When cop writes speed lower on ticket than actually caught at...

[Big_Pete]

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

Suppose you choose to fight the speeding ticket in court but the cop wrote the speed on the ticket lower than he actually caught you at. Will it be more difficult to beat that kind of ticket than a ticket with the true speed?

 

[I_Got_Banned]

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

Suppose you choose to fight the speeding ticket in court but the cop wrote the speed on the ticket lower than he actually caught you at. Will it be more difficult to beat that kind of ticket than a ticket with the true speed?

Why would you assume it would be more difficult (or even easier for that matter) if he put a lower speed on the citation than what he clocked you for?

The ease or difficulty of "beating" a speeding ticket depends solely upon your ability to articulate a reason as to why it should be OK for you to drive at a higher speed than the posted speed limit... If and when you can do that, you're home free...

There are obviously other ways depending on the circumstances....

If an officer did in fact write you up for a lower speed than what he measured, then he is generously & voluntarily giving you a break (possibly lowering the speed so as to put you in a lower speed bracket that carries a lower fine)...

With that in mind, I have 2 bets here... One says that the officer will also write a few notes on his copy of the citation including the fact that he did give you suck a break as well as the actual speed that he alleges you were driving at. And the second bet is that if he gets called to testify in court, he will mention the speed he alleges you were driving and the fact that he wrote you up for a lower speed.

 

[geoff5093]

What I was thinking was say he wrote you down as going 19 over instead of 20+, and if you take that to court and lose you may end up getting the ticket for going 20+ instead of the one he originally wrote, unless that is unlikely to happen.

 

[I_Got_Banned]

What I was thinking was say he wrote you down as going 19 over instead of 20+, and if you take that to court and lose you may end up getting the ticket for going 20+ instead of the one he originally wrote, unless that is unlikely to happen.

OK, you are getting tried for the vehicle code section & the # of miles that are stated on the citation. Nothing else!

The officer has the option to mention the higher speed in his testimony and chances are he will but that by no means would suggest that if you're found guilty that you're convicted of the higher speed. Only the speed on the citation.

There is a very slight possibility that if and when a case ius dismissed for whatever reason it might be, then they have the option t re-file the case at which time they might file it with the higher speed but it is very rare that they would re-file because chances are if there is a defect/insufficient evidence/etc in the original case, the re-filed case would have the same problem.