Is this grounds for dismissal of a speeding ticket?

[Wolfsraider]

you could get the speedometer checked to see if its right

but unless it's off by at least 15mph you'd still be found guilty of speeding

my .02

you can argue it wasn't the correct speed and "might" get a reduced fine

 

[79Blazer]

Dude, you are a moron. Just pay the friggin ticket.

 

[Hubris]

Originally posted by: CrazyDe1

Originally posted by: mugsywwiii

Originally posted by: CrazyDe1
Keep to the topic people...this isn't an ethics debate, it's a question. When fighting a ticket do you have to prove that you weren't going the speed in question or do you have to prove that you weren't committing the offense at all?

Seriously though, the car does not go 95.

You will be asked at some point how fast you were going. What do you plan on saying? It's possible that the answer to your question could differ from state to state, but I can tell you from my person experience sitting in the courtroom at the City of Gas City City Hall that in Indiana, it doesn't matter if you weren't going the exact speed on the ticket, if you admit to speeding at all you will be found guilty.

In court, all you would need to say was "I am accused of going 95 in a vehicle that will only do 90 at maximum speed, via a engine block. Therefore, this allegation is invalid." You don't even need to bring up how fast you were going - that's not the issue.

my $0.02

They get to ask you questions...

If they ask me how fast I was going can't I just plead the 5th?

You're really young, aren't you?

Just shut the hell up and pay the damn ticket. You sped, now you've got to pay for it. Quibbling over details that would still incriminate you is retarded.

 

[conjur]

Originally posted by: Soybomb
Fwiw, arguing that you were going 85 is still arguing tha you're guilty of speeding. Something to ponder. Might want a lawyer if you really need to keep it off your record.

Exactly!

And plead the 5th!?! WTF? LMAO!!!!

 

[ericb]

Ignore these idiots who keep saying pay the ticket and forget it. I personally would have no problem paying the ticket and walking away if that was the end of it...but it's not. Not only do you possibly face traffic school (which you deserve for speeding that fast no matter the time/place) but years and years of insurance increases which you don't deserve. It's not a pay and forget it...it's pay and pay and pay and pay. Maybe when you get out of the house kiddies and mommy doesn't pay your insurance anymore you'll realize that.

Anyway I would get a lawyer...unless the policeman doesn't show up you have a slim to none chance of beating this ticket. A lawyer will run $250-350 including the fine (around here), get it reduced to a non-moving no points violation or dropped and you don't have to even show up.

 

[Bulk Beef]

If they ask me how fast I was going can't I just plead the 5th?

You watch too much Law & Order.

 

You can always be convicted of 'lesser and included' offenses. If you can prove that you weren't going 95 mph, the judge WILL ask you how fast you WERE going. If you lie, it's perjury. If you tell the truth, they'll just lower your fine. It's your choice, but I wouldn't want to have perjury on my conscience for the rest of my life.

 

[StageLeft]

Man, you live in a house worth more than 200k but your car won't top 90? Ouch

 

[TofBnT]

Pay the fine or get a lawyer, no one ever wins these things.

 

[Ness]

Originally posted by: CrazyDe1
If they ask me how fast I was going can't I just plead the 5th?

First off, no, you can't plead the 5th. The 5th is mostly reserved for witnesses in cases and if it's information that will incrimated them and launch an investigation or hurt them at trial. When you are the defendant and you plead the 5th, you get held in contempt of court and the trial will last until you answer the question or until you can present a %100 valid reason you can't (at least that's my understanding of it.) The downfall to you using the 5th here is that it can really only be used in criminal court. In traffic court you are guilty until proven innocent, and if you don't want to talk then they just take the officer's word for it, because there is no one opposing it. If the officer REALLY had balls, after you plead the 5th he would say that you were actually doing 100 MPH. You weren't gonna oppose what he said, right? You chose to keep quiet.


All in all, shut the hell up and pay your ticket. You were speeding and that is that, learn your lesson you dumbass.

 

[StageLeft]

I think I just realized crazyde is dicking around for fun.

 

[Demon-Xanth]

Talk to the prosecuting attourny (DA), explain that you were only doing 85 and are willing to plead guilty to that. They'll most likely buy that deal.

 

[XtreemeChaos]

Or talk to the DA and see if you can work out a plea bargain. For instance, agree to plead guilty to a lesser non moving violation and take traffic school. You will still have to pay a fine, but won't be as much and no points on your license.

 

[Argo]

WTF is wrong with everybody??? Down on 684 and 84 a lot of people drive 80, with 85 being no that uncommon. It's not like he was doing 185. Seriously if you don't have anything positive to say, don't say anything at all.


To answer your question - I'd fight it. Firstly, it's a 10mph difference, which can bare a big difference in fine and points. Secondly, if the guys radar can be off by 10mph, it can be off by 15 or 20, so you have a good shot at getting the ticket dismissed. Thirdly, you were only 10mph over the speed limit (provided what you said is true) and that hardly warrants a ticket, especially at that time of the day. Although, in my experience, that's the time when most tickets are written, so be more careful in the future.

 

[Regs]

Originally posted by: XtreemeChaos
Or talk to the DA and see if you can work out a plea bargain. For instance, agree to plead guilty to a lesser non moving violation and take traffic school. You will still have to pay a fine, but won't be as much and no points on your license.

nm.hah.

To early to read.

And what state allows a 75 mph speed limit? Arizona?

 

[Wuffsunie]

One question no one has asked yet: Do you have some document dated prior to your ticket listing the fact that it has a governer and that it should not be physically possible for the car to pass 90?

 

[Demon-Xanth]

Many states in the west have 75MPH speed limits. California, Nevada, and Arizona all do.

 

[RU482]

Originally posted by: ericb
Ignore these idiots who keep saying pay the ticket and forget it. I personally would have no problem paying the ticket and walking away if that was the end of it...but it's not. Not only do you possibly face traffic school (which you deserve for speeding that fast no matter the time/place) but years and years of insurance increases which you don't deserve. It's not a pay and forget it...it's pay and pay and pay and pay. Maybe when you get out of the house kiddies and mommy doesn't pay your insurance anymore you'll realize that.

Anyway I would get a lawyer...unless the policeman doesn't show up you have a slim to none chance of beating this ticket. A lawyer will run $250-350 including the fine (around here), get it reduced to a non-moving no points violation or dropped and you don't have to even show up.

why the hell doesn't he deserve to have his insurance increase. He was obviously 1) driving way over the speed limit and 2) doing so in a car that must not be safe at that high of a speed. That's like saying someone who gets a DUI doesn't deserve to get nailed with higher insurance premiums.

 

[Regs]

It's funny redly, I would likely get the same increase in insurance with a speeding ticket going 5 mph over than what he would get going 20 over.