Questionable speeding ticket

[ijpearson]

What is the name of your state (only U.S. law)? Michigan

Yesterday, while riding my motorcycle, someone was following very close to me. I pulled away from them, and right then an officer came out of one of the side streets and pulled me over. He gave me a ticket for "30 in a 25," and informed me that the residents of the area had been complaining about motorcycle noise and that they have been driving too fast. Now, I do not normally take this route, so it's not like anybody gave complaints about my bike.

The ticket does not have a court date, but says that I must appear or pay within 10 day.

Now the cop told me he was "cutting me a break", and that he clocked me at 39 in the 25, but there is no way that is true because my speedometer never even went near 35. Meanwhile, the guy tailing me took off scott free. The officer wrote "39 mph" on the ticket in the remarks section, so I'm not sure I can even fight this ticket, as it makes me nervous that I'll just end up paying more.

Can I just go to the court anytime since it doesn't have a date or time? Or do I have to call and schedule a hearing? And is it even worth fighting, or am I better off just sucking it up and paying the ticket and asking for the traffic course, to avoid points on my license?

I've been told I should fight it, because chances are, he won't show up for such a small instance, but could fighting it make it any worse?

 

[FlyingRon]

Can I just go to the court anytime since it doesn't have a date or time? Or do I have to call and schedule a hearing? And is it even worth fighting, or am I better off just sucking it up and paying the ticket and asking for the traffic course, to avoid points on my license?

You have to contact the court to get a hearing date. If you don't do so in the time period mentioned, you're assumed to waiving any protest and will be considered guilty. You'll also be considered guilty if you just pay the ticket.

I've been told I should fight it, because chances are, he won't show up for such a small instance, but could fighting it make it any worse?

Well, you can try that, but these things tend to get scheduled for the officer's convenience. The hearing is actually gravy duty for him, rather than an imposition. But you are right, if he doesn't show, you'll get off. The hearing is rather casual, and you can try whatever lame defense you want (speding up by the way, is the wrong answer to being tailgated). The big potential downside is that if the officer does indicate you were going faster than what he wrote you for, the magistrate can increase the fine to match your actual speed.

Of course, if you lose you can always request the formal hearing. This will be in front of a judge, and I'd recommend if you want to push it that far to get an attorney.

 

[ijpearson]

If I contest it and lose, though, I can also just request the traffic school to erase points, though, correct?

I doubt that officer is really going to remember that he wrote that I was going over. It was a printed receipt, and on the actual case, it doesn't say anything, it's just hand-written on the receipt.

 

[FlyingRon]

If I contest it and lose, though, I can also just request the traffic school to erase points, though, correct?

The courts have nothing to do with traffic school. Once you have been convicted the secretary of state will likely send you the notification letter offering you to option of getting the charge dismissed if you take the traffic school (you have to have a fairly clean record, no CDL, and the offense is less than a three pointer). You have 60 days.

Your other option is to take traffic school and you can either have the diploma sent to the DMV (if they require it for having too many points) or to your insurer (to see if they will reduce your rate) but not both.

I doubt that officer is really going to remember that he wrote that I was going over. It was a printed receipt, and on the actual case, it doesn't say anything, it's just hand-written on the receipt.

Don't be too sure. Officers have memories and they're allowed to keep notes.