Ticket has two speeding descriptions. Which will the court or judge recognize?

[Friendlyone]

What is the name of your state? Michigan
My speeding ticket reads under "description" as "Speed 30/25". Also, in addition to this, under "Remarks" the officer wrote "Actual 42/25." My question is what speed will the court or judge fine me for if found guilty? Why did he write two different speeds? Can he prove I was going one speed over the other from his radar?

 

[cbg]

Hmmm...Zigner, do you have the crystal ball this week? Or is it Quincy's turn?

 

[justalayman]

The 30/25 is what op is charged with.

The 42/25 is a claim of what the cop can support

If he can prove you were going 42, you obviously had to be going at least 30 so that is also proven.

The points and fines are greater on the higher speed. Cops use this to urge people to just plead guilty rather than fight what could be the ultimate charge. They call it giving you a break.




Whether the cop can support any of the claims is something that can’t be determined here. If they can support the higher speed, the state could amend the charge to the 42/25 if they wish. I can’t tell you if they ever do or not.

 

[FlyingRon]

I agree with Justa. The cop was giving you a break. By undercharging you, he saved you $50 in fine.

 

[pac72]

and possibly saved points on license , in pa 5 mph speeding or less is a fine only , over 5 mph carries points..he gave you a break in my opinion

 

[FlyingRon]

It saves him two points in Michigan. Under ten over is two points, 16+ is four points.

 

[Zigner]

Hmmm...Zigner, do you have the crystal ball this week? Or is it Quincy's turn?

Sorry, I was out of town. I left it on my shelf at home while I was gone, but the cat seems to have spirited it away.

 

[HighwayMan]

Sorry, I was out of town. I left it on my shelf at home while I was gone, but the cat seems to have spirited it away.

But what about your Magic 8 Ball?

 

[Zigner]

But what about your Magic 8 Ball?

We're not speaking right now.

 

[chatomairi]

What is the name of your state? Michigan
My speeding ticket reads under "description" as "Speed 30/25". Also, in addition to this, under "Remarks" the officer wrote "Actual 42/25." My question is what speed will the court or judge fine me for if found guilty? Why did he write two different speeds? Can he prove I was going one speed over the other from his radar?

My assumption would be, the ticket he wrote up for the actual violation was 30 on a 25 but in actuality, he clocked you in at 42 on a 25. It's probably a break he gave you but since he wrote it down I would be a little caution. If you would try to fight it, I would assume the court will take the actual speed into consideration.

 

[PayrollHRGuy]

My assumption would be, the ticket he wrote up for the actual violation was 30 on a 25 but in actuality, he clocked you in at 42 on a 25. It's probably a break he gave you but since he wrote it down I would be a little caution. If you would try to fight it, I would assume the court will take the actual speed into consideration.

I'd assume that as well because that is pretty much what was written on the ticket.

 

[Friendlyone]

I fought the ticket in court for about an hour. The officer had no evidence but his word that I was alledgedly going 30 in a 25 zone. The majestrate ruled on his word without any forensic evidence. So this seemed odd as the ticket writing officer was silent and the one that handed me the ticket answered all the questions. The officers and judge seemed impatient and perturbed at me. The officer also gave differing answers as to when the radar was on. One said it was always on and the other said they just turned it on. So even without evidence the judge took their word so what is the sense of going to court?

 

[Zigner]

I fought the ticket in court for about an hour. The officer had no evidence but his word that I was alledgedly going 30 in a 25 zone. The majestrate ruled on his word without any forensic evidence. So this seemed odd as the ticket writing officer was silent and the one that handed me the ticket answered all the questions. The officers and judge seemed impatient and perturbed at me. The officer also gave differing answers as to when the radar was on. One said it was always on and the other said they just turned it on. So even without evidence the judge took their word so what is the sense of going to court?

Testimony is evidence. Their evidence was more convincing than yours.

As to your question about the radar: When you asked when the radar was "on", did you define "on"? Two differing interpretations could be had. One - "on" means when the equipment is powered up. Two - "on" means that the radar is actively measuring speed. With that in mind, the answers don't contradict each other.

 

[Friendlyone]

Testimony is evidence. Their evidence was more convincing than yours.

As to your question about the radar: When you asked when the radar was "on", did you define "on"? Two differing interpretations could be had. One - "on" means when the equipment is powered up. Two - "on" means that the radar is actively measuring speed. With that in mind, the answers don't contradict each other.

So if their testimony "Trumps" a citizens testimony the officers are always seen as telling the truth? What about bias or DWB (driving while black)? This seems like an opportunity for corruption. If the officers know they will always be believed. I would think some evidence such as documented readings while showing my car going by with a dash cam would be more appropriate to present in court.

 

[cbg]

Well, what evidence besides your word did you have?

You have a vested interest in getting the ticket dropped. The cop gets paid the same whatever the outcome. So who would have a stronger reason to lie?