Fighting a speeding ticket - sorta

[ElleH]

What is the name of your state? Texas

I was issued a speeding ticket for going 82 in a 70 on a two-lane highway. I had pulled over into the breakdown lane to let a silver Expedition pass me just 20 seconds earlier. Once I got back on the road, I set my cruise control to 74. As I was going down a small hill, I saw the trooper going in the opposite direction, reflexively checking my speedometer I saw that it read 76. Looking back in my rearview mirror, I saw he had turned around. The Expedition was far in front of me by this time, so I was thinking he was going to go after that vehicle. When I saw the lights behind me, the trooper was travelling at a pretty good clip, so I pulled over, thinking he was going after the Ford. But no, I drive a red Volvo, and I'm the one he pulled in behind. I figured I would take my lump going 76 in a 70, pay my fine, take defensive driving, and go on with life. Once we dispensed w/the pleasantries, he stated I was going 82. I told him I thought he was pulling me over for 76 and he said, "nope, 82" and walked away. My car had just had it's 40,000 mile total service, including gauges. Also, 15 miles earlier, I had passed a radar car in front of a high school and was dead on.
I waited a week and went to the office and was going to see if I could plead guilty to 76 and pay that fine ($40 less than the 82 mph fine). They said I had to plead to the charge only. So I pled not guilty. The lady said it would just be easier to plead guilty, pay the fine, and take defensive driving because if I go to court and am found guilty, I probably would not be given the option to have the ticket removed from my record w/defensive driving. What a racket. Then to find out that when they found my ticket, it was turned in with 23 others from that same day. I requested a jury trial since I think a judge will always side with the officer regardless. Now they have called me and told me that they lost my original plea and could I please re-write it and fax it in. This doesn't sit well with me. I'm losing sleep over this! It's not right that someone should have to plead guilty to something just to "make it easier for everyone". Also, I know my speedometer is right, how do I know the trooper's radar detector is right? He was travelling at or above speed limit going the opposite direction. Also, the fact that he turned in 23 tickets in one day apparently is a red flag, because even the lady at the jp's office said, "23 tickets?!?", like that was a lot. I guess I just need to know that this is worth fighting tooth and nail over in calling in people for jury duty over this.

 

[HomeGuru]

You were guilty of speeding but the actual speed your were cited for is questionable? Hire an attorney to better your chances at fighting this.

 

[JETX]

"My car had just had it's 40,000 mile total service, including gauges."
** They do NOT check accuracy of speedometers.

"Also, 15 miles earlier, I had passed a radar car in front of a high school and was dead on."
** Seems like an incredible co-incidence... you had JUST had your service inspection (and claim they checked the 'guages') AND just happened to have passed a 'speed check' AND just happened to have looked down at your speedometer when you saw the officer approaching!! With all those, you really need to buy a Lotto ticket!

"reflexively checking my speedometer I saw that it read 76"
** I bet that that 99.5% of the 'regular' populations reflex would be to tap their brakes!

So, even putting the above aside, this really comes down to a very simple question. Is the $40 difference in tickets worth having it on your record??
You can guilty at 82, take defensive driving and save your insurance hit (15% per year for the next 3 yrs), or fight the 82 and, if found guilty, even for lesser, likely take the insurance hit.

Personally, I would suck it up, take the 82 hit and pocket the difference.

 

[HomeGuru]

JETX,
The $40 is not so much an issue as the big increase in insurance and if the writer has had other moving violations, the insurance company can elect to not renew.

 

[ElleH]

Coincidence or not, I HAD just had my car serviced at Volvo 2 weeks earlier, who DOES check gauges. I went back and asked and have documentation to take to court with me. And yes, I HAD just passed Taylor High School which always has a radar car in front of the school, I also have a document from Taylor PD stating that yes, they had a car parked there that day. I have always heard to never tap your brakes when you see a law officer because that makes you look obvious. I have only ever had one other speeding ticket in 1992 which I took defensive driving for, so it is expunged from my driving record. I just think it's ridiculous to plead guilty to something other than what I'm guilty for.
P.S. Lottery is for people who don't think they already pay enough taxes.

 

[JETX]

HG: That is what I was getting at:

- Guilty to 82 MPH, take defensive class, upon completion, ticket waived. No insurance hit.
or
- Fight ticket to try to get reduced to 76 MPH, and even if won, take insurance hit (15% for next three years).

Seems pretty simple to me.....

 

[ElleH]

It's my understanding that I am not able to try to get it reduced to the 76 mph, that I have to plead guilty or not guilty to the 82 mph charge only. Basically it's all or nothing, which is ridiculous in its own right.
What about the option of pleading not guilty, then if found guilty anyway, requesting from the district atty the opportunity for defensive driving? That person has the ultimate say so of wheter or not they would allow defensive driving.
At some point, shouldn't I stand up for my rights? Isn't there a remote possiblity that I could actually be not guilty of going 82 and am found not guilty for going 82?

 

[JETX]

Geeze..... put your ego aside for just a few minutes!!!

Take the 82 if you can get the defensive driving. Forget about trying to fight the 6 MPH difference!!

 

[ElleH]

It's not ego, it's principle. There's really no reason for you to attack me, first by saying how "coincidental" everything is, then by calling me egotistical.
One thing is for sure: I am not guilty of the charge of going 82 mph. Our system states that I am innocent until proven guilty.
You have actually helped me make a decision, though. After reading your disclaimer, I contacted a law outfit out of Houston, and they say I am totally justified in fighting. Most likely, even if found guilty, I can request and be rewarded the opportunity to take defensive driving.
If the trooper's radar wasn't even turned on (which is sometimes the case, surprisingly enough!) and he was just "estimating" my speed or if his radar was on but had not been calibrated in the previous 10 days, the charges are dismissed.
Or, I may have a jury of my peers who are also against being screwed by the system, who will find me not guilty and the charges are dismissed. Seems my worst case scenario is that I'm found guilty, pay the fine, take defensive driving, no hit to my insurance. Next worse, plead down to 76, pay the lower fine, take defensive driving, no hit to my insurance.
Best case: dropped charges.
Apparently, many people just go ahead and "do what's easiest" for everyone and plead guilty and pay the trumped fine. That's why law officers can do it and get away with it over and over again.
Note to Home Guru: Thank you for the advice to check with an attorney.

 

[JETX]

 

[bripam777]

 

[stephenk]

what proof do you have that you can show to the court that you were not going 82 mph? Just your testimony that you looked down and saw 76 on the speedometer will not really sway the judge or a jury. Plus you would have to admit you were speeding, which would eliminate you being found not guilty of speeding.

The charges can be amended to speeding at 76 mph instead of 82 once you testify.

Do you qualify for traffic school? go that route if available.