Speeding Ticket Error: wrong posted speed on ticket

[ndnr8]

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

The stereotypical end of the month speed trap with 5 state troopers was pulling over just about everyone this Sunday AM. On her way to church (no, really) my wife was issued a speeding ticket and the officer wrote that she was doing 76 in a 65. The posted speed limit on that section of highway is 55 and is easily proven by signs before and after the area in which she was ticketed. It is actually a posted "Reduced Speed Area" on I-95. I am wondering if this error is enough to get the ticket dismissed, since the details are incorrect, or, if she risks going to trial, if the judge would adjust the already $215 ticket (!) upward by tacking on an extra 10 MPH over the limit.

On a related note, the teenage son of a friend was also pulled over during the same time period but was only issued a warning. He mentioned he was on his way to church and because he has a clean driving record, they cut him a break. My wife also has a clean record and was on her way to church. Is there any merit to arguing selective prosecution (if that's even the correct term)?

I appreciate any help anyone can offer.What is the name of your state (only U.S. law)?

 

[seniorjudge]

The selective prosecution defense rarely works in speeding cases.

Talk to the prosecutor and try to get a non-moving violation.

 

[j991]

Take pictures of the posted speed limit for the area and take them to court with you. It may get the case dismissed on a technicality, or the judge may just choose to amend the ticket to the proper posted speed. A trooper can warn, summons, or arrest so trying the selective enforcement will not sit well with the judge.

 

[Zigner]

Yes, I suggest that you DEMAND that you be charged for going 22 over and NOT 12 over!

 

[The Occultist]

The stereotypical end of the month speed trap

I'm getting sick of this nonsense. I've been pulled over all of three times in my life, and they never happened at the end of a month.

I used to have an officer for a neighbor back in the day. He rarely issues actual tickets, and was never once in any sort of trouble for not writing enough tickets.

But, let's pretend I'm completely full of it and officers are required to write a certain amount of tickets every month: that is no excuse for anybody to break the law!

 

[ndnr8]

We can argue this stuff till we get old & die, but what's the point? I came here looking for "free advice, unbeatable price" with a problem that may potentially cost me $215 to start plus whatever the insurance surcharge may be for however long. I got a couple of good responses with info that can help me, one jokester (pretty funny actually), and your confusing comment. Who would actually intentionally break the law and speed because they believe there is a quota system? How is this post helpful to anyone? I believe you think you are trying to help, but it comes off more self-righteous than anything close to good legal advice.

Most police officers that I know personally are decent people doing dangerous work and providing a much-needed service to the community. In 30+ years of driving I have only encountered one state trooper who pulled me over out of spite (not moving out of his way so he could speed- no lights, no siren, no pursuit, just wanted to go faster than the rest of us and I was doing the limit while passing a line of cars) and that ticket was tossed out by the magistrate- on a technicality which I pointed out after giving my account of what happened.

I'm not looking to beat a drug charge or murder rap. I have been told that a speeding ticket is a commercial instrument, and as such, it is a legal contract, which, if the information it contains is incorrect, is therefore null & void. This came from someone who has successfully used this defense and beat several speeding tickets. A "technicality" can get a drug dealer or murderer acquitted. It's the way the law works. The same holds true for traffic tickets. It's not about right & wrong, it's about winning & losing. If I end up with the money in my pocket, I win. If they can take it away from me, they win. It's a game and I want to win it this time. I need as much help as I can get to do that.

Thanks to those who offered their advice.

 

[The Occultist]

We can argue this stuff till we get old & die, but what's the point? I came here looking for "free advice, unbeatable price" with a problem that may potentially cost me $215 to start plus whatever the insurance surcharge may be for however long. I got a couple of good responses with info that can help me, one jokester (pretty funny actually), and your confusing comment. Who would actually intentionally break the law and speed because they believe there is a quota system? How is this post helpful to anyone? I believe you think you are trying to help, but it comes off more self-righteous than anything close to good legal advice.

Because it upsets me when people use the "quota system" excuse, as if nobody would ever be pulled over if not for these quotas everybody has to reach.

Most police officers that I know personally are decent people doing dangerous work and providing a much-needed service to the community.

Agreed!

I'm not looking to beat a drug charge or murder rap. I have been told that a speeding ticket is a commercial instrument, and as such, it is a legal contract, which, if the information it contains is incorrect, is therefore null & void. This came from someone who has successfully used this defense and beat several speeding tickets. A "technicality" can get a drug dealer or murderer acquitted. It's the way the law works. The same holds true for traffic tickets. It's not about right & wrong, it's about winning & losing. If I end up with the money in my pocket, I win. If they can take it away from me, they win. It's a game and I want to win it this time. I need as much help as I can get to do that.

You're correct to an extent; certain errors on a ticket will indeed invalidate them. Things you need to be aware of is that they could amend the charges before your court date, or if they don't and you request a dismissal, they may dismiss it, and it's possible that you might receive a new charge.

Your best bet is to bring a traffic attorney with you. I local attorney knows exactly what the courts like to hear, and as such have the highest potential for yielding the most favorable results. Many attorneys will offer free/cheap consultations, so take advantage of that and sit down with a couple to see what insight they may have to offer.