Usa Tickets

Thursday, July 8, 2010

Going 5 miles over the speed limit, is it worth fighting?

So today, It is absolutely gorgeous outside. It is perfect weather conditions and I've been in class all day and have a 45min commute to home. I travel this highway Monday-Thursday every week for the last 2 years and the posted speed limit is 65mph. That is a reasonable speed for a high traffic well traveled highway. Most people drive between 65 and 70 when weather is good and traffic is flowing. There are always the idiots that blow past everyone going 75 to 80mph. I always set my cruise control on nice days like today when the roads are in good driving condition and for the most part i set it between 65 and 70 since the flow of the traffic travels within those speeds. So today set at 70mph I am just doing my thing driving down the road. Over one of the hills there is a sheriff's deputy outside of his car on the side of the road shooting radar. I travel this road like I said everyday pretty much on cruise control at the same speed. I have passed many officers taking radar and checking speed in that same spot all of the time. So I keep driving and think nothing of it. Next few minuets later I am being pulled over.

Ok yes, I do realize that I was speeding 5 miles over the posted limit and yes, technically that is breaking the law. But when the officer was so rude in asking why I was in such a hurry and why I just kept on going after I saw that he was shooting radar...I was getting annoyed by this. I said I was going 5 over on cruise control and didn't think it was a big deal considering the time of day and weather and light traffic. He said actually you were going 71 and that is 6 miles over. You were speeding. I guess I should have been more nice but he was being really rude, when I said um no I had the cruise set at 70...dead on 70.

Well I ended up with ticket and this guy didn't even get the color of my car right!!! I know it is only 5 over but he was so rude about it and acted like I should have slammed on breaks the second I saw his radar gun but it still would have been to late he already had me gunned. Is this ticket worth fighting? I really don't want to pay $135 for going 5 miles over the speed limit, plus he had an attitude that was most unpleasant.






Answer :
I fight every ticket I get. Even parking tickets.

I never admit to breaking the law when I'm fighting those tickets. I always say that I was driving a safe and reasonable speed for the roadway conditions, because I always am.

If he didn't get the color of your car right, you can probably argue that the ticket should be thrown out - it wasn't meant for you. After you say that you were driving a safe and reasonable speed for the roadway conditions, and if you do not admit to driving over the speed limit.

Source(s):

Wild guesses, because I'm not a lawyer and I've only won 17 ticket cases.







Answer :
His attitude may have been rude and disrespectful, but the judge is not going to care about that. The judge is only concerned about one thing: did you break the law, or did you not. You clearly broke the law (you admitted it yourself), so you will lose the case. I wouldn't bother.






Answer :
Normally if you fight it they will tell you that they will throw out any cases a certain speed over and 5 over is small enough that it probably will be thrown out.

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