Speeding ticket date

What is the name of your state? Michigan

I got pulled over in a school zone, and I got the ticket as 40 in a 25. But, the school speedzone is from 6:35 to 7:35 am and 2:28 to 3:38 pm and school days only. I got the ticket on a Thursday, so I was legally speeding, but the officer wrote the date as a Saturday, which would technically mean I wasn't speeding. I've recieved advice from various people (none are lawyers) saying to fight it or to schedule the informal hearing and ask for leniancy. My question is, if I fought it, would I win?

epyor9 said:

My question is, if I fought it, would I win?

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What is the speed limit on a saturday?

Is the speed limit 40 or higher on Saturdays?

If the officer shows up in court and says he actually issued the ticket on a Thursday and that the date is a 'typo' style error, what then will be your defense?

Before you decide to fight be prepared to have a response to this scenario:

Judge: So were you driving 40mph?
You: Yes, but on Saturdays the speed limit is 40.
Judge: Officer what day did you write this ticket?
Officer: Thursday. I must've written the date down wrong. I wrote the citation Thursday.
You: ______________________________________

The limit is 55 on Saturday's. The wrong date was written twice on it, quite clearly both times. So the officer could just say that he wrote it on a Thursday and then it doesn't matter?

If the officer shows up in court and says he actually issued the ticket on a Thursday and that the date is a 'typo' style error, what then will be your defense?

Before you decide to fight be prepared to have a response to this scenario:

Judge: So were you driving 40mph?
You: Yes, but on Saturdays the speed limit is 40.
Judge: Officer what day did you write this ticket?
Officer: Thursday. I must've written the date down wrong. I wrote the citation Thursday.
You: ______________________________________[/QUOTE]


About above, you don't have to testify against yourself - 5th amendment. The burden of proof is on the officer. I don't know whether the wrong dates make this fatal, but you can sure ask fo a dismissal due to the errors and see what it gets you. You don't have to discuss how fast you were going on any date, or whether you were driving on any date, and you shouldn't. You stick to the errors and point out what the speed limit is on the date on the citation.

For this to work you would actually have to go to trial and let the officer testify as to the date or either confirm the date on cross. Be sure that the prosecution rests. Then make a motion for dismissal based on the date being a Saturday.

If this happens the judge should dismiss but you never know in traffic court.