Is this a dissmissable reason for a speeding ticket?
#1
Thread Starter
Former Moderator
Is this a dissmissable reason for a speeding ticket?
Recently I was stopped for speeding and the officer told me he clocked me at 89 in a 65. I later noticed the ticket he wrote was for 90 mph. I believe this is a problem because I think 24 mph over and 25 mph over have an honest difference. Am I just being ridiculous? I live in California by the way. I am doing ticket assassin and am wondering in my written decleration if I should make a big deal about this or just casually mention it?
#2
im not a lawyer, but im not sure 1 mph is gonna make a diff to the judge. you're well over the speed limit as it is. You could try, but i don't think it'll sway opinion to your side.
#4
Former Moderator
You wouldn't have to admit to speeding, just point out that the verbal information and the written ticket were in conflict. It may be only 1mph, but I would think that it could invalidate the ticket on that technicality...
#5
You need proof that you weren't speeding. I was only doing 80 instead of 90 will get you absolutely nowhere, in fact you're more than likely to get in trouble for it. A friend of my dads got a ticket for 90 on the freeway. He pulled up his GPS record for the stretch of highway he was on and found an average of 70-some mph. He showed it to the judge and got slapped down with the maximum fine (for 90, not for his true speed)
#6
Former Moderator
As I see it, the defense is "I wasn't speeding." It is up to the state to prove that you were. The state's evidence is the officer and the ticket. The officer said 89. The ticket says 90. This is conflicting evidence and calls into question the validity of the charge.
Trending Topics
#8
Registered User
Joined: May 2003
Posts: 1,526
Likes: 0
Received 0 Likes
on
0 Posts
From: South Carolina
Reality check from someone who prosecuted lots of speeding tickets---nope. It wouldn't have gotten you out of the ticket in the district I was in. Although the judges might have appreciated the effort.
If you had an attorney in court for you, I probably would have dropped it down to improper equipment or offer a PJC which means no points on your license and no insurance increase. Which is to say, depending on whether these options are available out there, it might help to get a local lawyer.
Good luck!
If you had an attorney in court for you, I probably would have dropped it down to improper equipment or offer a PJC which means no points on your license and no insurance increase. Which is to say, depending on whether these options are available out there, it might help to get a local lawyer.
Good luck!
#9
Similar thing happened to me, and I consulted a lawyer.
Basically I was clocked going 80 in a 65, when in reality I had my cruise control set on 75. It was at night and they had to have clocked the guy behind be because the officer said i was wizzing around some cars.
He told me to pay the ticket.
Basically I was clocked going 80 in a 65, when in reality I had my cruise control set on 75. It was at night and they had to have clocked the guy behind be because the officer said i was wizzing around some cars.
He told me to pay the ticket.