Jump to content

Fighting a speeding ticket


WhiteSoxfan1986

Recommended Posts

So, on my way to work today I got stopped for a speeding ticket. I was going 50 in a 45 zone, then turned on to a road that's 35. Of course, I didn't see any signs and didn't slow down, and I got stopped going 49 in a 35. On top of that, I just renewed my insurance and didn't have the new forms in the car, so I got a ticket for that as well, which means I have to go to court (all I have to do is show them the insurance forms to get off of that).

 

Now, there's no doubt I was speeding and I guess there were signs (didn't notice them, but that's my fault). Is there any truth to that you get the speeding ticket let go should the cop not show up in court, and is there any chance of that happening? I've talked to people who say they've gotten off that way. Is there any chance I could at least get the fine reduced? (Say it was an honest mistake, etc.).

Link to comment
Share on other sites

QUOTE (WhiteSoxfan1986 @ Feb 24, 2011 -> 07:02 AM)
So, on my way to work today I got stopped for a speeding ticket. I was going 50 in a 45 zone, then turned on to a road that's 35. Of course, I didn't see any signs and didn't slow down, and I got stopped going 49 in a 35. On top of that, I just renewed my insurance and didn't have the new forms in the car, so I got a ticket for that as well, which means I have to go to court (all I have to do is show them the insurance forms to get off of that).

 

Now, there's no doubt I was speeding and I guess there were signs (didn't notice them, but that's my fault). Is there any truth to that you get the speeding ticket let go should the cop not show up in court, and is there any chance of that happening? I've talked to people who say they've gotten off that way. Is there any chance I could at least get the fine reduced? (Say it was an honest mistake, etc.).

 

IANAL, but you can bet you'll get about 10 letters in the mail from lawyers in your area. They'll probably give you a free chat and tell you what to do.

 

Some traffic courts will allow you to plea bargain by showing up early on your court date and talking to the prosecutor. You may get your 14-over reduced to a 9-over (or something like that), which would carry a lesser fine and put less points on your license/insurance.

Link to comment
Share on other sites

I think you should consider whether it is actually worth fighting. Would you be missing work in order to sit in a court hopin a cop doesn't show up? Which is more expensive in the long run?

I don't see why the cop wouldn't just sign an affidavit attesting to the veracity of the radar reading, etc. I doubt he has to show up. I think that only works if the DA wasn't able to get all the necessary documents or if there is a question as to the radar's accuracy.

 

In any event, I doubt a DA is going to talk to you without a lawyer. That's not how it works in traffic court. It's a system where you hire a defense attorney who talks to the DA and it gets reduced. Also, you aren't going to get off by telling a judge that it was an "honest mistake."

 

Others probably have better information than me, but I think you are wasting your time unless you either can't afford to pay, or your insurance will skyrocket.

Link to comment
Share on other sites

QUOTE (jasonxctf @ Feb 24, 2011 -> 09:48 AM)
pay it and call it a day. Consider it a donation to the local township.

Oh, and go invest in a radar detector.

 

This. I got a ticket that was BS but just paid the $75 and let it be. Wasn't worth fighting for.

Link to comment
Share on other sites

QUOTE (jasonxctf @ Feb 24, 2011 -> 03:48 PM)
pay it and call it a day. Consider it a donation to the local township.

 

Oh, and go invest in a radar detector.

 

If it was just the fine itself, maybe, but 14-over is worth 15 points on the Illinois system. It's likely to make his insurance premiums jump.

 

I got a ticket for 81-in-a-70 in Minnesota and decided to just pay it rather than hire a Minnesota lawyer and try to plea it down. When my insurance company got wind of it, my premiums went up hundreds of dollars a year *for three years*.

 

At the very least, explore your options thoroughly.

Link to comment
Share on other sites

If you're ever near a bank when they took the reading you can always claim the reading was inaccurate because of interference from the bank's security system, at least that is what I was told by a cop. He said he would never pull someone over for speeding by a bank since it would never stick in court if argued.

Link to comment
Share on other sites

If you have to go to court to prove your insurance you may as well fight the ticket. In most counties if the police officer does not show up, the ticket is dismissed for want of prosecution.

 

Basically a ticket is hearsay evidence and without the officer the prosecution has no foundation to introduce the evidence. Without the evidence of the ticket they have no case.

 

Some counties will continue the case to see if the officer will show up at the next hearing. The only ticket that is unbeatable is red light ticket. Most likely if you talk with the prosecutor they can work out a deal where it doesnt go on your driving record (non-moving violation) if you just want to pay them.

 

Good luck.

Link to comment
Share on other sites

QUOTE (Soxbadger @ Feb 24, 2011 -> 04:08 PM)
If you have to go to court to prove your insurance you may as well fight the ticket. In most counties if the police officer does not show up, the ticket is dismissed for want of prosecution.

 

Basically a ticket is hearsay evidence and without the officer the prosecution has no foundation to introduce the evidence. Without the evidence of the ticket they have no case.

 

Some counties will continue the case to see if the officer will show up at the next hearing. The only ticket that is unbeatable is red light ticket. Most likely if you talk with the prosecutor they can work out a deal where it doesnt go on your driving record (non-moving violation) if you just want to pay them.

 

Good luck.

The red light ticket is incredibly concrete and most likely you're wrong if you think you didn't run it. I got a ticket in the mail and was adamant about my innocence until i saw the video and sure enough there's my car with me driving it running a red light. Hilarious

Link to comment
Share on other sites

Yeah I got a red light ticket and could not believe it. The time was 1pm during a work day and so I thought I was no where near the intersection. Turns out that it was White Sox opening day and I had been driving to my friends house (haha). When I saw my car go through the light and watched the speed increase, I knew they had me.

Link to comment
Share on other sites

QUOTE (jasonxctf @ Feb 24, 2011 -> 09:48 AM)
pay it and call it a day. Consider it a donation to the local township.

 

Oh, and go invest in a radar detector.

Radar detectors aren't guaranteed to detect a cop and besides there are a lot false positives which makes you tune it out sometimes. It's also basically useless against laser detectors because the radar only detects the laser a split second before the laser captures your speed.

 

I agree though, pay the ticket and take the traffic school course to erase it from your record.

Link to comment
Share on other sites

QUOTE (Whitewashed in '05 @ Feb 24, 2011 -> 09:33 PM)
How'd you do that?

A few years back they ruled a certain brand of laser was inaccurate and it just so happened I got busted once by that particular brand and then the second time the cop didnt know what brand he used so they threw it out again.

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Recently Browsing   0 members

    • No registered users viewing this page.
×
×
  • Create New...