I got a minor traffic infraction, written as 65 in a 60 MPH zone, should I defer, fight, or just pay it?

Question

Should I just pay it, or do the mitigation or contested hearing? I was going 73 in a 60 but he wrote it up as a 65 in a 60, the fine is $81, should I defer or fight it? Also if I don't defer it, how do you think it would effect my insurance rates for a 20 year old?

Also any ideas of what to say if I do decide to do a hearing? I'm leaning towards mitigation hearing, where you admit to the infraction but want to explain the circumstances.

Also, can you do both a mitigation and a defferal?

Answer 1

Ok so heres the deal, fight it and there are seveal reasons why. First look over the ticket and make sure that all the facts are correct, Meaning your name is spelled correctly, the address is right, the make and model of your car the time the ticket was issued and if the police officer and you both have signed the ticket.. That would be the first reason to get you out of the ticket.. The police have to make sure that all i's are dotted and all t's are crossed., Litterally!

2nd- fight the ticket because if a judge see's that you were pulled over for 5mph over he or she will probably throw it out just on principal. calibration of your cars speedometer or the maching the police use could have been off. Also ask for a copy of the picture they took when you were supposedly going 5mph over. The radar the police use is supposed to save that information and you should at least see what the evidence against you is.

3rd by challenging it the police officer has to appear to testify against you. because its a simple ticket he or she may not show up, in which case the judge would have to dismiss the charges

You dont want to admit guilt because your insurance will skyrocket, and it will affect you getting insurance with other companys in the future, tickets generally stay on your record for 3 years. Plus 81 dollars is just a lot of money to spend when all you were doing was 5 over. Heck, i drive 5-8 mph over every day.

Fight it, Fight it, Fight it! im confident you will win.

Answer 2

Speeding infractions don't affect your insurance; drunk/druged driving and accidents does.

And no you can not do mitigation and defferal at the same time. Or you did it or you didn't.

As for the 65 MPH violation, well once you are over the speed limit they have no reason to throw away the ticket. It would be you (a 20 year guy) against the cop. Judges always go in favor of the cop.

More importat; to fight back a ticket you need a "valid argument" the limit is 60MPH and you were ticked at 65MPH. Where you or not over the speed limit of 60? By law they can even give you a ticket at 61MPH if they want. Of course you can lie and tell you were under 60 but you will be in a hell of trouble if the judge doesn't buy your story. And you will be even worst if the cop tells that you were doing 75 but he gave you a 65 just to make it easy for you.

Answer 3

Will be easier in the long run to just pay it and ask if you can attend driving school to get the points on your license reduced. Attending a qualified defensive driving program could easily take off 4-6 points from your license. Some programs are even internet/video based.

If you fight it, it could be brought to light that you were doing a much higher speed which would be higher points.

Unless you have a lot free time your hands during 8am-5pm, you will likley be attending many Court dates to try to get this rectified; they will give you excused like the police officer didn't show up, but is allowed one more chance as he could be busy, then the Court date scheduled for a few months later, the Court could then schedule it, but claim that they don't have time to hear the case (even though you request a Dismissal because the Cop was not in Court0 and reset it many times for a later date, which they can legally do. You could end up spending several years trying to fight it and if you, God forbid, move to another location in the meantime, will not receive the notice of the new Court date, as all Court notices go off of the original address in any traffic situations.

Yes, you can dispute a Default Judgment, but even if you send a Certified Letter to the Court and receive an signed returned receipt, as it protects your interest, it does not mean they are legally liable to send it to your current address; it only protects you in showing that you were denied due process under the law and have the right to request a new hearing. In the meantime, if you didn't appear at the Hearing and pay the fine, it is highly likely your driver's license will be suspended and you will have to go through many hoops to get in reinstated, and may have to wait until the new Court date. If you are stopped by the police in the meantime, you could be arrested and if you have an accident, your insurance may claim they are not liable because you did not have a valid license.

Answer 4

You need to be able to prove that you were actually going the speed you saying you were opposed to the speed that was written on the ticket.

At age 20 for speeding, you'll defiantly see an increase in your insurance with a higher interest rate since you're more of a "liability".

Unless you were rushing the the hospital to perform brain surgery, I don't see what court would gran leniency for some minor thing. Being late for work, school. etc. would not cut you any slack with a judge.

If I were you, unless you have good reason to fight the ticket and can prove it in court, you should just accept the consequences and pay the ticket. There really isn't much more you can do.

Answer 5

I don't know where you live but in NY speeding does affect your insurance rate. In many places cops are required to show up at court. Sh*t happens and sometimes they don't show but that's a gamble. You can call the insurance company and ask how much 5 mph over the speed limit your insurance will go up. They won't do anything to your record just for asking the question. He did do you the favor by not giving you a 73mph. Also in some places they side w/ the cop and some they side w/ driver just "because". If they're pro-cop and you fight they could do a lot worse to you then the original fine simply because you fought. Ask around see what other people's experiences have been in your area.

Answer 6

Just pay it. It shouldn't effect your insurance at all. There is a point system and getting a ticket for 5 over in a 60mph zone is 0 points. I have one ticket on my record for going 83 in a 75mph zone in New Mexico for $65 and my rates were unchanged. I pay $160/6 months and I am 23/m.

Just think of all the times you were really speeding and didn't get a ticket. It all evens itself out in the end.

Answer 7

Get and study expenses from diverse companies at - INSURERATES.documents- RE I won a minor site visitors infraction (sixty 5 in a 60 MPH zone) in WA, will my coverage flow up? Minor site visitors infraction, my first cost ticket. i'm 20. additionally, what's a defferal and how lots does it value?

Answer 8

You should probably pay it. He could have written you up for 73 resulting in a much higher fine. You will get points on your license, and this will raise your insurance. Don't waste the policeman's time in court. If he is unable to show, the ticket will not be thrown out for this reason. Laws may vary depending on the state you live.

Answer 9

well,as far as insurance goes, anything they catch wiind of will make it go up
as far as /mitigating damages, that doesnt apply to this type of case...mitigating dameges bvasicly mean,say you had an apt with someone, they moved out and left you with the lease...now mitigating dameges would be if you activly tried to get a roommate, therby makeing your damages less...
but as far as a trafic ticket goes, im sorry tyo say, the best thing you can do is to show up for court and ask the judge to lower the fees....court is happy if your behind shows up, they will work with you, usually...
now if you dont have the money to pay, ask the judge to ley you pay half now, half later, but be sure you pay it!!
another thing you can do if you have no money is ask the judge if can work ity off community service....
courts do understand that people are broke, just do NOT go in with the attitude that you won.....you are in the judges court... you must show respect and talk to them being as hoinset as possible.....good luck sweetie

Answer 10

Go to court, but plan on pleading guilty (after all the cop cut you a huge break). I think some areas require the officer to show up. If he's too busy, which is often the case, it might get tossed out.
It's worth a shot if you've got the time.