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Arguing a carelass driving ticket

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ixf729

Junior Member
What is the name of your state (only U.S. law)? Colorado
I got a ticket for going 76 in a 55mph (I thought limit was 70) zone with possible 6 points and 4 for careless driving.
I was driving in a High Occupancy Vehicle lane with no other cars in it and was keeping speed with the traffic to my left on the main highway (I25 through denver). There was no other cars in the HOV lane so I stuck out when the cop pulled me over.
Is the careless driving element worth fighting since it was only 2 mph more than only going 19 over the limit and therefore not careless driving and also since there was no other vehicles on my road it was not careless? Or should I just suck it up and pay the fine?
 


FlyingRon

Senior Member
Keeping speed with other drivers is NOT a defense for speeding even if they were on the same roadway as you. Only two miles more than 19 over? Boy that's a odd justification. There doesn't need to be other cars. "Any person who drives any motor vehicle, bicycle, or motorized bicycle in a careless and imprudent manner, without due regard for the width, grade, curves, corners, traffic, and use of the streets and highways and all other attendant circumstances, is guilty of careless driving."

I suspect that more than 20 miles over the speed limit in a confined lane is most likely going to qualify.

Still, I don't think people should roll over on misdemeanors. If you can't get a plea bargain, at least make them prove their case.
 

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