Can we contest a speeding ticket which was given on a basis of observation only. How are the chances of win?

hollywood71@verizon.net

its very easy to challenge them and win as i have done it before. as far as points, it could wind up on your record but not likely as the ticket stays in the state you got it in. your home state won't have access but to your home state. i have gotten tickets out of state and it stays in that state and nothing ever went on my home state record.

Dean P

talk with the district attorney first. almost always they will reduce your fine and points to avoid a court hearing./

Dan S

You need a lawyer to do a good job of contesting it, and you need to report it to your insurance company, or they will raise your rates. They may raise them anyway, but it will be better if you report the ticket first.

How did the officer observe you? Was he standing by the road and just saw you speeding by? Police planes can determine your speed by timing the distance it takes to travel between known markers, a police officer on the side of the road might be able to do the same thing. The most accurate way to determine someoneâ€™s speed is to just ride parallel to them and match their speed.

I went to traffic court in Texas because a State Trooper ticketed me for making a turn without stopping at a Stop Sign. I returned to the intersection afterward and took pictures of it. There was no Stop Sign, the road was new, and one hadnâ€™t been installed yet. The prosecutor objected to the pictures because I hadnâ€™t submitted the evidence properly. I almost lost the case. The judge suspended the case, he drove by the intersection later, and saw that I was correct so he dismissed the case.

While sitting in the courtroom I saw that everyone without a lawyer lost their case, but the guy with a lawyer won. The lawyer asked the police officer if his air conditioner on (it was summer in south Texas, so of course it was on). He then submitted that the AC is known to adversely affect the accuracy of the Radar Gun so the case was dismissed. Sure I only saw five cases, but of those only one was dismissed, and I almost lost my case.

For the future know that a Radar Gun picks up the signal on the largest item so if you are driving by a big rig then the Radar Gun will pick that up. If you get ticketed you can claim that the truck was speeding. The officer may not show up at the hearing, but they usually set a time and date to make an appearance in Traffic Court and write all their tickets with that date for an appearance. Of course you could get luck.

The Riddler

The end result depends on many factors but having "beaten" many tickets myself I have learned in most jurisdictions, if you show up to court and the officer isn't there you automatically win-many times the officer would have to come in on his off-time and won't do that unless he has a serious case so you might get lucky. Many local prosecutors will approach you before the hearing if you are there and may settle w/ you for defective equipment which may reduce the fine but at least will keep you from losing points or affecting your insurance rates-so, bottom line, it's worth showing up if you have the time to fight it.

nipopazleh

yes you can

J~Me

You can try. You have the money for a good attorney. It's going to all be here say, here say. You'll probably loose. I would just pay the ticket.

UCSC Slugmaster

unless you have some real good proof, you have no chance if its your word against his.....your best chance is that he doesnt show up to court

trailsman1961

you can contect the ticket but remember the officer will have a reason why he ticketed you so work out respond to several reason like flow of traffic.

bostonianinmo

In MA, the cop is never at the first hearing. When contesting a ticket there, you have to make TWO trips to court! Any points will be picked up by TX and re-rated using TX rules. Your insurance company has their own points system which may or may not follow state practice. Only your insurance agent can tell you the impact.

Now, to defend the ticket you need to know what the training standard is for cops in MA. And you need to know when the cop was last trained/certified in estimating speeds. Request this information through the court clerk; you'll be subpoenaing that information.

Once you have that infomation, decide what to do with it. If he was just certified a few days before issuing your ticket, try to plead it down since you probably won't be able to challenge his qualifications.

If it appears that he hasn't met the training and certification requirements or was overdue when he wrote the ticket, get him on the stand and question him about it. Ask him what the standard is. Ask him when he was last certified. Your goal is to get him to admit in open court that he is not qualified by state standards to estimate vehicle speeds. Once you do that, ask for a dismissal or a verdict of not guilt.

Keep one thing in mind though. In many states, "observed" means that he was probably pacing you in his cruiser. MA has a block on the ticket for how the officer determined your speed. If the "estimated" block is checked you may have a shot. The "radar" block is obvious. "Clocked" usually means some timing system such as VASCAR. "Observed" usually means that he paced you. You'd have to attack the certification of the speedometer in the cruiser to beat that one.

Fastest and easiest way: Get a lawyer and see if he can either get it tossed or plead it down to defective equipment. Sure, lawyers cost money, but very probably less than your insurance hit might be.

Stuart

If you win, it won't affect your insurance at all. If you lose, you pay a fine, court costs, and a surcharge for the ticket.

But yes, you can contest it.

tlalteutli

ticket do sometime make ur insurance go up but you can contest it if you dont win all you have to do is pay the ticket

jinx4swag

This is a rare issuance. But, most well trained traffic officers in all states must be able to estimate speed at plus or minus 3 MPH in order to certify with a radar. Others have such a good court decorum, and have testified enough to get the job done.
Also don't discount "VASCAR" which is a simple observation based estimation using two reference points and a stop watch.
And, the officer driving upon you, turns and follows, and matches your speed.

Your Chance is as good as the next guys.
An MA ticket? I have no idea.
South Carolina-2 point ticket=No Problems
SC 4 points=Approx. $380 every six months for three years.
SC 6 points= SR22 insurance rates. $2000-$2800 every six months

Good Luck

httnmrtt

You need to contact an attorney licensed to practice in MA. None of these yahoos on Yahoo! are licensed to practice law on this forum.

doe eyes

Officers are pretty good at gaging how fast someone is going. Its their job. I wouldn't count on arguing your way out of it that way. BUT If you go to court to contest the ticket your chances of winning are pretty good if the officer doesn't show up for the hearing.

Whether or not your insurance rates will be affected depends on the insurance company. Usually one offense is not a problem. You should ask your insurance company how long a speeding ticket stays on your record. Usually its 5 years.

It's not clear to me whether or not you were speeding. I understand that you want to get out of paying the ticket and having it on your record. Who wouldn't? You need to consider your driving habits as well. Typically someone who gets a ticket has pushed the limits from time to time. I went through a period of time in my early 20's where I was almost impossible to insure because of speeding tickets. I am a much more responsible driver today.

Think through carefully what you will say to the judge if you decide to contest the ticket.

Chloe

The chances of you winning aren't all that great..

i'd suggest just paying the fine and higher insurance.

C. T

Take it to court...chances are the cop won't even show up since it's minor.

melissa

contest it.......usually the cop doesn't show anyway, and even if he does.......eyesight really doesn't weigh alot in the judges eyes......i beat mine

dodge man

if your lucky enough to win,,it wont affect your insurance none,,in some cases the officer who issued it,,wont show up,,in these cases the judge makes a decision based on the evidence,since observation,,is not considered legal proof,you might win,,but,,if the officer has been on the force for a long time,,and has a good track record,,the judge may rule,,against anyway,,i have known a few people that have actually proven their case,,but you have to be level headed,,and very convincing,,the judge usually makes his decision based on your answer,s,,when the officer does,nt show for the hearing,,and what ever you do don't lie,,tell the truth,,and if your real lucky he might dismiss it,,i hope you luck.

wbecca52

Were you speeding? If you contest the ticket, you are saying you were not speeding, which is a lie if you were.
What does your driving record look like without that ticket? If it's spotless, the judge will probably dismiss it. Otherwise, you will probably lose, based on your previous record.
In the future, know the limits and set your cruise control.

Hawkboy

not worth the time and effort, it is cheaper to pay the fine, unless of course you have plenty of time and money.

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