• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Appeal advice required

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Q

quazi

Guest
Greetings from San Diego California,

I recently got two speeding tickets, both 10 over. I discovered my speedometer was reading wrong, and had it tested by a speedometer mechanic, he confirmed that my speedometer was about 10 miles per hour off. I went to court with this information, and plead guilty with an explanation. I realized later I should have plead not guilty.

I explained to the judge about the speedometer problem and held up the paper to prove it; the judge acted like he believed my story, but said that everybody would be driving with a broken speedometer. My speedometer wasn't really broken but was reading wrong, about 10 miles off.

I recieved a tape recording of the proceedings when I asked for an appeal, and found the quality so bad, that I couldn't hear what the judge was saying. I listened with headphones over and over, but the key statements of the judge were undisernable, although my statements were easily distinguishable.

Can I appeal on the basis that the judge's argument was fallacious? i.e. How could everyone drive around with a speedometer that reads wrong? That is a pretty rare occurance. Is the speedometer mechanic going to lie for all these speeders?

Do I have any grounds for an appeal? Is it possible to change my plea to not guilty either thru the appeal or otherwise?

Thank you very much for your time.
 
Last edited:


racer72

Senior Member
I am going to guess the judge based his decision on the fact that defective equipment is not cause to dismiss the citation. And a seasoned traffic court judge probably hears that for an excuse quite often. The basis for a challenging the citation is to prove you did not commit the infraction or that the citation itself is incorrect. You did neither. I would suggest you talk to an attorney.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top