HELP!? Speeding Ticket on Interstate!

[MacGaven]

I travel throughout the year to check up on my parents and occassionally I have an appointment with a specialist where I used to live.

I live in Denver, CO and I was traveling to Albuquerque, NM , a trip that is over 400 miles and that I have succesfully traveled roundtrip over 15 times.

I have never received a ticket for speeding and have only received two parking tickets while I have been driving. I have only been pulled over in Colorado two times for my rear turn light being burned out and I have never been pulled over in any other state.

I was 4 miles outside of Las Vegas, NM when I started to pass a 18-wheeler commercial truck and I moved from the right to the left lane and as soon as I pulled ahead of the truck I saw in my mirror two sets of bright lights. I then pulled to the right lane after making sure I was sufficiently ahead of the truck and still noticed the bright lights from the truck and a second vehicle in the left lane that had been following me.

The second vehicle then placed on their police lights and I was pulled over to the right hand side of the interstate. The officer asked me if I knew that I was going 89-93 MPH in a 75 MPH zone and I said "no sir" and he asked for my liscense and registration and I quickly give to him becuase I had it out. He then asked me for my insurance card (when I was asked for this information before the registration was fine because it shows proof of insurance) and so I had to look through my files I had with me while he impatiently went to his patrol car.

He was really anxious to charge me with something and said that if I didn't have the insurance card he was going to charge me and he make sure to charge me because I was in"big trouble." When he came back after calling dispatch about my insurance information he said it was valid and I showed him the current insurance card with date but he didn't seem interested anymore. I told him I was going to contest the charges (I know that I always go 80-85MPH and the last that I saw I was going at 85MPH to pass the truck) and he said I have thirty days to go to local magistrate and then gave me the ticket to sign.

I asked him for his ID, business card (Colorado State Trooper always have business cards), and name but he said he could only show me his badge and he seemed annoyed by telling me his name. I asked if he was a NM State Trooper becuase he never said who he was or what kind of police officer he was he also seemed annoyed by this.

After reading the ticket I saw that I was being accused of traveling 88MPH in the 75MPH and that it was "verified by radar" and not the speed he indicated when he first spoke to me. I signed the ticket to appear in local magistrate and then handed back everything to him. He then said I broke his pen or something and I didn't know what he was talking about and I said "if that's all I'll be on my way."

What are my chances of contesting this ticket? I have traveled this interstate many times and the average speed is 80-85MPH and I was keeping the pace of the other drivers around me (the speed of the truck) when I decided to pass on the left hand side. I don't want my record tarnished when I know I wasn't "speeding" or driving outside of the normal range for this interstate.

 

[kranky]

I'm puzzled how it matters that (1) you've never been stopped before; or (2) it's the "normal" speed for the Interstate.

 

[hdeck]

What are my chances of contesting this ticket? I have traveled this interstate many times and the average speed is 80-85MPH and I was keeping the pace of the other drivers around me (the speed of the truck) when I decided to pass on the left hand side. I don't want my record tarnished when I know I wasn't "speeding" or driving outside of the normal range for this interstate.

don't say that in court.

 

[jlee]

Originally posted by: kranky
I'm puzzled how it matters that (1) you've never been stopped before; or (2) it's the "normal" speed for the Interstate.

It's called keeping up with traffic, I guess....80-90mph in a 70 is routine here on I75.

 

[MacGaven]

Originally posted by: kranky
I'm puzzled how it matters that (1) you've never been stopped before; or (2) it's the "normal" speed for the Interstate.

I believe that I am a good driver.

I also have never been stopped when driving during the day or at night through this interstate and consistently keeping the pace of the cars around me which is 80-85MPH. This particular case I was about four and half hours into my journey to Albuquerque,NM and it was 10:48 PM at night.

The posted speed limit is 75MPH but I was taught that this is the minimum and you are to keep pace with the cars around you. 80-85 MPH seems very reasonable to me.

I also felt as thought the officer was put off by my age, 25, and that's why he seemed so eager to catch me on something and then annoyed by my questions.

 

[notfred]

You're going to drive to a different state to challenge a ticket that says you were going 88 by claiming that you were only going 85 to get out of what is likely a $30 ticket?

 

[jlee]

Originally posted by: Tyler
You're going to drive to a different state to challenge a ticket that says you were going 88 by claiming that you were only going 85 to get out of what is likely a $30 ticket?

Where is 10 over only $30? It's ~$90 here, I think..not positive, though.

 

[Viper GTS]

Originally posted by: MacGaven
(I know that I always go 80-85MPH and the last that I saw I was going at 85MPH to pass the truck) ...I don't want my record tarnished when I know I wasn't "speeding"...

The condensed version.

You can fight it (you always can), but I'd say you deserved the ticket.

Viper GTS

 

[MacGaven]

Originally posted by: Tyler
You're going to drive to a different state to challenge a ticket that says you were going 88 by claiming that you were only going 85 to get out of what is likely a $30 ticket?

Yes.

My parents live in New Mexico and I can contest my ticket the next I go to visit them. Of course I will have to leave very early and plan for my stop in Las Vegas, NM.

Officer said the ticket was for $67 if I plead guilty but I'm not sure how this would affect my insurance. I am also not paying for a ticket when I was not causing harm to other and traveling at a reasonable speed consistent with traffic.

 

[MacGaven]

Originally posted by: hdeck

What are my chances of contesting this ticket? I have traveled this interstate many times and the average speed is 80-85MPH and I was keeping the pace of the other drivers around me (the speed of the truck) when I decided to pass on the left hand side. I don't want my record tarnished when I know I wasn't "speeding" or driving outside of the normal range for this interstate.

don't say that in court.

Why is that? I know that I will point out that I have experience driving through this interstate for very long trips and have never had any problems.

 

[notfred]

Originally posted by: CadetLee

Originally posted by: Tyler
You're going to drive to a different state to challenge a ticket that says you were going 88 by claiming that you were only going 85 to get out of what is likely a $30 ticket?

Where is 10 over only $30? It's ~$90 here, I think..not positive, though.

In Utah it is. I got pulled over for 85 in a 75 in I-70 and the ticket was like $23 or something. In California it's like $100.

 

[notfred]

What is it you hope to accomplish? You want to get you ticket for 13 over reduced to a ticket for 10 over? It's likely that they're the same exact fine.

 

[Ulfwald]

Contest the ticket, they will then probably set another court date in which the officer will be ordered to appear. If he does not show, you are off the hook. If he does, but has poor notes, or a bad memory, you may have a good chance of establishing reasonable doubt.

 

[stockjock]

More than likely your gonna have to pay the ticket and court fees if you contest...but what I have seen is that the judge will probably take the ticket off your file..there is a word for that but can't think of it right now..

 

[4Lclovergirl]

Most likely if you go to court you will get a reduced ticket for reckless driving, which is no points, but more money. In NJ, I went from an $88 fine with 2 points, to a $100 fine with no points, but since I am in NJ, it was well worth not getting the points on my insurance.

However, if it is not the state you live in, they might not transfre the points to insurance, so I would check it out.

However, IMHO, you were speeding, reguardless of if that was the pace of traffice or not, and if you passed the truck, then it was not the speed of traffice (you were going faster then him, and could have gone slower and not had a problem) No you were not dangerous, but the cop had every right to give you a ticket. I have driven roads hundreds of times over the speed limit with no problems, then one day get ticketed, so that's nto an excuse either.

You just have to decide if it's worth it. It's only a 2 point ticket, and will be gone from your license for 2 years. But it's all up to you.

 

[MacGaven]

Originally posted by: Tyler
What is it you hope to accomplish? You want to get you ticket for 13 over reduced to a ticket for 10 over? It's likely that they're the same exact fine.

I would like to take full advantage of my right to contest these charges.

I would hope for my story to be heard, a reduced fine, and no mark on my record. I believe that I should not admit guilt to a charge that I find unreasonable and not guilty of causing. It does not matter the amount of money involved (I'm going to being paying a fine anyways, and my time) but that I get to present my case and take full advantage of the judicial system that I pay for as a citizen.

 

[vtqanh]

Go to court, you will never get more than what the original charges was; you have nothing to lose (well, you lose some time...)

 

[furiogiante]

I have gotten out of 3:5 traffic tickets I have been given, once avoiding a 6 month suspension and big fees...here's what you should do:

1. Check the NM revised code (or whatever NM calls it's lawbook). This should be readily available online. Find out the recovery distance for passing a moving vehicle. Usually, it is at LEAST a 1/4 mile. If you can create a reasonable doubt that the police officer tagged you inside of that distance after passing the semi, you are golden.

2. File a discovery motion. Find out if the radar gun has been calibrated and certified within a reasonable time period. Find out when the officer is scheduled to work. Change the court date to a time period in which he ON duty - he cannot be in court while he is supposed to be in the field. These are all matters of public record, so obtaining them should not require more than a phonecall. Give a good excuse as to the reason for changing the court date too. Offer a couple options for an alternate date, making sure the cop is ON duty for each.

3. Pray that it is not a local yokel kangaroo court. If you are going before a mayor in mayor's court, you are screwed and better off paying the ticket. If the magistrate is an ACTUAL judicial type, then you have a chance to win. Find out what the cop's jurisdiction is as well. Perhaps he was outside of his bounds when he clocked you.

4. The semi also may help you. Radar (unless he clocked with Laser) picks up the strongest signal in it's range, meaning the semi is a more likely target for the broad sweeping area of a radar gun.

Remeber, all you have to do is create reasonable doubt in the court's mind. If you can do that, the magistrate is supposed to rule in your favor. If the cop can't attend, you are an immediate dismissal. It will take some time to do these things, but points on your record at 25 is bad. If you were 26, it would not affect you as badly as your current age. How about that crap! =)

GL!

 

[notfred]

Originally posted by: 4Lclovergirl
Most likely if you go to court you will get a reduced ticket for reckless driving, which is no points, but more money. In NJ, I went from an $88 fine with 2 points, to a $100 fine with no points, but since I am in NJ, it was well worth not getting the points on my insurance.... It's only a 2 point ticket, and will be gone from your license for 2 years. But it's all up to you.

Why do people bother quoting New Jersey traffic laws to someone who got pulled over in New Mexico?

 

[Viper GTS]

Originally posted by: MacGaven

Originally posted by: Tyler
What is it you hope to accomplish? You want to get you ticket for 13 over reduced to a ticket for 10 over? It's likely that they're the same exact fine.

I would like to take full advantage of my right to contest these charges.

I would hope for my story to be heard, a reduced, fine and no mark on my record. I believe that I should not admit guilt to a charge that I find unreasonable and not guilty of causing. It does not matter the amount of money involved (I'm going to being paying a fine anways, and my time) but that I get to present my case and take full advantage of the judicial system that I pay for as a citizen.

Your "story" doesn't mean anything.

The only thing that matters is:

Were you driving in excess of the speed limit?

If at the end of your story you say yes to that question, it's all over.

You obviously have NO clue what to do/say, my advice to you is hire a lawyer. You won't even have to go to court, & odds are good you'll get out of the ticket. If you show up to contest it on your own the judge will laugh at you for being a moron.

Viper GTS

 

[4Lclovergirl]

Originally posted by: Tyler

Originally posted by: 4Lclovergirl
Most likely if you go to court you will get a reduced ticket for reckless driving, which is no points, but more money. In NJ, I went from an $88 fine with 2 points, to a $100 fine with no points, but since I am in NJ, it was well worth not getting the points on my insurance.... It's only a 2 point ticket, and will be gone from your license for 2 years. But it's all up to you.

Why do people bother quoting New Jersey traffic laws to someone who got pulled over in New Mexico?

I was giving an example. I know the amounts will be different, but the geenral traffic court method should be the same. They just want your money, so they will give you a charge that costs you more money but no points.

 

[Pepsi90919]

why was that post so long... it could have been summed up in like 3 words

 

[XZeroII]

Originally posted by: 4Lclovergirl
Most likely if you go to court you will get a reduced ticket for reckless driving, which is no points, but more money. In NJ, I went from an $88 fine with 2 points, to a $100 fine with no points, but since I am in NJ, it was well worth not getting the points on my insurance.

However, if it is not the state you live in, they might not transfre the points to insurance, so I would check it out.

However, IMHO, you were speeding, reguardless of if that was the pace of traffice or not, and if you passed the truck, then it was not the speed of traffice (you were going faster then him, and could have gone slower and not had a problem) No you were not dangerous, but the cop had every right to give you a ticket. I have driven roads hundreds of times over the speed limit with no problems, then one day get ticketed, so that's nto an excuse either.

You just have to decide if it's worth it. It's only a 2 point ticket, and will be gone from your license for 2 years. But it's all up to you.

Agreed. You broke the law. Maybe you should have your speedometer checked because at 85mph, it's likely that it could be off by as much as 5mph. If you take it to a place and have them test it and find that the speedometer was actually off, then they might reduce the fine. However, since you were obviously going faster than traffic (by passing the truck) and you admit that you were still breaking the law, you deserve that ticket and should pay something.

 

[furiogiante]

Originally posted by: Viper GTS


Your "story" doesn't mean anything.

The only thing that matters is:

Were you driving in excess of the speed limit?

If at the end of your story you say yes to that question, it's all over.

You obviously have NO clue what to do/say, my advice to you is hire a lawyer. You won't even have to go to court, & odds are good you'll get out of the ticket. If you show up to contest it on your own the judge will laugh at you for being a moron.

Viper GTS

Viper, if the judge is in fact a judge, then there will be a decent chance of not-guilty or possibly dismissal. Hiring a lawyer for this matter is overkill - you will pay the Devil...I mean lawyer...more than the actual cost of the ticket, and probably more than the total increase in your insurance. You should not need a lawyer for a simple speeding ticket, unless you are in jeopardy of losing your license.

MacGaven, it's all in what you do NOT say in court as well. Offer no more information than is requested, unless it bolsters your point.

 

[notfred]

Originally posted by: 4Lclovergirl

Originally posted by: Tyler

Originally posted by: 4Lclovergirl
Most likely if you go to court you will get a reduced ticket for reckless driving, which is no points, but more money. In NJ, I went from an $88 fine with 2 points, to a $100 fine with no points, but since I am in NJ, it was well worth not getting the points on my insurance.... It's only a 2 point ticket, and will be gone from your license for 2 years. But it's all up to you.

Why do people bother quoting New Jersey traffic laws to someone who got pulled over in New Mexico?

I was giving an example. I know the amounts will be different, but the geenral traffic court method should be the same. They just want your money, so they will give you a charge that costs you more money but no points.

Let's just compare New Jersey to California, since I don't live in New Mexico.

In California, in the courts I've been in, they won't change your charge, but they will reduce your fine for the same charge. I've had fines reduced by about half, however I stil lget the 1 point on my license that lasts for 3 years.

BTW, in California reckless driving is a misdemeanor. If you're convicted of it, not only will you be paying a fine, but you'll have a criminal record. Your post is full of information that only applies to New Jersey, and it's very bad information to use in other states.