Can i fight this speeding ticket?
Recently I recieved a ticket for 6.00 for going 15 mph over the posted speed limit. The speed limit was 40 and I was put down for doing 55. The reason i was going 55 was that i had just turned onto that road from another road and had not seen a speed limit sign yet. Also i was going 55 because i remembered the road being 55 when i had used it before. Right when i reached 55 mph i saw the cop lights and it pullled out of the plaza. I slowed down just to let it pass me but then i realized i was getting pulled over. Finally i passed the first speed limit sign saying 40 mph. I told the officer i thought the road was 55 but still i recieved the ticket. After that i proceeded in the same direction only to find that not even a mile later, the road speed limit changes to 55 mph. A day later i went the same path to make sure there were no posted speed limit signs between when i turned onto the road and when the officer pulled me over. There weren't. Can i fight this? Is it worth fighting or will court fees and whatnot come out to be the same price as the ticket?
Thanks in advance
October 22nd, 2009 - 12:13
honestley bro its easier to just pay the 256 it might cost you more to fight it plus u have to sit in court for a while its just annoying….. ive done the same thing and if the cops in a bad mood theres nothing you can do to stop him from writing the ticket
but if you have proof that tjhere is no way at all from knowing its a 40 MPH zone i would fight it
October 22nd, 2009 - 12:13
not in your case. what you will hear is "ignorance of the law is no defense’, as in you not knowing th espeed isn’t a reason/defense for speeding.
also, even if you really think you weren’t speeding, it’s very hard as they wil bring in the cop and the records for testing the speed gun, etc.
the best you can do is accept a plea bargain and this may come in a couple different ways. recently i got a ticket and in a few days a plea agreement came in the mail. or you can go to the hearing and ask to spaek to the ada, he will plead you donw or you will set a date for trial.
as for the ‘fact’ tha there is no posted 40mph, this is what drivers ed and the dmv manual are for. streets are restricted by law to a certain speed depending on their use. and the manual will tell you what speeds are on what types of streets of there is no posted speed….
sorry.
October 22nd, 2009 - 12:13
There’s an old principle that ignorance of the law is no excuse. You can’t use the fact that you didn’t know the speed limit as an excuse.
But if you go to court and plead guilty (because, let’s face it, you are!) you can then explain to the judge how this happened, and he may well lower the fine for you. If you plead innocent, all the cop has to do is to testify that you were going faster than the speed limit and you have no real defense against that.
October 22nd, 2009 - 12:13
It is ALWAYS worthwhile to go to traffic court. You might get a sympathetic judge. The policeman may not show up (you win instantly) or the judge may offer you your state’s equivalent of "Probation before Judgment" which means you pay a smaller fine or no fine at all, but get no points if you stay ticket-free for the next year.
If you do go, get a map of the area, and mark where the speed limit signs are, and if you can, take pictures to demonstrate where you entered, and never had a chance to see the signs. But if it makes common sense that the road they pulled you over on would NEVER have a 55 MPH limit, the judge may rule against you anyway.
October 22nd, 2009 - 12:13
You were speeding, that is a fact.
You should be able to get the ticket reduced, since there are no posted speeds. However it is considered to be your responsibility to know the speed limits.
Then you should complain to the county about the positioning of the signs. It could just be that a sign was knocked over. It happens frequently.
October 22nd, 2009 - 12:13
yeah you can try to fight it