The difference between 40 and 60 mph is pretty significant. You can rest assured that the trooper used some sort of certified speed measuring device, was certified to use it and had followed the procedures for using that device to help determine your speed. In NC, the speed measuring device is not used as the sole method of determining a vehicle's speed The officer is actually trained to make a visual estimation of your speed first, and then use the speed measuring device as a verification method. They have to prove their proficiency of visual estimation in their basic certification course and each time that they re-certify. Apparently the trooper believed that he saw you exceeding the speed limit, and his radar gave him the exact speed.
In NC, 60 in a 35 requires a mandatory court appearance. My suggestions would be to: get an attorney and/or ask for a reduction in the charge...your prior clean driving record will help in this. You might even get off with a PJC (Prayer for Judgement Continued). It's tough to challenge a radar clock in NC...you have to question the trooper's certifications, radar..etc ( NCSHP's are always up-to-date). And also remember that he is the one trained and equipped to detect a vehicle's speed...not you.
If you feel strongly about this, then plead not guilty and respectfully state your case in front of the judge. Remember: this citation was not falsely written: the trooper believed what he saw. If you have a clean record I feel sure you can get a reduction, but you have to ask for it. Good luck with your case.
2007-03-09 23:38:05
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answer #1
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answered by Hootiesplace 3
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I don't know the laws in your state, and your chances are very slim but you should/can try to fight it. Don't bother with an attorney, it's a waste of money. Plead not guilty, you'll appear before the judge. With any luck, if the trooper does not appear ( maybe it will be his day off and he doesn't want to go ) then you win by default. Otherwise, all you can do is ask him ( the trooper ) direct questions. "How do you know for sure that I was going 60mph?" if he says a radar gun, ask him for proof of when it was last calibrated. I don't know N.C. law but in Calif they have to have that thing calibrated every two years. If it hasn't been calibrated within that time frame , you can claim it might be inaccurate, the judge should throw it out.
Your last hope is to plead your good record to the judge. Perhaps he will let you attend traffic school or will lessen the fine.
My last bit of advice: Under no circumstances should you be disrespectful to the judge or the state trooper, even if they are rude, DO NOT be rude in return! Don't forget that judge has power over you and can cite you for contempt of court and put your butt in jail for a few days. ( that actually happened to a friend, so take heed!)
Good luck!
2007-03-09 13:35:35
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answer #2
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answered by Anonymous
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Hire a lawyer. Present your proof (not your word against the cop's) to the judge. Get out of the ticket. Obviously, very tough, as you don't have hard proof.
Or you could pay double the speeding ticket plus court costs and get no points and no increase in your insurance premiums. (basically, plea down the ticket to faulty equipment or something). Most states have this or a very similar provision. Check with your local DMV, courthouse, or violations bureau.
Double sounds high, but is lots, lots cheaper than a lawyer or the increase in insurance that you'll enjoy for the next 7 years. By increase, think along the lines of an additional $100-200 per month.
Best of luck.
2007-03-09 13:21:54
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answer #3
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answered by SA16 4
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1.present your case (as stated above) in a manner becoming of a up standing citizen.2. kindly ask the judge if perhaps there could be a problem with the particular device used to calculate your speed.( most devices need to be re-calibrated at some point) 3. readily admit to speeding ( 5mph over only) and willingness to accept judgment on such. be sure to bring your driving record(dmv issued)and even character witness. ask around, see if it's happened to anyone else. 4.(most importantly) if you feel you were not treated fairly RESPECTFULLY ask the judge what your options are.AGE DISCRIMINATION IS ILLEGAL. sometimes it's cheaper to pay the fine then to drag it through the courts though. good luck.
2007-03-09 13:29:40
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answer #4
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answered by racingirl14 3
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you're "at a loss for words" in view which you're torn between good and incorrect. You broke the regulation and have been given caught. do no longer enhance your foolishness by ability of attempting to lie approximately it. Judges have an inclination to wonderful you the optimal quantity once you insult their intelligence by ability of attempting to weasel your way out of a value tag with some stupid tale. Judges are not stupid. i be attentive to. I used to paintings for one in San Diego. i be attentive to Santee okay. those law enforcement officials won't permit you slide in this one. so sorry.
2016-12-14 15:11:59
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answer #5
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answered by fennessey 4
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if a mechanic gives you a receipt for a repair of the speedometer the judge will probably reduce it to 45 mph so it wont go to the insurance co or add points to dmv.. lawnmowers and high voltage power lines also can cause a faulty radar reading...and they are suppose to be reset before each use.
2007-03-09 14:34:16
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answer #6
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answered by Anonymous
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i dont know how it work in north c but in my state you should have an chance to contest it in court take a chance and go to court the copper might not even show up they set the court dates on there day off u might get lucky good luck
2007-03-09 13:34:17
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answer #7
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answered by FROSTY DA GREATFUL 1 2
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You can't correct the ticket ( since to the officer who wrote the ticket it is correct)
You can challenge the facts in court, but yep, theywill beleive the police officer.
2007-03-09 13:36:09
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answer #8
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answered by Anonymous
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Plead not guilty and state your case to the judge.
2007-03-09 13:11:47
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answer #9
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answered by Sgt 524 5
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