Fighting a traffic ticket. Any advice?

RondackHiker · May 2014

I was driving to my mom's to surprise her this morning when I got a ticket.

I was on cruise control going 73 in a 65. The state trooper says I was going 95. He also made a comment about risking my babies on Mother's Day.

Any tips?

ToastieSimons · May 2014

Ugh, we're in a similar state.

DH got pulled over for running a stop sign on a clear night. When in fact, he was rolling forward after stopping to see around a bush better and it was an extremely foggy night.

Nasty witch wouldn't hear it though.

mrebecca · May 2014

Are your tires over-sized?
Could your speedometer be off that bad?
You could take your car to have the speedometer calibrated to see if it's off even a little. It's kind of a long shot, but it may help you out if it's a bit off.
Hope everything works out.

LuckyDad · May 2014

What's the cost of the ticket? It may be cost effective to get a lawyer who specializes in such thinkgs.

RondackHiker · May 2014

@LuckyDad‌ the ticket is almost $400 and I assume will add a crap load of points. A lawyer is a good idea.

@mrebecca‌ The car is being inspected on Monday and we'll be having them check the cruise control. And I'm going to go out with my sister later and have her time me driving a metered mile so I can see if it's off. The rough timing I was willing to do while driving (didn't want to use my phone) made it seem accurate and I think that I'd have noticed if it was that far off (I'd be blowing past people), but who knows?

RondackHiker · May 2014

And the thought that it could be that far off and I was actually driving that fast... It makes me want to be sick.

RondackHiker · May 2014

fredalina said:
Did you ask to see the radar? If it were off THAT much, I would ask to see the radar. You were still speeding so unfortunately they can be assholes and let the ticket stand but hopefully they won't give you wreck less driving.

I didn't know you could ask that.

mrebecca · May 2014

RondackHiker said:

And the thought that it could be that far off and I was actually driving that fast... It makes me want to be sick.

It definitely seems unlikely that you wouldn't notice if you were going that fast. Flying by everybody would be a good indicator.

RondackHiker · May 2014

WhoCanItBeNow said:
And here's what I don't get- 20 over here is immediate go to jail, do not pass go.

They let you drive away after going 30 over with kids in the car?

Not that I wanted to be arrested but I thought the same thing....

LaurelBee · May 2014

If you contest and the cop doesn't show, you will be let off your "crime" without court costs. If you contest and the cop shows up and you are found guilty or if you plead to a lesser offense, you will have to pay the ticket AND court costs. (Approx $250 here.) I'm sorry mama

Soxgirl07 · May 2014

I wouldn't agree with speeding = go to jail! I got a legitimate ticket for going 90ish as a teen. I was pretty much going the speed of traffic and don't think I would have deserved more than the ticket!

Anyway, you're in MA, right? My dad got all up in arms about a speeding ticket he got here once (probably justified) and went to court with all sorts of pictures, asking for documentation from the cop. I don't really remember it all. I'll ask him and report back. But I think it was some stuff that if the cop can't prove their equipment was in order, the ticket would at least be lessened.

Pretty sure my dad just made an enemy of the local cop, but he might have some useful info from the whole experience.

littlestjerry · May 2014

Here, speeding that much over would definitely not get you arrested. I assume there's a way to make sure you speedometer is working properly? Like, at a mechanic? I would do this, and, obviously, if it's broken bring proof of that and proof you fixed it to court. I prosecute traffic tickets everyday. At my office, if it was truly broken, we'd amend the charge to a non-moving violation (defective equipment), which carries no points with an approximately $80 fine plus court costs.

If it's not broken, you can try your defense (you had the cruise set at 73) and see what the prosecutor does. Again, if this were me and you didn't have a bad traffic record, I'd probably bring the police officer to court and see if he/she was ok with amending it to a lesser speeding charge. So, less points, but still a fine and court costs.

I don't think contacting a lawyer is a bad idea with your situation. Quite honestly, lawyers can get better deals for people because they're usually familiar with the prosecutors.

RondackHiker · May 2014

Thanks for all the advice. I really appreciate it, guys.

I'm not sure what we will do yet.

my5sons · May 2014

I was a cop in FL...if we used radar to issue a speeding ticket we had to bring paperwork proving the radar's calibration was perfect. If it wasn't current or we forgot to bring it to court the ticket was tossed out and we got a butt chewing

Also...depending on the time of day...we worked 12 hr shifts, 6 to 6. If he works 6p to 6a he may not show because he'll be tired...although for a ticket like that he'll prob be there. But if the court there does it like ours did you never know. Tickets went in order of the officers last name...so if you were a cop with a last name starting with, say, V, and you worked the night before traffic court, odds were you were unlikely to show up

TiffanyBerry · May 2014

Hmm...
Were you on a downhill section? Did you watch your speedometer as you were driving? Some cars do a better job slowing a car *down* to the cruise control set speed than others. My husband's car will use engine breaking and shift if necessary to maintain something within about 5% of cruise control speed. My car, however, doesn't do any of that, and it could easily hit 90mph on a downhill section of freeway even if I set the cruise control at 73mph.

If you are CERTAIN that your car was doing 73mph (and not just thinking that it should have been doing 73mph), then I would probably:
1) get the speedometer and cruise control checked by a mechanic (and keep the paperwork)

2) go to court, and plead your case to try to eliminate any reckless driving add-on and the additional points it may be to your record

3) when in court, fully admit to the speeding (and don't try to be "but it is totally ok because everyone else was doing it") and only focus on the reckless driving portion.

But that's me.

Either way, good luck!

RondackHiker · May 2014

@TiffanyBerry‌ Not downhill. I had just gotten on the highway and was keeping an eye on my speedometer so I could turn on cruise control.

The first thing will be to get the speedometer and cruise control checked when it's inspected tomorrow.

ASmallWonder · May 2014

LaurelBee said:

If you contest and the cop doesn't show, you will be let off your "crime" without court costs. If you contest and the cop shows up and you are found guilty or if you plead to a lesser offense, you will have to pay the ticket AND court costs. (Approx $250 here.) I'm sorry mama

I don't know if this varies by state but in our state "the cop" means a representative from the police department who will present the department's information. The actual police officer is not required to be there and since you're, you know, at traffic court, they always have an officer there for that purpose.

vandelay · May 2014

I hired an attorney for a speeding ticket once, and I had basically no defense since I was speeding. He was able to get it reduced to a faulty equipment charge. It cost about the same or a little more, but it kept my insurance from going up. I'd recommend it.

ASmallWonder · May 2014

Story time. I got a speeding ticket when I was 17 and I was petrified about my mother finding out so I went to court to dispute it. What I planned to say is anyone's guess. My dad's cousin is a lawyer and I bumped into him in the lobby and he asked me why I was there. When they called me into the little hearing room, the cousin decided to come with me. He was well known at the court so the...whoever the overseer of the hearing was...looked at me and said "You brought COUNSEL?" I'm all "I didn't BRING counsel. He just sort of found me in the hallway." Anyway, they let it go as a first offense after a stern talking to.

AZ123 · May 2014

I personally would fight it. Get your car checked, bring to court verification of such and see if the judge will lesson the ticket for you. You can also see if the cop won't show with the radar verification. Be sure to address the judge as "Your Honor" and be very polite. I've gotten out of tickets from showing up and doing all that.

ByeBabyBunting · May 2014

I'm in MA too and fought a ticket not that long ago. The cop that gave me the ticket wasn't required to be there, they had a cop who did the job of being the police rep in the court full time. I don't know if that is only for the city I was in or state wide. I got let off, but I had to pay the court fee of $25. I don't think it would be worth getting a lawyer over.

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