• 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.

Speeding 47 in a 25

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

wuchadwi

Junior Member
What is the name of your state? MI

Hi I got a speeding ticket for 40 in a 25. I was actually going 47 but the officer gave me a small break. I also had a No proof of insurance which I should be able to take care of by bringing my insurance slip in.

This is my first offense and I'd really rather not have 3 points on my license from the speeding. What should I do? Do I admit responsibility with explanation, or deny responsibility?

Thanks in advance.
 
Last edited:


JETX

Senior Member
Do I admit responsibility with explanation, or deny responsibility?
In other words.... you are asking us if you should tell the truth... or lie to the court.
Guess what way the responsible members of this forum would say.
 

JIMinCA

Member
In other words.... you are asking us if you should tell the truth... or lie to the court.
Guess what way the responsible members of this forum would say.
Dude, not pleading guilty is not lying. In this country, all men are innocent until PROVEN guilty and all men have the right to not self-incriminate.

I guess I must be an irresponsible member of this forum.
 

wuchadwi

Junior Member
In other words.... you are asking us if you should tell the truth... or lie to the court.
Well I was obviously speeding and I intend on admitting responsibility, but i thought if you admit with explanation that your charge couldnt change, only the fines/costs. I want to see if they can somehow reduce my charge or let me take a traffic school so I dont get the points on my license, so i thought i had to deny responsibility instead. However, im not sure if any of that is correct, which is why I came to get advice here :)
 

Hey There

Member
The Ball is in your court

1-11-08

wuchadwi,

16) If a person has received a citation for a violation of section 328(1) for failing to produce a certificate of insurance pursuant to section 328(2), the court MAY waive the fee described in section 328(3)(c) and SHALL waive any fine, costs, and any other fee or assessment otherwise authorized under this act upon receipt of verification by the court that the person, before the appearance date on the citation, produced valid proof of insurance that was in effect at the time the violation of section 328(1) occurred. Insurance obtained subsequent to the time of the violation does not make the person eligible for a waiver under this subsection.
THIS VERIFIES that
Upon showing you had insurance at the time you were cited the matter will be settled (Here it involves a processing fee of $10.00)
The clerk at the court should be able to tell you if a form needs to be signed by your insurance agent verifying that you had insurance at the time you were issued the citation or if you can verify it by bringing your proof of insurance to court.
A court clerk should also be able to tell you under what conditions traffic school is available.
FACT:
You and every driver who is cited for a traffic violation may enter a Not Guilty Plea. The traffic ticket lists this as one of the options, based on the concept that a person is innocent unless proved otherwise..
As JIMinCA states
There is no obligation for any driver to incriminate himself in court . Entering a not guilty plea is NOT lying. The defendant is saying that he is not acting as a prosecutor proving his guilt, but is acting as a person innocent unless the court can prove him guilty.
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
Your Post:
This is my first offense and I'd really rather not have 3 points on my license from the speeding. What should I do? Do I admit responsibility with explanation, or deny responsibility?

FACT:
Only the driver who was cited can decide, given his circumstances ,
what is the best course for him to take.
FACT:
The more options a person considers the better chance to make a decision that is best for him.
FACT:
As suggested in the book Beat Your Ticket published by NOLO the best way to see how a judge may rule in your case is to go to court (before your court date) and observe how the judge rules in cases similiar to yours.
One website to get a overview of how a traffic ticket progresses through the court system is "Speeding Ticket -- Fighting or Plea Bargaining "-------- One of the most popular forms of plea bargaining available to you is referred to as driving school or, another variation of the same thing etc.

Best Regards,
Hey There
 

JETX

Senior Member
Dude, not pleading guilty is not lying. In this country, all men are innocent until PROVEN guilty and all men have the right to not self-incriminate.

I guess I must be an irresponsible member of this forum.
No one said anything about not pleading guilty or self-incrimination.
The OP admitted that he was speeding (even that the officer gave him a break from 47mph to only 40mph). The OP then asked "Do I admit responsibility with explanation, or deny responsibility?"

The ONLY two answers to that question are:
1) Admit responsibility since it is the truth, pay the fine and learn from it, or
2) Lie about it and try to offer some bogus 'defense'.
 
Last edited by a moderator:
No one said anything about not pleading guilty or self-incrimination.
The OP admitted that he was speeding (even that the officer gave him a break from 47mph to only 40mph). The OP then asked "Do I admit responsibility with explanation, or deny responsibility?"

The ONLY two answers to that question are:
1) Admit responsibility since it is the truth, pay the fine and learn from it, or
2) Lie about it and try to offer some bogus 'defense'.
FAlse - You are thinking of Ethiopian Feudal law where the defense has to prove they are not guilty - under US consitutional law the prosecution has the buirden of proof. In the case of victimless crimes where the State is simple trying to collect revenue not perform a public safety function there is little reason for one to help the prosecution. If you feel so strongly though the next time YOU violate one of the thousands of laws of the land such as jaywalking please go report YOURSELF and pay the fine.
 

JIMinCA

Member
FAlse - You are thinking of Ethiopian Feudal law where the defense has to prove they are not guilty - under US consitutional law the prosecution has the buirden of proof. In the case of victimless crimes where the State is simple trying to collect revenue not perform a public safety function there is little reason for one to help the prosecution. If you feel so strongly though the next time YOU violate one of the thousands of laws of the land such as jaywalking please go report YOURSELF and pay the fine.
Well said.
 

Find the Right Lawyer for Your Legal Issue!

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