T Nation

Plead Not Guilty on a Speeding Ticket?


#1

Just got a speeding ticket for doing 81 in a 55. Cop was a real dick, he was saying he smelt weed in the car and that my eyes indicated that i was on narcotics. I smelled no weed considering i dont smoke it and i dont take narcotics either. Anyway I'm thinking of pleading not guilty and hoping the cop doesnt show up for the court date or that it at least gets knocked down to something else. What do you guys think? Isnt it always best to plead not guilty?


#2

Depends on what your otions are, and depends on what state you are in.

No Contest will generally have a null effect on insurance, but you will have to pay court fees and ticket fine.

Dismissal of ticket thru Defensive Driving will require:
Plead No Contest
Court Fees
Defensive Driving Course Fee
Ticket Fine (Possibly)
*May not work since you were speeding over 25mph

Dismissal of ticket thru Deferred Judication will require:
Plead No Contest
Court Fees
Ticket Fine (Possibly)
A probationary period of 1-6 months where you must not get any kind a moving violation

Plead Guilty:
Court Fees
Ticket Fine
Possible increase in insurance rates (especially if under 25 years old)

Not Guilty:
Court date will be set
If the cop doesn’t show up you win.

You can request the radar gun be calibration tested. If it is off by more than 5mph, you win.

If the radar gun didn’t lock you in, and the cop just claims the last number he saw blip on the screen, you win.

You may be able to argue your way out if there was anything significant going on in the area. Big rig convoy. Large amount of traffic, and the cop tagged the wrong guy. This can get messy, Be Very Prepared.

If you lose, you will pay court fees, ticket fine, plus other possible fees (cop having to be in court all day). You will be found guilty and possible increase in insurance rates (especially if under 25 years old).

If you go to court DON’T MENTION ANYTHING YOU ARE NOT BEING CHARGED FOR. Don’t mention the cop was a dick. Don’t mention he thought you were high, but you don’t do drugs. Focus on the charge against you.


#3

This is what I do (in TX)

File for trial by jury…this should put your trial way in teh future.

Hire a 95$ lawyer too.

In my case it was dismissed becasue the cop didn’t make it. If he would have it would have been handled by the traffic lawyer.

I never even saw my lawyer or met him.

Day of court there was a roll call, then 10 minutes later the judge called me up and gave me a dismissal form.


#4

You did 81 in a 55, you’re guilty of speeding…


#5

[quote]Sick Rick wrote:
You did 81 in a 55, you’re guilty of speeding…[/quote]

Innocent until proven guilty.

:slight_smile:

Good luck. I am curious to hear how a not guilty plays out. I have friends that always claimed that springing for a lawyer has gotten the best results.


#6

go and plead not guilty… the cop will very likely not show up


#7

Was this in TX? If so PM me.


#8

Plead not guilty and file a motion of discovery. The state will have to send you all the evidence against you (radar, dash cam if there was one, etc). Maybe you’ll get lucky and the evidence is incomplete. Also, that will probably extend the court date and might increase the chances of the cop not showing up. Just a thought, anyways…


#9

I’m still amazed that you can plead not guilty.

If you did 81 in a 55 around here, you’d have lost your drivers license and gotten a bigass fine…


#10

I dont know what state this happened in, but I get paid overtime to show up for court and it is also required per my department. That is common. A lot of people show up in court, see that we are there and then plead guilty.

Also, dont forget if you plead not guilty and then lose in trial, you may lose the option of going to driving school.


#11

I live in NY. This happened on the Taconic highway. If i go up for the court day and i see hes there ill just plead guilty


#12

Ask for the radar calibration.