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First ticket 81 in 70zone, how do I fight it?

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reb11

Junior Member
What is the name of your state (only U.S. law)? Iowa (resident and licensee of Nebraska)

I am 34 yrs old, I was ticketed for driving at 81 on 70 speed limit highway. I was caught overtaking an officer around 8pm. Actually I was overtaking to avoid driving behind a truck and in doing so I had to overtake few cars that were before the truck to go into the right lane of the highway. So for those few minutes my speed might have been more than the posted limit. However I was not able to explain it to the officer as I had no idea what I was supposed to say because I was pulled over for speeding for the first time. So when he asked what I thought my speed was I guessed it around 75, does that mean I admitted to breaking the law and now if I fight I will not have have a chance for favorable outcome?

Because of my clean record the officer gave me a lower citation that mentions I was driving at 75 in 70 zone instead of 81, the speed that his radar showed. The fine is 87 dollars.

I am a very safe driver and have not had any tickets in 12 years of my driving history in the US. I had my toddler, spouse and mother with me in the car, so there is no way I would have put them in danger along with myself by speeding in the night. I want it not to go on my record and raise insurance costs because I am not earning at the moment. I have been debating whether its worth spending all the time, resources and energy to fight this ticket when I don’t know if I have a case. If I decide to fight it I will have to travel to the county in Iowa that is 200 miles away. They do not allow it by mail. I am willing to do traffic school if that keeps the ticket off my record.

How do I fight it? Do I have a case? Can I correspond my case with DA before my court appearance for a lower charge to keep my record clean and save myself from making a trip there?

What are my chances of keeping it off the record?

Can I fight it without a lawyer?
Any help is highly appreciated.
Thanks.
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Iowa (resident and licensee of Nebraska)

I am 34 yrs old, I was ticketed for driving at 81 on 70 speed limit highway. I was caught overtaking an officer around 8pm. Actually I was overtaking to avoid driving behind a truck and in doing so I had to overtake few cars that were before the truck to go into the right lane of the highway. So for those few minutes my speed might have been more than the posted limit. However I was not able to explain it to the officer as I had no idea what I was supposed to say because I was pulled over for speeding for the first time. So when he asked what I thought my speed was I guessed it around 75, does that mean I admitted to breaking the law and now if I fight I will not have have a chance for favorable outcome?

Because of my clean record the officer gave me a lower citation that mentions I was driving at 75 in 70 zone instead of 81, the speed that his radar showed. The fine is 87 dollars.

I am a very safe driver and have not had any tickets in 12 years of my driving history in the US. I had my toddler, spouse and mother with me in the car, so there is no way I would have put them in danger along with myself by speeding in the night. I want it not to go on my record and raise insurance costs because I am not earning at the moment. I have been debating whether its worth spending all the time, resources and energy to fight this ticket when I don’t know if I have a case. If I decide to fight it I will have to travel to the county in Iowa that is 200 miles away. They do not allow it by mail. I am willing to do traffic school if that keeps the ticket off my record.

How do I fight it? Do I have a case? Can I correspond my case with DA before my court appearance for a lower charge to keep my record clean and save myself from making a trip there?

What are my chances of keeping it off the record?

Can I fight it without a lawyer?
Any help is highly appreciated.
Thanks.

So, you had to pass AT LEAST 3 cars before you even passed the truck? :eek:

Your belief that you would not/did not put your loved ones in to harm's way is mistaken...you most definitely did.
 

FlyingRon

Senior Member
I'm confused. Why is a truck that is three cars ahead of you and going fast enough that you have to exceed the speed limit by over ten miles per hour to even get to it a safety issue?
 

reb11

Junior Member
I think I wasnt clear in explaining, the truck was right in front of me on the right lane of the highway, and in front of the truck were a couple of cars including that of the officer's.

This is the first time I am posting on this forum and it is disappointing that commentors here are being more judgemental than helpful.
 
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I_Got_Banned

Senior Member
Depending on the specific statute you were charged with, you may not have a defense.

Example: if you were charged with exceeding the maximum 70mph limit on a highway, you lose on two accounts... One, the fact that the officer measured your speed to be in excess of that maximum limit (81 in 70), and two you admitted that you were driving in excess of that limit (75 in 70) and the officer made a notation on your citation of that fact.

I am not sure if the fine amount for 81 in 70 is higher than that for 75 in 70, but regardless, you got what is known as a "roadside discount"... You're free to try and negotiate with the prosecutor for another reduction although I'm not sure how you're going to be able to do that from another state.
 

reb11

Junior Member
Thank you I_Got_Banned,

my ticket says Speeding in >55 (zone), 1 to 5 over and then there are separate boxes for the speed limit (70) and the speed at which I was cought (75), nowhere it mentions 81 on the ticket but I know they will have it in their records as he showed me on his radar.

I am 3 and half hours drive from that place, so I may have to spend a day to contest it but is it possible that if I contest it, the prosecutor can decide to take away that 'roadside discount' and charge me for the actual speed- 81? in that case I will lose even more than what I have now. Also the fine for it will be double than my current ticket.

thanks again.
 
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I_Got_Banned

Senior Member
Let me qualify all my remarks by saying that I am not from Iowa, nor am I familiar with the court rules and procedures used there. I am simply offering you advice based on my general knowledge of laws in other states which may or may not be applicable in Iowa.
my ticket says Speeding in >55 (zone)
I was hoping you'd provide a statute number...

1 to 5 over and then there are separate boxes for the speed limit (70) and the speed at which I was cought (75), nowhere it mentions 81 on the ticket but I know they will have it in their records as he showed me on his radar.
My guess is that the officer may have made a notation on his copy of the citation... That is just a guess though!

I am 3 and half hours drive from that place, so I may have to spend a day to contest it but is it possible that if I contest it, the prosecutor can decide to take away that 'roadside discount' and charge me for the actual speed- 81? in that case I will lose even more than what I have now. Also the fine for it will be double than my current ticket.
I highly doubt that he/she will take away or change the violation, but then again, it will all depend on what the officer remembers or what personal notes he wrote with regards to your speed. Point is, and if the prosecutor is aware or later becomes aware of your actual (higher) speed, he may not be so inclined to reduce it any further.

I personally would not communicate by mail with the prosecutor. For one, you would have to effectively admit guilt IN WRITING, which may work against you... But then again, I am not going to simply suggest that you should drive that distance in hopes that you would get it reduced in person.

You maybe better off just paying the lower fine and chalking it up for a lesson learned.
 

reb11

Junior Member
Thank you so much I_Got_Banned for your detailed reply, i appreciate your advice.

About the statute no it mentions sec # 321.285, ICIS Sec # 321.285-F, IA code 2009

Is it possible to request discovery by mail after contesting it and then depending on what officer has written do i have an option to withdraw my not guilty plea and pay the fine?

May be that way i can make an informed decision as to drive up there or not.
 

TheGeekess

Keeper of the Kraken
Pay the ticket and be done with it. For Pete's sake, you're going to spend more on the aggravation of fighting the silly thing than you would paying the fine. :rolleyes:
 

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