NvrEndingLife82
Junior Member
What is the name of your state (only U.S. law)? Ohio, Holmes County specifically.
Ticket: 72 mph in a 55 mph.
The only other item on my driving record was a speeding ticket ~2006. It was simply because I had not seen the speed limit sign that said the speed had been reduced, and that one was a 67 in a 55. The speed limit before the sign I did not see was 65. I simply mailed the fine in because I did not want to have to drive back to VA for a court date.
I do not usually speed. I was on my way home from work, and I started getting symptoms of an oncoming migraine. I took one of my dissolveable migraine tablets as soon as I noticed the oncoming symptoms, but they can take up to an hour to kick in. And when the symptoms hit, I usually have about 20-30 minutes before a full blown migraine hits. I should have pulled over somewhere close by and called a friend to come get me, but I was only about 20 minutes from home, so I was trying to rush home. I got caught by a Holmes County Sheriff. She was nice, but still gave me a ticket, and told me she hoped I got home safe and felt better. I have no issue with her, she was just doing her job.
My reason for coming in here, is that I read somewhere that if you can prove that you were not driving recklessly while speeding and/or not putting yourself or others in danger...you can usually get a speeding ticket dismissed. I am looking for the article I read on this (which cited specific cases of speeding tickets where this applied), but I have not found it yet.
If this is correct, then I feel like I have a very good chance of it getting dismissed. Yes, I had symptoms of the oncoming migraine, but they were not a danger. It is just things I notice not too long before an oncoming migraine (and yes, I am under the care of a neurologist for the migraines), so I know to get ready to deal with it.
So...is there a case for my ticket getting dismissed if I can show I was not being dangerous or reckless, even though I was speeding? The weather was not inclement, the road conditions were fine (no wetness, etc), I know the road very well (drive it about 10 times a week), there was no one driving within any visible distance in front of or behind me (only two cars passed by us while we were pulled over), I never crossed out of my lane or swerved...and I was even able to stop quickly as soon as the officer put their lights on. In fact, the officer rolled down their window, remarked that she wasn't expecting me to be able to pull over so quickly, and asked me to pull up some so they could pull out, go down the road a bit, and turn around so they could get behind me. I had not even driven the distance of 1/3 a football field between the instant their lights come on and I stopped.
Would I be wasting my time arguing this?
Also, I doubt I could prove it, but I am pretty sure the officer did not have their car's running lights on while sitting there. Part of the reason I could pull over so quickly is because I started slowing down the instant they put their lights on. I was literally looking in the direction the cop car was sitting. I only did not see it because they were sitting in a dark parking lot, and only knew they were there once the red/blue lights flipped on. Almost startled me to suddenly see flashing lights where I was looking and expecting only darkness. Lol.
Any and all input and suggestions would be greatly appreciated. Oh, and if I do decide to challenge the ticket, court would be the morning on September 25th.
Ticket: 72 mph in a 55 mph.
The only other item on my driving record was a speeding ticket ~2006. It was simply because I had not seen the speed limit sign that said the speed had been reduced, and that one was a 67 in a 55. The speed limit before the sign I did not see was 65. I simply mailed the fine in because I did not want to have to drive back to VA for a court date.
I do not usually speed. I was on my way home from work, and I started getting symptoms of an oncoming migraine. I took one of my dissolveable migraine tablets as soon as I noticed the oncoming symptoms, but they can take up to an hour to kick in. And when the symptoms hit, I usually have about 20-30 minutes before a full blown migraine hits. I should have pulled over somewhere close by and called a friend to come get me, but I was only about 20 minutes from home, so I was trying to rush home. I got caught by a Holmes County Sheriff. She was nice, but still gave me a ticket, and told me she hoped I got home safe and felt better. I have no issue with her, she was just doing her job.
My reason for coming in here, is that I read somewhere that if you can prove that you were not driving recklessly while speeding and/or not putting yourself or others in danger...you can usually get a speeding ticket dismissed. I am looking for the article I read on this (which cited specific cases of speeding tickets where this applied), but I have not found it yet.
If this is correct, then I feel like I have a very good chance of it getting dismissed. Yes, I had symptoms of the oncoming migraine, but they were not a danger. It is just things I notice not too long before an oncoming migraine (and yes, I am under the care of a neurologist for the migraines), so I know to get ready to deal with it.
So...is there a case for my ticket getting dismissed if I can show I was not being dangerous or reckless, even though I was speeding? The weather was not inclement, the road conditions were fine (no wetness, etc), I know the road very well (drive it about 10 times a week), there was no one driving within any visible distance in front of or behind me (only two cars passed by us while we were pulled over), I never crossed out of my lane or swerved...and I was even able to stop quickly as soon as the officer put their lights on. In fact, the officer rolled down their window, remarked that she wasn't expecting me to be able to pull over so quickly, and asked me to pull up some so they could pull out, go down the road a bit, and turn around so they could get behind me. I had not even driven the distance of 1/3 a football field between the instant their lights come on and I stopped.
Would I be wasting my time arguing this?
Also, I doubt I could prove it, but I am pretty sure the officer did not have their car's running lights on while sitting there. Part of the reason I could pull over so quickly is because I started slowing down the instant they put their lights on. I was literally looking in the direction the cop car was sitting. I only did not see it because they were sitting in a dark parking lot, and only knew they were there once the red/blue lights flipped on. Almost startled me to suddenly see flashing lights where I was looking and expecting only darkness. Lol.
Any and all input and suggestions would be greatly appreciated. Oh, and if I do decide to challenge the ticket, court would be the morning on September 25th.
