Fighting a speeding ticket
- Thread starter danielyp29
- Start date
got ticketed coming back to Ames in that mile stretch where the speed limit drops to 55 for supposedly going 70; got pulled over after speed limit went back up to 65 and was going at speed limit at that point. figured the court costs were already included in the ticket so I'd show up and see what happens. It was around 11pm, clear roads, not a lot of traffic.
First thing you need to do is hire a lawyer. Get him on the phone asap. If you don't have one, I can recommend one.
According to the FMCSA Section 393.82, a cars speedometer must only be accurate to +/- 8 km/hr (5 mph). Therefore, you could argue that your speedometer was showing you at an appropriate speed. If the FMCSA regulates that the speedometer can be as much as 5 mph off, how can a state trooper write you a ticket for anything less than 5 mph over the speed limit?
Always fight ******** traffic tickets. I think I am like 9-1 fighting such minor tickets. Here is what to do:
1. Right after the ticket (as soon as you can obviously) document all conditions, and location of officer and your car. Note traffic conditions, weather, etc., all in detailed fashion. This may or may not be critical to your case.
2. Plan to go to court, and defend yourself. In Oregon you have to go to the court to give your plea, then they schedule your actual court date. You have plenty of time to prepare, most likely (schedule time off work, etc).
3. Go to the local law library and read up on the statue you are in violation of. Make sure you understand it, and that it applies to your situation. Often times the statue is incorrect, or illegible. If its correct, make copies of the statute and study them closely. It may give you some idea on how to dispute the infraction.
4. On your court day, prepare all your evidence, including your notes and paperwork from the ticket. Shave, haircut, dress up (suit and tie), with briefcase. Wait your turn, and if the cop does not show...you win. If they are there, they will likely present their evidence first. This will be a routine thing for them, probably directly off a pocket notebook, brief and to the point. Once they are done, its your turn to present your case to the judge.
5. Be courteous, and thank the judge and the officer. Obviously the police have bigger problems to solve, mention that, and thank them for keeping the community safe etc. Present your case, calmly, and with courtesy. Concentrate on the idea that there may have been a mistake. Do not admit guilt at any time, and make a point that a mistake could have been made/or an error in terms of either the cops equipment or judgement. If you were courteous during the ticket, make a point of that.
Oh yeah, look up the "pay no fine" pdf that is out on the web....that has more ideas yet, albeit its possibly a bit outdated.
If you lose, so be it. If you win....buy a Valentine 1 radar detector and call it a day!
1. Right after the ticket (as soon as you can obviously) document all conditions, and location of officer and your car. Note traffic conditions, weather, etc., all in detailed fashion. This may or may not be critical to your case.
2. Plan to go to court, and defend yourself. In Oregon you have to go to the court to give your plea, then they schedule your actual court date. You have plenty of time to prepare, most likely (schedule time off work, etc).
3. Go to the local law library and read up on the statue you are in violation of. Make sure you understand it, and that it applies to your situation. Often times the statue is incorrect, or illegible. If its correct, make copies of the statute and study them closely. It may give you some idea on how to dispute the infraction.
4. On your court day, prepare all your evidence, including your notes and paperwork from the ticket. Shave, haircut, dress up (suit and tie), with briefcase. Wait your turn, and if the cop does not show...you win. If they are there, they will likely present their evidence first. This will be a routine thing for them, probably directly off a pocket notebook, brief and to the point. Once they are done, its your turn to present your case to the judge.
5. Be courteous, and thank the judge and the officer. Obviously the police have bigger problems to solve, mention that, and thank them for keeping the community safe etc. Present your case, calmly, and with courtesy. Concentrate on the idea that there may have been a mistake. Do not admit guilt at any time, and make a point that a mistake could have been made/or an error in terms of either the cops equipment or judgement. If you were courteous during the ticket, make a point of that.
Oh yeah, look up the "pay no fine" pdf that is out on the web....that has more ideas yet, albeit its possibly a bit outdated.
If you lose, so be it. If you win....buy a Valentine 1 radar detector and call it a day!
Thats exactly why they give these out like candy. The possibility for insurance hikes, etc, is a bigger $$ issue often though. Guess who lobbies and spends millions for more stringent traffic laws? Insurance companies...
Laws created for the purposes of safety can be considered unjust when used for the purposes of revenue. I would assert that it's un-American to passively comply.
I will admit that breaking the law and then going to court to get out of it is about as American a thing as I can think of.
Now I'll p*** somebody off. Nevada cop pulled me over and I was doing 15 over. Was courteous, no real talk, looked forward and handed over license/reg. Got a warning. (This was back in 2005)
I've been pulled over 7 times and only received one speending ticket. I guess you could say I hold the secret.
I've been pulled over 7 times and only received one speending ticket. I guess you could say I hold the secret.