It's legal. But they have to prove that you were really going 42mph. All laser/radar devices have enough variance that if they clocked you at 42, then you could have been going anywhere from 38 to 46mph.
So, you could (rightfully) argue that you MAY have been going 38, 39, or 40mph, reasonable doubt, dismissed...
2007-06-11 05:59:04
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answer #1
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answered by jgain 3
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Well, technically, you DID exceed the posted speed limit. Here in Texas they can write you for 1 mph over the speed limit.
You going over the limit was illegal, not them writing you a ticket for it.
However, if you fight it, the judge most likely would throw it out or dismiss the ticket, since it is below 10mph over the limit.
If you do go to court and the cop shows up, and you somehow do NOT get it dismissed, then you are looking at possibly higher costs as well. The fine + the court costs etc.
Maybe plead no contest, and pay the fine, and be done with it. You are not claiming you are guilty. But sometimes it is just easier, and that is what most communities bank on when writing tickets to generate revenue.
If you really want to dispute it go to court and take your chances. Most likely the cop will not show up and it will get dismissed anyway.
2007-06-11 12:59:21
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answer #2
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answered by scraven68 4
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I'm really surprised they wrote you for that. Most police radar systems are only accurate to plus or minus 2 MPH, so you have a legitimate gripe here. If you can, take it to court. Tell the judge that you're not disputing the fact that the police officer radared you doing 42 MPH, but your speedometer said you were going 40 MPH. If you have a good driving record and you are polite and respectful in court, there's a very good chance that the judge will throw it out, especially if you tell the judge that you're a law-abiding citizen and you would have driven slower if you knew you were speeding.
2007-06-11 13:09:25
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answer #3
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answered by Anonymous
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I got that exact same kind of ticket for following a line of traffic travelling 40-42 in a 25 mph zone. It's ridiculous. When they offer a smaller fine (after pleading not guilty and going to court) ask to pay to have it removed from your driving record. That way insurance won't increase your rates. Instead of paying 45 and keeping it on your record pay 150 and drive past that neighborhood at 44 to spite them all.
2007-06-11 14:15:55
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answer #4
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answered by just curious 3
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Sounds like you're not a Jersey resident :) You admit to speeding and the cop **legally** wrote the ticket. It's not worth fighting minor tickets in the New Jersey courts because you'll sit all day in the local courthouse, thus losing a day's pay. It sounds like you got nailed in one of our infamous speed traps - if you're anywhere near speeding (especially if you have out-of-state license plates), you're going to get tagged by the radar car and pulled over by the chase car.
2007-06-11 13:09:49
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answer #5
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answered by Chele 2
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dont take that for 2 over here is what you need to do and this is what ive done 4 times for my tickets. simply go to court they will secdule a court date weeks away if the cop who gave you the ticket does not show up you are off the hook and they usually do not show up but, keep a game plan just in case if he does show up ask for him to show his radar device in court so as to prove its working condition these devices are somtimes off by a few mph's. Worse case senero you pay the same ticket you already have. OUT OF 5 TICKETS I WAS ABLE TO GET OUT OF 4 USING THIS METHOD.
2007-06-12 00:19:55
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answer #6
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answered by john6611 2
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Depends on how much money your time is worth-
I would probably go to court, because I wouldn't want the admission on my record- a judge will PROBABLY dismiss it for 2mph over as long as it wasn't in a school zone or construction zone. Chances are good the officer won't show up either- maybe he'll have something more "criminal" to do.
But, if you don't have countless hours to wait at the courthouse, pay it.
2007-06-11 13:00:40
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answer #7
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answered by Anonymous
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I would try to fight it. I can't believe you got a ticket for that, so I think you're not giving all the facts. Did you mouth off to the cop?
2007-06-11 12:58:29
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answer #8
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answered by whobeme021 4
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yes it is legal. No, it is not worth fighting in court, unless you have a lot of points already and are going to lose your license over it.
2007-06-11 13:23:01
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answer #9
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answered by Anonymous
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That's really petty...but yeah..it's a legal ticket.
I'd just pay it. Its not worth taking a day off work to fight it.
2007-06-11 13:01:17
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answer #10
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answered by James Dean 5
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