Can I fighting this speeding ticket?

Question

I recently received a ticket for what the officer said was 67 in a 55. I know for a fact that I was not traveling that fast, but it's my word against his right? The thing is, there was a fair amount of traffic on the highway, and I was following the same line of vehicles for miles. I had my cruise set at 60 so that I would not go any faster than that, but at the location where the officer was I was going around 56 or so.
When the cop pulled me over and said I was going 67, and I said that it was impossible. I asked if he was sure it was me and not the vehicles around me and he said he clocked the car in front of me at 54. Common sense says how can I be going 13 mph faster than a car that I followed for miles? I would have rear-ended that car long before I got to the officers location! Can I successfully fight this in court, basically using my recollection of the events, as well as those of my wife(she was with me at the time)?

Answer 1

You are welcome to relate those facts to the court, and see if the judge sees it your way.

HOWEVER, I can guarantee you that you will be found guilty because (a) you said you were intentionally speeding by having your cruise control set to 60 mph in a 55 zone and (b) said you were going 56 in a 55 zone when you were caught.

That said, regardless of the speed that the court finds you were going, you were exceeding the speed limit. Since you were not accused of traveling more that 14 mph over the speed limit (the original charge was for 12 mph over), there is no advantage to being found guilty of either 56 or 60 in a 55 over being found guilty of 67 in a 55 when you add in the court costs that will be charged for appearing in court.

Losing battle on this one. I'd pick your fights - this one isn't worth fighting.

Answer 2

NEVER admit guilt to a cop or the court. Do not testify.

Fight the ticket! Most likely the posted speed limit was below the statutory maximum speed limit in violation of the US MUTCD (Manual for Uniform Traffic Control Devices) that was adopted only with minor changes by every state in the country. Also enforced via Title 23 of the CFR Section 603.

I'd also call into question the accuracy of the radar unit used by the cop, testing procedures, etc. See my source for more information.

Answer 3

I once beat a speeding ticket by proving my speedometer was off. I installed over sized tires and different ring and pinion gears in my truck but didn't correct the speedometer yet.

I was cited for going 45 in a 35 mph zone. I paid the 70 dollars to get the speedometer certified and took the papers to court.

Funny thing I went though all that trouble for nothing because the cop didn't show up and the judge dismissed the case.

Answer 4

Pay the fine. Unless you actually looked at the radar (which you are aloud to ask to do btw), then it's his word that you were going that fast and the courts most always side with the officer. In order to disprove that you were going that fast you would have to prove that particular radar gun was severly out of calibration, or that he had the gun pointed at someone else (which would be almost impossible).

Also, how old is your car? How far off is your speedometer? Older cars could have about a +/- 3mph difference in there and radar guns are calibrated to +/- 2mph. That is why they dont usually pull you over for going 5 over (unless they are driving next to or behind you and can prove your speed). But since you were clocked at going 12 over, you cant argue any of that. My advice, just pay the fine and if it's in your home state, you'll get the 2 points or so.

Answer 5

Look in the phone book under attorneys. There are plenty who can still "fix a ticket". It will cost you about the same amount of money to get it fixed as to pay it but the upside to this is that it will not go on your record and your insurance company will never know about it. I have used such a service in the past and was pleased with the results.

It is very hard to fight a ticket on your own. About the only way to win is if the officer does not show up and I never wanted to take that chance. Good Luck

Answer 6

Yes. If you go to court there is a very good possibility that he cop won't even show up. And, then if there is any question as to the validity of the radar gun or laser. You need something else besides just saying you were not speeding. If there was a lot of traffice you have a better than decent shot.

Answer 7

If all you have to use is your opinion, you don't stand much chance.

But reading your question here - you are not credible - you say 1. that you set your cruise at 60mph and 2. the car in front was doing 54. Had you been cruising at 60mph and the vehicle in front done 54 - you WOULD have hit him. Therefore, you clearly weren't using your cruise control, set at 60mph.

If I was the judge on your case & you gave that testimony, I'd find you guilty & move on - end of case.

With the help of a lawyer, you might be able to cast doubt on the device used to measure your speed. But that's probably going to cost more than it saves.

Do traffic school, or pay the fine, and move on.

Answer 8

The truth does NOT matter in a corrupted legal system.
It is naive to think otherwise.
Get a lawyer and pay the money.
(You can find them in the yellow pages under "W" (for whore).
You will get out of it., sort of, you still have to pay the money but it stays off your record.
Even if you fought it yourself and won (which you cant), you have to pay court fees.

PS: Regardless, it is our duty as citizens to abide by the law.
Traffic laws are laws too. When we dont respect our laws others wont either and we become a nation of criminals. Is it a crime to be illegal? It makes it harder for the "Cops' to catch the really bad people because they waste their whole day cleaning up wrecks, which would not be happening if we really educated drivers on safety. (Compare the motorcycle license manual, to the Drivers manual, or even the CDL manual.)
We are not "entitled" to even one mile over a posted limit or a "grace" (look up the word limit), however, there would be less pressure to speed with traffic if there were two signs. Like one for "Recommend Speed 55" and "Violation Speed 60" posted on the same sign post.
No extra charge for the rant.

Answer 9

You have little to no chance of beating it. But one way that has been useful to me in the past is to request an extension of the court date when it is getting close, then the chances are lower that the cop will show up in court when you go to fight it.

Answer 10

Well you can try, and if the officer doesn't show up you win.
If he does show up, with the radar info from your ticket, well my friend, you just wasted an afternoon. The judge will always side with the officer in these matters, you are just another guy trying to talk his way out of a ticket.