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Fighting a speeding ticket. What is true?


midnightdeirdre

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This has been on my mind. Curious if there is any truth to it.

 

Is it true that if you get a speeding ticket, and you decide to fight it, the only way you can lose is if the cop shows up to your hearing?

 

I got a speeding ticket back in summer '05. I fought it and won. The cop didn't show up.

 

(This may not have been the correct forum to post this in.)

 

Thanks!

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Typically, the only way you can get it tossed without spending money is a cop no-show, and even then, some states don't require the officer to show and will just go off his / her notes. You can hire a traffic lawyer who will fight the ticket through means such contesting the equipment (suggesting the radar was faulty, which, more often than not, they are in fact miscalibrated to some degree). From what I've heard, it's a pretty high success rate. But, again, you're dropping dough even if it might be less than the fine you'd otherwise receive.

 

If you're hoping to show up and contest the officer and win, though... can't say I've ever heard of it happening without there being a fatty mistake mixed in there.

 

Not related to speeding, but luckiest I've ever got was when I got ticketed for an expired drivers license. Went to court with a dozen others who were ticketed for the same. They were actually digging up driving records and finding those who had suspended licenses on top of it and upgrading their charges. I went by unscathed. When I went to the DMV later that week to renew mine, I found out mine had been suspended for getting two speeding tickets while under 21 years old. Not sure how that didn't come up in my records in court, but I didn't ask any questions.

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Depends on the state. In my state, if you plead not guilty and show up to court, the judge automatically pleads it down to a minor moving violation. You can then plead guilty to the lesser charge or get a new court date and fight your case.

 

I did this once. Showed up, sat with some pot heads for an hour while I watched other cases go through, judge allowed me to plead down to the minor violation, I paid $100, and I went home.

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The state I live in allows the following: If you have a clean record, and this is your first violation, you're allowed to obtain a copy of your driving record (for a small fee), present it to the court, and told if you have no further violations with 6 months, there are no charges or fees, and you're good to go.

 

This is in reference to my husbands speeding ticket which happened approximately 3 years ago.

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The state I live in allows the following: If you have a clean record, and this is your first violation, you're allowed to obtain a copy of your driving record (for a small fee), present it to the court, and told if you have no further violations with 6 months, there are no charges or fees, and you're good to go.

 

This is in reference to my husbands speeding ticket which happened approximately 3 years ago.

Here if you have a clean record you're allowed to plead down to a lesser charge . $50 and no points.

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I got a speeding ticket about a year ago. I went to court (the cops didn't have to show up) and you sign up for a brief, free consultation with a traffic lawyer. He pulls your record and says "I will do this to the violation under these terms." In my case, it was plead down to defective headlight if I did traffic school.

 

Then, you go in and the judge pulls people up one by one. When it was my turn, he said "Your driving record is perfect, I'm nixing what the lawyer had and cutting your fine in half. No traffic school, moving violation, have a nice day."

 

If you have a clean record, I think you'll always be better off at least showing up.

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There is a lot of grey area. It all depends on the prosecutor and the judge you are dealing with. Bottom line.

 

 

I am not proud of this but I have a very bad driving record, speeding, racing etc. I wont get into it but ive

been to court many times for stupid things.

 

 

I know the system. In my state if you have a clean record they are most likely going to let you go with just

a donation, if you are like me they will let you go with a lesser charge and lower the fine.

 

for example last time I went for speeding it was 387 dollar charge was speeding over 82mph

 

I left with a lower charge and 50 dollar fine, to me it was worth it.

 

I know a girl who had 3 speeding tickets and plead guilty to all of them and ended up getting her license suspended.

 

 

My license has never been suspended and I've even had racing/reckless stuff.

 

 

I am also from NE so I could give you advice lol.

 

 

and the cop thing, idk about your state but my state you meet with the prosecutor first,

 

if you don't make a deal or what to fight it more then you go to the Judge, but with the

judge if you lose, you might end up paying court fees as well. They also sometimes will

pick another date so that the cop can show up if he wants to.

 

 

 

I also have a CJ degree lol

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  • 1 month later...

I've appeared in court to contest at least three speeding tickets, and no matter how strong my case, I've lost each time. The smaller the jurisdiction's population, the more likely it is a kangaroo court where the wink and nod is that the county or city depends on the revenue.

 

As others have said, your chances improve if the officer who issued the citation does not show up in court. However, they set the court dates so all of that officer's tickets for a given month come up on the same date. They've always been there for me, against me, actually. One officer had the date, time, place, and literally every other detail wrong, which I proved with evidence, but the judge still accepted the officer's word over mine on the speed I was traveling.

 

Keep in mind that with court costs an uncontested $120 moving violation could be $1,000 after you plead not guilty and are found guilty. In my experience, that $120 or so ends up being about three times that amount in court.

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