And for the law enforcement officers out there that are reading this, I'm not giving away secrets, if you have a good case, this will not detract from it].
Approximately 90% of those who take a speeding ticket to trial in my jurisdiction admit to speeding within the first three sentences of their testimony. That's it. Case closed. Done.
What they do not realize is that their goal and the judge's goal are two completely different things. They want to explain WHY they were speeding. The judge's job is to determine IF they were speeding. See the problem?
And I have yet to see a case where a judge justified the speed due to emergency/fiddling with the stereo/imminent bodily functions/ect... The courtroom isn't the place to make those justifications, do it on the road before the officer hands you the ticket. And please, please, don't call a prosecutor regarding a speeding ticket after it has been issued. The officer has discretion to issue the ticket; how can I fairly substitute my judgment for theirs since I was not out on the road?
2006-12-08 18:08:59 · answer #3 · answered by snowdrift 3 · 0⤊ 0⤋
Absolutely. You have nothing to lose by fighting a ticket for starters, so there's no real reason not to try.
I haven't been pulled over in 6 years, so my memory is foggy on how many I have beaten. I would guess 6-7. What I can say for sure is that I have not lost one appeal.
There are a whole lot of factors on your appeal I don't have such as what state do you live in? Your driving record, did you acknowledge to the officer you were in fact speeding? How you'll fare is open to question but definitely mail that in tomorrow with the appeal box checked off.
And best of luck to you, for the win!
2006-12-08 07:27:18 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Learns about the levels of court in your area. Often you need to request a superior court trial or a jury trial.
These are often backlog and the most fair... Since the judge is a circuit judge and NOT an employee of the city/county.
Often a traffic cop knows its quicker to spend 5 minutes running radar and issue a new ticket to a new sucker. Than it is to come to court and wasted 2-8 hours of his time. He has to right x number of tickets to make of for the lost time.
So often the cop will drop the charges so that he don't have to waste his time in court.
2006-12-08 09:38:29 · answer #5 · answered by Deletedddddd 1 · 0⤊ 0⤋
Petition to see the calibration records of the radar gun. If it's past it's calibration date you can get out of a ticket.
Petition to see the survey records of the road you were on. Surveys have to be completed on roads every so many years, if this hasn't been completed you can get out of a ticket.
Keep getting a continuance on your court date until the ticketing office does not show. You have the right to face your accuser, being the officer in this case. You win by default.
2006-12-08 07:47:07 · answer #6 · answered by Jeffrey H 2 · 1⤊ 0⤋
Yea go to the court date on the ticket and hope the cop that gave you the ticket doesnt show up LOL.
Have a Great Day!!
2006-12-08 07:24:39 · answer #7 · answered by Anonymous · 1⤊ 0⤋
just pay the thing. I once tried to fight a middle in the road ticket (I wasn't even there the time it happen, some guy wrecked his old junk car and tried to pin it on me. Typical insurance fraud and my car had no scratches/no damage and I wasn't even there. I got a receipt to prove but I hired a corrupt lawyer to tipped the other guy off and he lied in court. Well in the end I paid the fine middle of the road fine $65.00, my insurance company won't pay for his fraud trash car and the corrupt lawyer lost his license.Ya, just pay the thing!
2006-12-08 07:31:10 · answer #8 · answered by Monet 6 · 0⤊ 0⤋
my coworker got a speeding ticket and he tried to fight in the court, but there actually got a speeding radar that indicate the speed he was driving, he didn't prevail...
the result is... pay the bill
2006-12-08 08:39:38 · answer #9 · answered by yo~ 3 · 0⤊ 0⤋
yes i dont no how i did it but i did it the officer gave me a warning and i was doing 11mph over :-) just give the officer BS thats what i did "theres no speed sign oh that thats behind trees what should i get out of my car to look at it then get back in start driving again???"
2006-12-08 07:32:23 · answer #10 · answered by Anonymous · 0⤊ 0⤋