• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Please Advise: Officer Charging me with a speed less than what he said he clocked

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

wowimawesome

Junior Member
What is the name of your state? Mass but it happened in rhode Island

I was driving in rhode island.

I was in fact, speeding.

The police officer seemed like a nice guy. He comes back to my car, says he clocked me at 84 miles an hour, but was only going to charge me with a 70 in a 65. (Supposedly this saves me about 300 bucks according to him).

The ticket says my "actual speed" was 70. Next to it though is a box that says "police use" which states 84... does this box mean he clocked me at 84? If so, how can he write on the same ticket that piece of information ALONG with saying my actual speed was 70?

It just seems a little fishy if you ask me..

So here is my delima. I figure if he has me at 70 I could probably contest this and get out of it entirely. It was a very rainy day with poor visibility. But I am also worried that if I do make a big deal he'll come back and say "he was actually going 84, charge him the max"

Truthfully, I don't care at all about the fine itself, it's the insurance going up that I don't like.

A) Can an officer literally write down "Actual speed" as 70 miles an hour but then come back and say later, if i choose to contest it, that it is higher?

B) what do you think this officer's motives are?

C) what do you think I should do?

Thank you for the advice in advance.
 


CraigFL

Member
I wouln't want to have to stand in front of a judge, under oath, and tell him how fast I was really going....
 

wowimawesome

Junior Member
Well for starters I don't think I was going as fast as what he said, and that day the visability was very poor. I don't mind paying the fine, but I am concerned about insurance. I would like to have the opportunity to maybe go to the hearing and see if I can have the point off my record if I took a safe driving class or something. How could I do that without risking it being jacked back up? How can an officer say I was going at two different speeds?
 

justalayman

Senior Member
well, if he clocked you at 84, when you slowed down to stop, you hit every speed between 84 an 0. PICK ONE, he did.


were you guilty of driving 70? If so, if there is any sort of trafic school or any other diversion, then seek it but trying to plead not guilty is at least, dishonest.
 

Hey There

Member
The Ball is in your court

3-9-08

wowimawesome

Because you were cited in Rhode Island and don't have a Rhode Island Driver's licence , Rhode Island can't assign points to a driver's licence you don't have. Unless the information on the internet is outdated Massachusetts won't either because Massachusetts doesn't have an agreement with other states to report drivers traffic violations.
If you want to contest this ticket you may file for Discovery. You have the option of going to a local library and reading instructions from a book published by NOLO on traffic tickets or you can check out websites on Google by typing in Discovery for Traffic Tickets and clicking on the websites on the first page. For information on fighting a speeding ticket two websies with information are Speeding Ticket--Fighting or Plea Bargaining and Speeding Ticket FAQ.
As stated in all legal references a Not Guilty Plea by a defendant doesn't necessarily mean that the defendant is innocent of the charge, although he may be. What it means is that the defendant is saying that the court must prove the charge against him. A defendant is entitled to his day in court.
The rules of the court where a hearing is to be held need to be checked into . Time limits are important.

Best Regards,
Hey There
 

justalayman

Senior Member
3-9-08

wowimawesome

Because you were cited in Rhode Island and don't have a Rhode Island Driver's licence , Rhode Island can't assign points to a driver's licence you don't have. Unless the information on the internet is outdated Massachusetts won't either because Massachusetts doesn't have an agreement with other states to report drivers traffic violations.
My info states that Rhode Island and Mass are both members of the Nonresident Violators Compact and Rhode Island but not Mass is a mamber of the Drivers License Compact. So ,what that means is Rhode Island will communicate this to Mass and Mass can apply points if that is how they treat an out of state ticket. Haven't looked it up so it may not happen that way.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top