T Nation

Fight Speeding Ticket

Anyone know how to do this? Yes I know, aside from not speeding. I dont mind the ticket but the points and then the insurance will end up being too much and will cut into my already minimul Biotest fund. thanks for all your help because i really need it.

As a former cop, you are better off just getting a traffic lawyer and paying him a little extra. You will get some sort of nonpoint violation. This also saves you from going to court. I lost one speeding case because the PA screwed up, not me. The only way you would probably win was if the officer didn’t show up. When someone tried to introduce case law and they weren’t a lawyer, it never went over well at all with the judge. If you have any questions, feel free to PM me.

I’ve always heard that if you go to the DA or whatever and just say yeah I was speeding, can I get some of the points and or fine knocked down they will probably go for it. At least that’s what I have heard, never had to do it personaly!

Your best bet of winning is if the cop who wrote the ticket does not show up for the hearing. There are a couple of things you could do to boost the chance of this happening. First try to get the court date changed to a diff day. Chances are the cop schedules part of his day so that he can get all the cases he is involved in done in one day. If you change it the day might be when the officer is off duty or on patrol. Call and say you’re sick or going to be out of town on vacation.
Another option is to get a “change of venue to the county seat.” Basically in every county there is one court house that is considered the county seat so if your ticket was written in a town that is not the county seat the case will be held in a court that is in a diff town and the officer will not drive to a diff city just for one case.
Good luck in “sticking it to the man.”

Find out if your state or county clerks office offers a driving school. You will have to pay a fine but most of the time theres no conviction on your driving record after completing the class. Or see if there is a supervision option. Either way you will end up paying money. That’s what its all about in the court system.

PBJ: Probation before judgement. They usually let you do this once every two years, depending on your state. If you have a clean record, they give you probation, which means court costs and a small fee. No points, no conviction. If you get another ticket within the two years of probation, you get double fine, double points. I’ve done PBJ twice.

i was looking online and found some semi-informative stuff. one method suggest writing in to get the information for the case and i guess that they rarely ever send it to you so you get dissmisal based on the right to a fair and speedy trial deal. any legitamacy to this??

I think it depends on the situation. I HONESTLY wasn’t speeding. I had pictures of the area and proof that I wasn’t speeding. The speed limit changes from 40 to 60 and he said I was still in the 40 when I was doing 59.

But, to make a long story short, if your ticket is, say, $100 bucks, and you make that in a day at work, I would just go to your first court date and try and settle with the prosecuting attorney. They call you in one by one and ask what you want to do (or so they did in my county). Even though the final price I paid was more then my speeding ticket (by $10), it didn’t go on my record. I said I would like it to get dropped down to “Public Nusiance On Highway” instead of going 19mph over the speed limit. In our county, I don’t believe public nusiance on the highway is a moving violation because there can be other instances that don’t involve speeding. So my insurance never changed, either.

I don’t know if you would want to spend the money on a lawyer. Its kinda pricy and the payoff in the long run probably won’t be worth it.

if the gunned you at one speed but gave you a ticket for another, is the gunned speed noted or just the speed they gave you? its a small difference in my case but puts me a lot closer to some sore of nuisance case than the higher.

First of all, I’m a cop. In NJ there’s a statute called “Unsafe Operation”. Cops can’t issue a summons for it, only the courts can charge you with it. It’s a catch-all charge used to downgrade almost any other moving violation, no points, just pay the fine. See if your state has something similar.

Your best bet is not to get a summons in the first place. Most cops don’t make up their mind if they are going to issue a summons until they speak with the driver. Maybe you have a good reason to be speeding, maybe you have a family member on the job, maybe you are just an all around great guy.

If you come off with an attitude or insult him with a Dunkin Donuts joke, or “Don’t you have anything else better to do?” or "You’re only stopping me cause I’m (insert racial group here), I can guarantee you will get a summons. You might even get your car towed, locked up and/or catch a beating.

My best advice is, treat the cop with respect. You can MF him all you want after the stop. Cops have a tremendous amount of discretion. A little respect and common courtesy goes a long way.

yea, i was stopped one time for some dumb reason and should have taken it to the judge but i just paid it. during the small talk me and the officer had, he asked me if i was in the service because i was so respectful. obviously not respectful enough though because he wrote the ticket anyways. as he was doing this, two other cops pulled cars over behind me for the same reason. new intersection, at an area that had been developed real fast made for a lot of confusion and money to be made that day.