i recently got a speeding ticket for going 42 in a 30 while going down a hill. the conditions were fine and there were no school zone postings. i am planning on going to court to see if i can get it removed so do i have a good chance of winning? oh, and my court date is during the day onn finals week, is there a way i can change that date?
2007-01-25 17:01:31 · 14 answers · asked by kevin n 2 in Politics & Government ➔ Law Enforcement & Police
If you sped, then you are guilty. It doesn't matter what you think a safe speed is. You don't get to decide how fast is safe. Are you serious when you think a judge is going to throw out your ticket because you thought it was safe? Everyone that speeds thinks their speed is safe. Pay the ticket and quit whining about it. Speed and get a ticket. Drive the speed limit, and don't get a ticket.
2007-01-25 17:14:16 · answer #1 · answered by Cali Cop 3 · 3⤊ 3⤋
Speed limit is exactly that. It isn't a suggestion...it's the limit. You were going over 1/3 faster than the posted limit, and if they got you on radar, you are hosed. Changing the court date isn't a big deal. Contact the clerk of the court and ask for a deferred date and explain why. You may also want to check your state to see if they offer drivers ed on a 1st offense to keep it off of your insurance. You still have to pay the fine and the cost of the school, but that may save you hundreds of dollars in the long run. Good luck.
2007-01-26 01:35:47 · answer #2 · answered by chuck_junior 7 · 1⤊ 0⤋
Depends on the State you are in.
Most courts will not allow you to change the hearing date for your Preliminary Hearing (Where you plead Guilty or Not).
In regard to the speed....it depends on whether or not the signs in the area read "Speed Limit" or "Maximum Speed".
Maximum Speed being the highest speed you can travel on that road, no matter what the conditions.
Speed Limit is more often than not a survey conducted measuring the number of vehicles traversing a certain stretch of highway and the average speeds of those vehicles....( I think we've all seen the two black hoses across the roadway linked to a little grey box on the sidewalk......That's a speed survey machine).
Once a survey has been conducted and is on file with the local courts....It is enforceable.
The survey will state the speed limit on the roadway...and then the "highest average speed". If your vehicle was traveling above that "highest average speed"...you're doomed.
Go to the traffic court clerk...and ask for a copy of the speed survey for that stretch of road. If the speed the officer wrote you for is above that max...you've got very little chance of "beating" the ticket.
The court will often offer you a lower fine and the opportunity to go to Traffic School (which will prevent the citation from appearing on your driving record)...in exchange for a guilty plea or admission of fault.
Good luck......
Cbowersox
2007-01-26 01:16:49 · answer #3 · answered by cbowersox 1 · 0⤊ 1⤋
If the cop got you on radar, it will probably not be removed. The fine may be reduced depending on your driving record, but not removed completely. 12MPH over the speed limit is quite a bit, even if the conditions were okay. Throw yourself at the mercy of the court. If it is your first ticket, explain to the judge that you are very sorry and that you promise to be more careful in the future.
As for changing your court date, contact the court and ask them if you can have a continuance because of finals week. They may be able to postpone it until the following week.
2007-01-26 01:08:37 · answer #4 · answered by mrjayride 2 · 0⤊ 1⤋
Go to the place where court is and ask if you can set a new court date. Your best bet is to take thedrivers ed if offered. In Texas and some other states you can do a differed adjudication. Like a probation but clean driving record when done. Your best bet is to pay the fine if none of these options fit. You admited that you were speeding.
2007-01-26 01:09:48 · answer #5 · answered by Roll_Tide! 5 · 0⤊ 2⤋
I don't know if you can win, the local government above all wants your money. However, I would definitely fight the ticket and give any reasonable explanation and you could possibly keep from getting points on your license, which would keep you insurance down. If you have a good driving record it wouldn't be a bad idea to mention that to the judge. Guilty with an ecplanation is always the best answer.
2007-01-26 01:13:33 · answer #6 · answered by matt82682 2 · 0⤊ 2⤋
Even downhill, 12MPH over the limit is still a lot. You do know your car has brakes to slow you down in situations like going down a hill.
You broke the law, be a man and take the punishment.
2007-01-26 01:47:33 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Going downhill will not be an exeptable excuse for the courts. The best you can hope for is to pay the court costs. This will be as much as the ticket, but will not go on your driving record.
2007-01-26 01:13:09 · answer #8 · answered by The Maestro 4 · 0⤊ 1⤋
Try calling the county attorney in the county where the ticket was issued and ask for the charge to be reduced. Sometimes they will work with you and reduce the charge to a non-moving violation, as long as you agree to pay the fine on the original charge.
2007-01-26 01:07:20 · answer #9 · answered by kc_warpaint 5 · 0⤊ 1⤋
Just pay the ticket an do the speed limit. They post those signs for a reason.
2007-01-26 01:28:30 · answer #10 · answered by vicky o 3 · 2⤊ 1⤋