First speeding ticket

[midnlghtsun]

What is the name of your state? Minnesota

I'm 18 and I've been driving since January. Got the speeding ticket on a freeway on 11/19, doing 74 in a 60 zone. I go on the freeway everyday and it just happened that day that I was on the inside lane (there are 3 lanes) and a semi was next to me, making me a little nervous because I heard something hit the front of my car and I could just feel that debris was coming off the semi. There was a lot of traffic in the other 2 lanes, and the rest of the cars were doing about 65 and just as I sped up to try to pass the semi, I saw a police officer. Obviously I had been more worried about my safety.

We pulled over and she asked me if I knew why she pulled me over. I told her yes (...I just found out that wasn't such a good idea). I guess I should have tried telling her the reason but it was my first time being pulled over and I was really nervous (& would it have really helped?). Anyway, she came back and told me that she wrote me up for going 70 in a 60 zone so that it would reduce my fine. She also said that if I contacted the district courts, and if I don't get another speeding violation within 1 year, this ticket will be off my record.

I really feel like I should fight this ticket because it is my first, and I feel like my reason is legitimate. I just don't know if it will hold up in court, since I did admit to the officer that I was speeding. I'm reading the court processes online and it seems very complicated, but a friend told me that his friend appealed a speeding ticket by telling the judge that his reason for speeding was that he had to go to the bathroom, and the judge let him off. I really don't know. I think I will go to court tomorrow in the morning and speak with a hearing officer and then see how it goes from there.

Any advice would be greatly appreciated.

 

[The Occultist]

You were speeding, and you were cited for speeding. Please explain again why you should be fighting this ticket?

 

[lwpat]

It sounds like if you contact the court they will give you what is called a deferment. This can be a dangerous move if you get another ticket since they will both go on your record. Traffic school is a better option if available. Otherwise take the deferment.

 

[Zigner]

....I feel like my reason is legitimate.

There IS another pedal next to the gas pedal.

 

[Hey There]

The Ball is in your court

12-20-07
midnlghtsun ,

A driver cited for a traffic violation has the right to plead not guilty. (Ref: Chapter 9, page 5 in Beat Your Ticket, Go to Court & Win).
A not guilty plea simply means that the burden of proof rests with the prosecutor to prove that a driver is guilty of the violation he was cited for.(Ref:webite:Speeding Ticket--Fighting or Plea Bargaining).
(....every poster IS innocent until proven guilty... every poster has the right to mount a vigorous defense. --(Ref:JIMinCA #10 reply in #7903 on this forum.)

The above book may be available from the library. The court process is explained from asking for a copy of the officer's note(Discovery),asking for a continuance (later date to enter a plea)'
preparing for trial, cross-examining the officer at trial, and presenting
a proper defense.
********************
By going to Google and typing in (Speeding Ticket -- Fighting or Plea Bargaining ) and clicking on the website of the same name , complete instructions for contesting a traffic violation are provided. As in the book , this site gives details on how the methods used to determine speed can be erroneous. The accuracy of Pacing, VASCAR, radar, laser ,aircraft used by Minnesota to determine speed of the cited
driver, can all be challenged in court.
***************************
To AVOID serious harm to himself a driver can TEMPORARILY violate the exact wording of the law . This "necessity " defense is recognized in all 50 states.(Ref: Chapter 3, page 10 of the book on traffic ticket defenses published by NOLO.
You stated in your post that ----
and a semi was next to me, making me a little nervous because I heard something hit the front of my car and I could just feel that debris was coming off the semi.

Best Regards,
Hey There

 

[patstew]

To AVOID serious harm to himself a driver can TEMPORARILY violate the exact wording of the law . This "necessity " defense is recognized in all 50 states.(Ref: Chapter 3, page 10 of the book on traffic ticket defenses published by NOLO.
You stated in your post that ----
and a semi was next to me, making me a little nervous because I heard something hit the front of my car and I could just feel that debris was coming off the semi.

That dog don't hunt, as he could have avoided this by slowing down rather than speeding up.

 

[The Occultist]

That dog don't hunt, as he could have avoided this by slowing down rather than speeding up.

Precisely. When faced with unsafe conditions, it is always advised you slow down to mitigate the dangerous situation. Whether it's debris coming at you, or a vehicle behind you following way too closely, speeding up will in fact make these situations MORE dangerous.

 

[Hey There]

If You Want To Know

12-21-07
midnightsun,

From your post:
"Got the speeding ticket on a freeway"
You were CITED for speeding. So far nothing has been proved in court how fast the truck, your car and the other cars on the FREEWAY were travelling. Any estimation of the speed could be inaccurate.
Only through Discovery or obtaining Public Records pertaining to the case at hand can an accurate assessment be made on whether or not the speed you were cited for was accurate. How to obtain Discovery or a Public Record of a case can be found by going to Google and typing in Discovery for Traffic Tickets. Websites give extensive information on this.
_________________________________________________________
I heard something hit the front of my car and I could just feel that debris was coming off the semi. There was a lot of traffic in the other 2 lanes, and the rest of the cars were doing about 65 and just as I sped up to try to pass the semiYour Post)
_________________________________________________________ AS you describe it, heavy traffic on the FREEWAY precluded slowing down as a way to minimize the liklehood of being hit by debris from the semi, not only because debris tends to fall BEHIND a vehicle but because of the speed and number of cars on the FREEWAY at that time.
You decided to pass the semi to avoid being hit by debris (Debris doesn't fly forward) as safer than remaining next to the semi. and hoping nothing more would hit your car.
Do I have this right?
_________________________________________________________
The Minnesota Driver's Handbook advises a car driver to pass a Commercial Vehicle as quickly as possible. It mentions nothing about exceeding the speed limit temporarily in this section. On page 26 the section on passing states not to exceed the speed limit when passing. A copy of the handbook can be viewed on the internet by typing in the above.
Some lawyers will consult for free to see if a driver has a viable defence and some will consult for a one time visit to advise a driver of the best course of action.($50.00)?
_________________________________________________________
From your Post:
I really feel like I should fight this ticket because it is my first, and I feel like my reason is legitimate.
_________________________________________________________
Best Regards,
Hey There

 

[JIMinCA]

midnightsun,

Hey there makes some good points. Your case is not really strong, but do your research, be prepared, stand before the judge and make your case. What is the worst thing that will happen??? You'll be convicted. What will happen if you don't make a case? You'll be convicted. So, where is the downside??

There are lots of naysayers that will tell you your arguments are not legitimate. Don't listen. You have a RIGHT to put on a vigorous defense for yourself. It is the prosection's burden to convict you... not your burden to convict yourself! I would much rather move forward with a weak defense than with no defense at all.

Good luck.

 

[The Occultist]

What is the worst thing that will happen??? You'll be convicted. What will happen if you don't make a case? You'll be convicted. So, where is the downside??

Several courts will remove taking a driving class off the table if you choose to fight the citation. That could be considered a downside.

 

[JIMinCA]

Several courts will remove taking a driving class off the table if you choose to fight the citation. That could be considered a downside.

Do you know if Minnesota even offers driving school in lieu of conviction? I also understand that many courts remove the option of dismissal if you don't choose to fight the citation. That could be considered a downside as well!!!

 

[The Occultist]

Do you know if Minnesota even offers driving school in lieu of conviction? I also understand that many courts remove the option of dismissal if you don't choose to fight the citation. That could be considered a downside as well!!!

You asked what was the worse thing that could happen in such a way as to imply that the OP will lose nothing by fighting it when you don't even know if that's true. I stated nothing as fact, but merely pointed out a possibility that the OP should be aware of and look into. But thanks for your valuable information.

 

[JIMinCA]

You asked what was the worse thing that could happen in such a way as to imply that the OP will lose nothing by fighting it when you don't even know if that's true. I stated nothing as fact, but merely pointed out a possibility that the OP should be aware of and look into. But thanks for your valuable information.

When I have no idea what it is that you are talking about, I simply read your signature line and then it all becomes clear.

 

[The Occultist]

When I have no idea what it is that you are talking about, I simply read your signature line and then it all becomes clear.

HA! That's your response? Now I understand why it is you think you give better legal advice than the lawyers and officers on this site. Please tell me what I said that you don't understand so that I can spell it out for you

 

[justalayman]

If youhaven't noticed, that is jiminca's typical response to a serious request. He has been arounf here espousing eveybodies innocence, or at least how easy it would be to fight a simple ticket yet when asked to define, refine or explain something, he comes back with a crap answer.