Contesting speeding ticket

I really was speeding. There's no doubt about that. I was busy talking to my wife and completely spaced the speed limit drop from 45 to 30.

Got an eight-two dollar ticket, and was prepared to shove it into the envelope when I noticed that the car was all wrong. The plate he gets right. He also nails the color. But the rest doesn't remotely resemble my car. He claims I'm driving a 2000 4-door Honda. In fact, my car is half a decade older -- a 1995 Chevy Cavalier. So my idea was I would go in there and contest the ticket on the grounds that this ticket obviously belongs to the guy driving the Honda.

Anyone have any experience where a disreprency on a ticket has voided it or reduced the penalty? I've always heard these stories of people contesting tickets on rather flimsy grounds and winning, but wasn't sure if these were old wives tales (usually the guys who tell me that only a fool would pay a speeding ticket are the same ones who claim we could run our car engines off water if it weren't for an oil company conspiracy).

It's one of those things. To contest the ticket I have to take off work and drive half an hour to the court house. I would still come out a little ahead if I actually recouped my 82 dollars, but if I lost than I'd really loose.

Anyway, if anyone has experience in these matters I'd appreciate the insight.

Birna

Reply to
denaman
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Well, what does your registration say?? If it says a Honda, then you might be in for a surprise...misuse of plates....if it says Cavalier on it, well I think the cop would be in error and the charges have a good chance of being dropped....

good luck and let us know how you make out....

Fwed

Reply to
fweddybear

Got an $82 speeding ticket (didn't notice that the speed limit had dropped from 45 to 30). Was about to mail in the fine and noticed that the car description was wrong. The plate and the color are right but the car is described as a 2000 4-door Honda. My car is a 1995 Chevy Cavalier.

Should I appear and contest the ticket on the grounds that it belongs to someone else driving a Honda? I would have to take off work and drive half an hour to the court house. _____________________________________________________

There is a 0 per cent probability of the ticket being dismissed because of conflicting evidence regarding the make of the car described in the . Do not use this argument. An angry judge will impose at least the full fine and may ask you to explain why a Honda's plates are on your Chevy

You could appear and offer the defense that although you did not notice the speed reduction sign you believed it was safe to drive at the ticketed speed because the traffic was well-spaced and light at that time of day, and that you will pay more attention to traffic signs in the future. Some possible outcomes:

1.) : The ticket will be dismissed because the judge agrees you were obeying the basic speed law by traveling at a safe speed, thereby overcoming the prima facie speed evidence.

2.) : The fine will be reduced to $62 because a. your basic speed law argument makes some sense, or; b. The court reduces fines for those who bother to show up.

3.) : The fine will be $82.)

If a guilty verdict will raise your insurance rates significantly, even a 6 per cent chance of dismissal may make it worth appearing. Otherwise it's probably best to just mail in the check and be more observant in the future.

Good luck.

Rodan.

Reply to
Rodan

Absolute bullshit... Talk to a lawyer.. He might get you off, but YOU KNOW YOU ARE WRONG.

Pay your ticket like a responsible citizen and get on with life.

Reply to
hls

I prepared a defense for a friend who was in the exact same situation you are in. He won his case.

As always, your mileage may vary. Good luck.

Chris

Reply to
Hal

If there are points associated with the fine (penal caode) that is how your insurance company finds out and raises your rate, then plea bargain for the minimum violation which becomes a win win situation. You win cause there are no points and a lesser dollar figure and the county wins cause they make some money.

Reply to
Ken

There is a 0 per cent probability of the ticket be Absolute bullshit... Talk to a lawyer.. He might get you off, but YOU KNOW YOU ARE WRONG. Pay your ticket like a responsible citizen and get on with life. ____________________________________________

"HLS" has a valid point about legal help. If you are willing to pay for an attorney, the probabilities change. An attorney familiar with the particular court can give you much more accurate advice.

Don't be discouraged by moralistic cheap shots. If you are driving safely and demonstrably obeying the basic speed law, you are being a responsible citizen.

Good luck.

Rodan.

Reply to
Rodan

See

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for more info.

Reply to
Bob M.

I wonder if the officer who wrote the ticket is one of those officers who have video cameras mounted on their dashboard. Aimed directly ahead. At the license plate. The one on your car.

Reply to
Beloved Leader

snipped-for-privacy@hotmail.com wrote in news:1160834036.777733.268840 @h48g2000cwc.googlegroups.com:

Buddy, call a paralegal. This is why paralegals exist. He can tell you whether or not you have a ghost of a chance to beat the rap.

Paralegals are cheaper -- and often more experienced -- than lawyers.

Reply to
TeGGeR®

Which would make said officer look like a flaming idiot because he wrote the wrong type of vehicle down on the ticket, thus invalidating the whole thing. If he got that wrong, how do we know he didn't get the speed wrong? Obviously he wasn't paying attention to what he was doing while writing the ticket, how do we know he was paying attention with his spiffy radar gun?

Honestly, of all the speeding tickets I've gotten(about 3 or 4) only ONE officer brought in a video camera, which actually improved my case. The ticket was dismissed. I've only lost once and went to traffic school for it. It pays to fight the tickets, most of them are bullshit entrapment-based anyway.

Chris

Reply to
Hal

Thanks everybody for taking the time to respond. Appreciate it.

Reply to
denaman

in a name or a street name for instance the ticket is disallowed.ask a lawyer about your states laws

Reply to
02civic

FWIW, $82 isn't a whole lot of money in the grand scheme of things. You *were* speeding and you know it. $82 isn't a whole lot to waste the time about.

For comparison: I was once the slow car in a pack of speeding cars, and since I was in the rear by time the cop came out, I got the $285 ticket. I was actually doing 30 in a 25, not the 41 I was ticketed for.

Something to consider.

-phaeton

Reply to
phaeton

I had a similar issue in court many years ago. When I raised the issue the judge said it could be grounds for dismissal but the cop could write another correct ticket and give it to me. I was young and foolish and didn't pursue it. If I were you I'd go to court and use it to cast doubt on the cops testimony. Supposedly they also write down a short report on the back of their copy of the ticket to remind them what to say in court. If that also has the wrong car listed its more indication of doubtful testimony. Traffic court is a kangaroo court so you never know what's going to happen, aside from the fact that almost everyone gets found guilty regardless of evidence.

Reply to
Ashton Crusher

You might want to try this web site to get some help.

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I've been a member for years and their web site is PRO DRIVER rights.

Hank

Reply to
Hank

Screw these "cheat on tickets" sites and firms. If you were speeding, pay the fine and slow down to a safe speed. Belly aching speeders bitching about paying tickets is one way to get me torqued in record time!

Reply to
DeserTBoB

Seems to me you could have had the second ticket dropped on grounds of double jeopardy, having had the court dismiss the first one. But IANAL.

Reply to
clifto

Reply to
Hank

"Double jeopardy" only applies to criminal procedings...not infractions of civil codes.

Reply to
DeserTBoB

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