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fighting a speeding ticket

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intern

Junior Member
What is the name of your state?I was recently stopped in MA for doing 42 in a 30 MPH zone on Main Street. The officer stopped me after I had turned off Main and onto "B" Street. I never saw the officer until his blue lights came on.

I know I was not doing over 35 on Main St. The officer referred to a side street off of Main ("A" Street) as the point where he had clocked me. I didn't recognize the street name and asked where it was. "About 1/8 mile before you turned" was his reply. Later that day I retraced my steps and learned that "A" Street was less than 100 feet from "B" Street. There is no way I could have been doing 42 and still made my turn (90 degrees) without serious braking and/or skidding - which did not happen. I also noticed that cars making the turn onto "B" Street braked well before "A" Street.

I've decided to fight the ticket. I figure a town map, an aerial photo of the streets, the measured distance between "A" and "B" Streets, and maybe some photos of the scene will serve as my defense. Also, the view from "A" Street is obstructed - though I don't know that's where he was when he clocked me. Is there any other advice anyone can recommend? Do I have a shot? Thanks!
 


S

seniorjudge

Guest
intern said:
What is the name of your state?I was recently stopped in MA for doing 42 in a 30 MPH zone on Main Street. The officer stopped me after I had turned off Main and onto "B" Street. I never saw the officer until his blue lights came on.

I know I was not doing over 35 on Main St. The officer referred to a side street off of Main ("A" Street) as the point where he had clocked me. I didn't recognize the street name and asked where it was. "About 1/8 mile before you turned" was his reply. Later that day I retraced my steps and learned that "A" Street was less than 100 feet from "B" Street. There is no way I could have been doing 42 and still made my turn (90 degrees) without serious braking and/or skidding - which did not happen. I also noticed that cars making the turn onto "B" Street braked well before "A" Street.

I've decided to fight the ticket. I figure a town map, an aerial photo of the streets, the measured distance between "A" and "B" Streets, and maybe some photos of the scene will serve as my defense. Also, the view from "A" Street is obstructed - though I don't know that's where he was when he clocked me. Is there any other advice anyone can recommend? Do I have a shot? Thanks!
But you still admit you were speeding, correct? "...I was recently stopped in MA for doing 42 in a 30 MPH zone on Main Street....I know I was not doing over 35 on Main St....

Anyway, if you can prove to the satisfaction of the court that this speeding ticket violates the laws of physics, then you may have a good shot at winning.

You might want to check and see if 7 over and 12 over are treated any differently before you go to all this trouble.

Ask for a jury trial; that will perk up their ears and maybe make the prosecutor easier to deal with in a plea bargain. On the other hand, he may chose to make you an example.

Post back with results. This is the first speeding case on this forum that I have seen that (if you are 100% correct) could stand a chance based on some kind of halfway scientific evidence that you were not, in fact, speeding.
 

intern

Junior Member
follow up ?

Thank you for your reply. I have one more question:

Is the location listed on my citation a concrete reference? If the court sees the cited intersection as only a "ballpark" type of landmark, my laws-of-physics defense holds no water.
 
S

seniorjudge

Guest
Is the location listed on my citation a concrete reference?
I thought it was cobblestones in that area.:D
I couldn't really say; the officer may not testify to the same thing that he told you. Check to see if it is on the ticket.

If the court sees the cited intersection as only a "ballpark" type of landmark, my laws-of-physics defense holds no water.
Correct. Also, if the cop testifies as an expert witness trained in visually estimating speed that you were going 42 in a 30 and never even mentions clocking (or says it in addition to clocking) then the Einstein defense goes down a black hole.
 

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