Going to court for first time... what to say in defense of Violating the Speed Limit?

Question

I was just pulled over for going 7 MPH over the speed limit. The officer issued me a citation for Violating the Speed Limit.

While I understand that "legally" I broke the law by speeding, I do not feel the officer used any discretion. I was on my way to church and conducted myself very respectfully throughout the traffic stop.

Financially I cannot afford to pay the $120 civil penalty which is why I am going to court.

I have never been to court (let alone pulled over before). What should I say in my defense? Please just give me some insight as I do not know what to expect. I know I was wrong so how do I defend myself?

Answer 1

Dennis G nailed it. IF you have no priors within last 3 years, plead guilty and ask for a "deferred sentence." Be respectful to the Judge and don't criticize the cop. Also, the whole thing could get dropped if the cop misses court and that happens a lot. A "deferred sentence" means that if you do not get in trouble for 90-120 days (that's up to the judge), it's as though it never happened. It doesn't get reported to your state's department of motor vehicles and does not show up on your record. Even if you have priors, ask for a "deferred sentence." It's in the judge's discretion and 7 miles over is minor.

Answer 2

You are SOL. Violating the speed limit allows for NO excuses or justifications. It is a strict liability offense. Just because you were going to church does not give you an excuse. The only way you could get out of it is to prove that the officer either got your speed wrong, or got the speed LIMIT wrong..... You CAN ask for a payment plan on the $120. You should start asking NOW, before your court date. Also, you might wish to try putting aside $30 a week..... in 4 weeks it would be paid.

Answer 3

First, speeding is not a strict liability. there are exceptions for necessity, etc. (If someone is chasing you with a gun, you can legally speed to avoid the danger, e.g.). However, your reason for speeding, while not an sufficient reason in the eyes of the law, may mitigate what is already a minor infraction, especially if the judge goes to church and/or is religious. A lot of states allow people to plead nolo contendere (meaning you will not contest the charges, usually in exchange for a lighter sentence). Talk to the solicitor who is overseeing the case. And, throw yourself on the mercy of the court. If they don't dismiss the charges, at least inform the judge of the financial hardship the fine would place you in and ask if he will issue alternative sentencing, such as community service. If he won't at least ask for a deferred sentence, which you buy you time to pay the ticket. Good luck. And don't fret, this is very very minor.

Answer 4

some states have a driver education clause where you can take a defensive driving class and the ticket is removed from record and the last one I took I took over the internet..it was an 6 hour class.
BTW by the time you add in the original fine plus court cost you may be indebted farther then just to take a plea. Also defensive driving is not cheap either usualy a 25 to 35 fee for class and about 70 for papaerwork by the city that issued ticket.

Answer 5

ok, you screwed up. That has been talked about. yet . . . . certain, there's a robust thanks to cutting-edge your protection. The regulation is about justice AND mercy. The "trouble-free % regulation" is continually do not flow too quick for protection less than the situations. in case you've been utilising thoroughly even although over the revealed reduce you pick to inform that to the decide. It would not change the actual incontrovertible truth that you violated the regulation, even though it would want to provide the decide reason to mood justice with mercy and decrease the superb, which he can do, or droop it. once you've not got any earlier tickets, element that out also. The decide is fearful about the protection of the community, so he will seem at your record and imagine about no matter if you pick to be "taught a lesson" to get you to decelerate. and everyone else is ideal, too. do not enable it happen again.

Answer 6

Whatever you do, DO NOT SAY your speedometer was off. They can hit you with a defective equipment fine of up to $500!

Just admit that you did it, apologize and ask that since this is your first offense (especially if you've been driving for a few years) if the court would be willing to waive the points and maybe all or part of the fine. You should be able to get away with only paying court costs.

Answer 7

there really is no defense if you were going that fast. if you go to court then you will also have to pay court costs if you dont win your argument. paying the fine is usually the cheaper and easiest way to resolve the issue unless you can prove the ticket was improperly issued.

Answer 8

Your honor I humbly admit that I broke the law and throw myself on the mercy of the court.

Answer 9

talk to the DA and see if they will let you enter a prior for judgement usually that just says you are guilty and a lot of time you just get off with court costs, if not that then see if you can get a mechanic to say they speedometer was off by at least five miles or even seven and that it has been taken care of that would get you off as well

Answer 10

The officer doesn't have to use discretion. You stand in front of the judge and he asks if you are guilty or innocent of the charges and you tell him which. If you want to fight it you say innocent and he goes ok and sets up a jury date. It's fast and easy! You'll be fine.