Court defense for a speeding ticket Please proof read? Legal advice?
Let's start with how I got the ticket. It's a 77 mph in a 40 mph zone. Before you call me ignorant- It went from a 65 to a 40 on a major highway in NH. Also, if you call it reckless driving- the only thing I found OFFICIALLY on the state website was that if the speed is 26+ over you must show in court.
So basically it was a speed trap, and I was hungover early in the morning and not paying attention, going with the flow of traffic when a state policeman walks out into the middle of the highway and flags me down. &%@%~!
Okay, here's where I stand. I've gotten two tickets before, I'm 19. I got probation for my first, then I accidentally voided my probation by getting another ticket, so I got double punishment 20+45 days w/o a license.(this happened over a year ago) Since then I've been good, until 2 days ago when I got this. The trooper saw this history and told me to "add it to my record" and walked off, before I could explain my situation to him.
What I've learned: NH state police don't have to worry about not getting paid for court dates, so the trooper is gonna be there. He might ask me what Im going to plea so he can use it against me. It might be "reckless driving". 26mph+ is at least 0 charge. I don't want a lawyer, but I should have one? I do work with a state trooper as a coach at my DMV, I should go talk to him about it.
So here's my defense. Also if you have any advice like what to do on the court date (Dec 29, right after Christmas) let me know thanks. This is a rough draft
Defense
First off I would like to thank everyone present for their time they've taken to be here.
I am still not familiar with the route I was traveling on given the day I was stopped and summoned on my way to work. In the area where I was stopped the speed limit changes
from 65mph to 40 mph. Before the time of the stop I let off the throttle, decelerating and applied the brake, and was not given sufficient time to decelerate
down to the posted speed limit before the respectful officer signaled me to pull over. Things that attribute to my misunderstanding of the speed limit are
the aspect ratio, or height of the sidewalls of my
tires on my car is 10 millimeters smaller, offsetting my actual speed I recognize on my speedometer. The officer was scanning from
not a fixed position, but using two hands standing near his cruiser. Given my experience in Criminal Justice
as a college student and as a past intern with Pembroke Police, I know that a generic laser radar dector is not
accurate if presented towards an object at an angle beyond a mere eleven degrees. The officer was also standing
facing towards a large bend in the road, scanning my vehicle in the bend next to Exit one on Route 89 East, making my car also traveling at an angle.
I am a criminal justice student at NHTI, past intern with Pembroke Police Department, and work for the Department of Motor Vehicles in
the basic motorcycle rider training program. I need my license for my education, without it I be forced to withdraw from the school.
I am a Motorycle Training Instructor for the state, ID# 134405 I have been with the program for 4 years. As an
instructor my job requires I maintain an active, valid motorcycle and drivers license. I need my license
not only to get myself to school everyday, but I also need it for my two jobs I am maintaining, while in school, in order to
buy a motorcycle for my job as an instructor because I, like many college students, am struggling to get by financially. I attempted to explain my situation,
the same one I've presented here, to the officer but he interupted me and told me to "add this one to my collection". I do not have a criminal record.
If there are any additional or different weights that can be added in the abscence of a license suspension I
would be greatfully interested and estatically grateful for, thank you.
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June 7th, 2009 - 15:34
Smaller tires would make your speedometer indicate faster than you were actually going. If you were clocked at 77 your speedometer must have been reading over 80 so your defense of an inaccurate speedometer due to undersize tires won't work. It may actually work against you making you appear even more reckless.
I would suggest you check if there was a sign such as speed zone ahead prior to the 40 mph limit. My defense would be that either the sign was not there or was not clearly visible. Bring a video (and a portable DVD player) or at least photos of the route and signs. It is sometimes possible to negotiate the violation down to a lessor offense with evidence similar to what I stated. Speak to the prosecutor prior to your case being called to see if he will plea bargain. The fact that you interned with the police may help. With two prior convictions it is unlikely he will but you can ask and then present your evidence at trial if he won't negotiate. I wouldn't recommend you mentioning that you went over a year between speeding tickets. That is not "good". It only means you weren't caught although you were probably speeding almost every day. Myself, my wife, and our 3 children haven't had 2 speeding tickets between us in almost 20 years of driving. If the officer is not in court you can of course ask that the case be dismissed due to insufficient prosecution.
June 7th, 2009 - 15:34
I see no way of you getting out of this ticket. Seeing that you are a habitual offender, you will probably be suspended again.
June 7th, 2009 - 15:34
While well-meaning, that is simply dreadful. If you want any chance whatsoever, find a lawyer who specializes in speeding cases.