Avoided dangerous situation, got speeding ticket: Need Help.

[EricRozich]

West Virginia. Please help. Hello everyone! I have never needed legal advice as I am a lawful citizen. I go to school full time as well as hold down a part time job and have never been accused of a felony, misdemeanor, or served jail time. My question is what should I do regarding a speeding ticket I recently received. I was driving down a highway with a speed limit of 65 at around 9 P.M. I was going 65-70 mph with traffic when I was in the passing lane and two motorcyclists were in the slow lane; as I passed them I noticed that they were swerving rather severely in their lane. I know that many highway deaths occur because of motorcyclists being either under the influence of a substance or because they are driving recklessly with all that power on two wheels. I checked my rear view mirror and was being tail gated by what appeared to be an early 2000 ford, meaning if I were to slam on my breaks to avoid being hit by the motorcyclists who were darting in and out of my lane I risked the driver behind me rear-ending me(I have also never been in an accident in all 8 years of driving because I drive defensively). So I accelerated past the motorcyclists and when I did I pulled into the non-passing lane (blinker and everything) and returned to the posted speed limit. I was then pulled over by the cop who had been tailing me for at least 2 miles and he stated that I had been going 85 in a 65... I explained the situation and danger the motorcyclists imposed upon both myself and my passenger and he explained that when I passed them I had gone over the speed limit. I find it strange that A. he clocked me going EXACTLY what it would be for reckless driving in the state of WV (which i do not believe I was going that fast) and B. he did not take into account the situation which, as I understand, is the duty of law enforcement to not only uphold the law but also take into account situations that aren't simply black or white. I have gotten traffic violations before but have never fought them, as I deserved the ticket that always followed. I am unsure of what to say when I DO take this to court and should I consider hiring a lawyer as this would be 5 points on my license that I do not believe I deserve. Thank you for ANY replies on what to do, or what I should say in court when I do fight this violation.

 

[racer72]

Nothing in your post suggests the tickets was not warranted or illegal. Your response to the situation was the exact opposite of what one should do in this type of situation. I would suggest the services of a local attorney if you want to fight the ticket.

 

[OHRoadwarrior]

I would say the officer was in the best position to observe whether the motorcyclists were operating in a dangerous manner and should be pulled over and breathalyzed and/or the speeding college student should. His professional opinion was obviously the only danger was the speeding college student.

 

[HighwayMan]

Your situation, as described, does not appear to have required you to do what you did. You could have easily just taken your foot off the gas and gradually slowed down.

I don't think a judge would be particularly sympathetic to your "justification" either. You have a certain viewpoint about what happened that day, but it would not be shared by many in the enforcement or legal communities.

Of course, you are free to have your ticket adjudicated and take your chances. It would an appear that an attorney would serve you best.