Question about a speeding ticket...

[purbeast0]

Yesterday on my way home from work I was caught in a speed trap. The cop was on the side of the road with a laser and caught me going 62 in a 45.

So I pulled over, he told me his name etc, gave him my license and registration, and went to the back of my car. He wrote a ticket for going 62 in a 40 and I was on my way. He was very short worded and didn't run me in his police car (like I figured they did when pulled over, I haven't been pulled over in probably 8 years).

So here is the question. And no I did not make any typos.

I was going 62 in a 45. On the ticket however he wrote 62 in a 40. He also had originally made the fine for $90, but I noticed it was scratched out and was now $160.

Where I was pulled over was also was I went up over a hill and was on the down slope which could have caused my speed to increase.

Now I'm not going to argue about the speeding, because yes I was going over the speed limit. What I'm wondering about is whether or not I can get off on a technicality because he wrote the wrong speed limit on the ticket?

I plan on going to court for this regardless and plead my case and try to get the fine down or something better than what it currently is. I was just wondering if anyone knew if it would just get thrown out because of the mistake the officer wrote on the ticket. I plan on taking pictures of the speed limit sign posted prior to where I was pulled over and bringing that to court.

 

[Vette73]

Yes that will get you off, its great. Go to court and demand it be thrown out.

Post back after you win.


See if he got the color of your car wrong, that would mean they owe you money.

 

[RKS]

thrown out: no
reduced: very possible

 

[alkemyst]

You will get your fine reduced to whatever 62 in a 45 is. Down hilll, up hill, on a treadmill doesn't matter.

 

[mugs]

Originally posted by: purbeast0
Now I'm not going to argue about the speeding, because yes I was going over the speed limit. What I'm wondering about is whether or not I can get off on a technicality because he wrote the wrong speed limit on the ticket?

No. If you go in with that, all the judge will do is adjust it.

Look into whether your state will do a deferred judgment, where you pay the fine but it doesn't go on your driving record (or affect your insurance) unless you get another ticket in the next ~6 months. Since you rarely get pulled over that should work for you.

 

[meltdown75]

you're guilty, pay the fine.

 

[KillerCharlie]

Originally posted by: purbeast0
Where I was pulled over was also was I went up over a hill and was on the down slope which could have caused my speed to increase.

That's what brakes are for.

 

[allisolm]

Originally posted by: KillerCharlie

Originally posted by: purbeast0
Where I was pulled over was also was I went up over a hill and was on the down slope which could have caused my speed to increase.

That's what brakes are for.

Exactly. I wouldn't try that excuse on the judge in court. "Gosh, your honor, the hill caused my speed to increase and I had no idea how to slow down."

 

[MotF Bane]

At least reduced, but probably not thrown out.

 

[alkemyst]

In all honesty, your best bet is to go in and plea no contest mentioning that the speed limit was 45.

I'd expect you'd get court costs and traffic school with all points withheld.

Court awarded traffic school does not count against your life self-elections.

Paying the ticket + school is about the same as court costs + school usually.

 

[Newbian]

Make you you ask that savorboy be your witness.

 

[Kyle]

Never know- I've had a ticket thrown out because the cop wrote the wrong date on it (happend just after midnight, he wrote the previous date).

 

[bobdole369]

alkemyst is right. It depends on the judge, and it depends on your driving record. When I did the same - folks were getting anywhere from the full fine + points for a no contest plea to no points/much reduced fee (something seemingly made up by the judge as she went - one old lady got a $25 fine + court costs of $15 for going 10 over.)

I had no moving violations on record, was going 42 in a 25 - and I picked up $75 + $15 court costs and no points. I said "I beg the mercy of the court and plead no contest". She said "Wow bobdole369 - no moving violations.... ever.... $75 and costs."

 

[purbeast0]

Originally posted by: alkemyst
You will get your fine reduced to whatever 62 in a 45 is. Down hilll, up hill, on a treadmill doesn't matter.

but will the plane take off?

Originally posted by: mugs

Originally posted by: purbeast0
Now I'm not going to argue about the speeding, because yes I was going over the speed limit. What I'm wondering about is whether or not I can get off on a technicality because he wrote the wrong speed limit on the ticket?

No. If you go in with that, all the judge will do is adjust it.

Look into whether your state will do a deferred judgment, where you pay the fine but it doesn't go on your driving record (or affect your insurance) unless you get another ticket in the next ~6 months. Since you rarely get pulled over that should work for you.

thanks for the advice, i will check this out.

 

[evident]

Originally posted by: KillerCharlie

Originally posted by: purbeast0
Where I was pulled over was also was I went up over a hill and was on the down slope which could have caused my speed to increase.

That's what brakes are for.

Anyone who uses brakes going downhill to JUST to avoid speeding in my opinion and could potentially cause an accident and have a whole chain of people getting rear ended. i've seen it several times because most people dont just slow down to the speed limit, they slam it and go significantly less. if you're going down hill it makes the most sense to coast, especially if it's a safe situation. i would like to think that cops are understanding of this type of situation, but with my experience, they will rape you on any technicality to meet their stupid quotas

and op you can probably get your fine reduced just be nice to the judge in court and explain yourself clearly

 

[captains]

the cop was just pissed off because popeyes ran outta chicken and was taking it out on you

 

[JDub02]

was everyone else said .. depends on the judge.

i just went through traffic court and it's really no big deal. dress nice, act very polite, plead "not guilty" to the 62 in a 40, bring some pictures showing that the speed limit really is 45, apologize for going 62 and ask for some leniency because of your clean driving record. unless the judge is a clown, you'll probably get it reduced to 5 over, no points, and a small fine.

good luck.

 

[bobdole369]

No. If you go in with that, all the judge will do is adjust it.

eh.... again it depends on the judge. The officer actually has to adjust it and the judge can direct him to do that.

Oh and its a myth that they never show up. All the officers court dates are on the same day - thats his day in court.

 

[SearchMaster]

Originally posted by: bobdole369

No. If you go in with that, all the judge will do is adjust it.

eh.... again it depends on the judge. The officer actually has to adjust it and the judge can direct him to do that.

Oh and its a myth that they never show up. All the officers court dates are on the same day - thats his day in court.

Plus my ex-brother-in-law got double-time pay for court appearances. They LOVED going to court for traffic tickets.

 

[allisolm]

I've never been in the situation, but maybe someone else has and has an opinion. Do you think a judge would be more lenient on someone with a pretty clean record (the OP said it had been 8 yrs with no tickets) who just threw himself on the mercy of the court and asked for leniency or someone who did the same thing but pointed out the discrepancy in the ticket? Might a judge get ticked that you challenged the ticket grounds? Just wondering.

I think I would challenge it if the penalties were significantly greater for 22 over than 17 over.

 

[Soundmanred]

Originally posted by: bobdole369
alkemyst is right.

Swine flu makes pigs fly?


I got off on many tickets if I hadn't had one in a while.
As long as I showed up in court and plea NC, they just made me pay court costs and told me not to get any more tickets, but they didn't officially record telling me and by the time I got another ticket didn't remember me.
I'm glad the ticket days are behind me, it's alot easier to simply not get them!

 

[Soundmanred]

Originally posted by: allisolm
I think I would challenge it if the penalties were significantly greater for 22 over than 17 over.

I would think so. Around here it's 1-9 over, 10-19 over, 20-29 over, etc that determines the fine and being in the nigher bracket really shoots up the cost.

 

[LordMorpheus]

Originally posted by: meltdown75
you're guilty, pay the fine.

He's guilty of doing 62 in a 45, not 62 in a 40.

Go to court, get the fine reduced to whatever it is for 17 over in a 45, and pay that.

It's not a huge deal. If you haven't had a ticket in a while your insurance might not even go up at all (I got a ticket for 80 in a 60 at the age of 21 and my insurance didn't go up).

 

[jlee]

Originally posted by: meltdown75
you're guilty, pay the fine.

Not of 22mph over. 17mph over may very well be a significantly reduced fine - up here it's $100 vs $200.

 

[Bill Brasky]

In Kansas, 22mph over the speed limit and above can't be fixed by paying more money, so the ticket *must* go on your record.

It would be worth getting the mistake fixed because it might be the difference in qualifying for a traffic diversion (fixing the ticket).