Fighting ticket - need advice

[ttrumpis]

What is the name of your state?MA

I have to go to court tomorrow over a speeding ticket I don't feel I deserve.
Here's what happened...I was in the middle lane following two cars going 60mph on a major highway with a speed limit of 65mph. Three cars passed me on the left going at least 85-90 mph. I pull out in the passing lane and sped up to between 65-70mph to pass the two cars and then pulled in the middle lane and slowed back down to under 65mph. The other three cars stayed in the fast lane and never slowed down. One of the cars I passed was an unmarked cop car who pulled behind me and turned on his lights. I pulled over and tried to plead my case. He didn't want to hear it. I think he was so angry about the other speeders he didn't care. He looked my car over repeatedly looking for other violations which he couldn't find. He gave me a ticket for 84mph! I asked him why it was 84mph, and he said because he had to speed up to catch me and that was how fast he had to go(no radar). Am I right to think it was unjust? Are you allowed to speed up to pass slower traffic? Any advice would be welcome.

[mikeshoe]

You have a number of possible options.
If you contest the ticket and your argument in court is "I wasn't speeding" you need to be able to prove you weren't speeding. If the officer shows up in court and says "They were speeding. Says so on the citation." How will you prove you were not speeding?
If you contest the ticket and your argument in court is "It wasn't me." and the officer says "It was the defendant, I'm sure of it." You will need to prove it wasn't you. How will you prove it was not you speeding?
If your argument in court will be "I was speeding but there are mitigating circumstances" then you might want to request a reduction at a mitigation hearing.
Some courts allow a variety of deferral type options which vary from court to court but usually require you to pay a fine or attend a class and keeps the ticket from getting entered on your record if you keep your record clean.
Other suggestions I have seen on this board include going and discussing plea bargain options with the prosecutor. A close friend and a number of people on this forum have had some luck pleading guilty to other violations (For example my friend plead (pleaded?) guilty to a seatbelt ticket, paid the same fee but avoided a moving violation on his record)
You could hire a lawyer to fight the case, some utilize loopholes and prosecutorial laziness in the system to get cases dismissed. One such lawyer in my town swears he's gotten 160+ tickets in a row dismissed by filing discovery requests which the prosecutor routinely fails to comply with. (He claims the prosecutor disregards trivial requests from lawyers but only from lawyers) It sounds like bologna but he 'guarantees' dismissal.
I'm sure I missed some other possibilities.

[ttrumpis]

Thanks for the advice Mike I'll keep it in mind. My lawyer is unavailable for the court date so that is out. I'll just have to do the best I can on my own pleading my case.

Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat.

Bathe and wash your hair.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation.


Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter is pregnant/sick/dying/dead/crippled and needs my help.

3. I’ve got a job in [name a state five hundred miles away].

4. This is the first time I ever did this.

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.”)

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Other people may give you other advice; stand by.