Speeding ticket..should I fight it?? and how?

trooper3316

Traffic laws are "strict liability". This means knowledge of the offense does not need to be established. Posting a sign is all that is required. For that reason, stating you didn't know the speed is not a valid defense.

You could start by contacting the court, and ask if they offer any diversionary programs, such as traffic school or community service. The court in my city also has the discretion to amend the ticket to a local ordinance. You still pay the fine, but the conviction is not entered on your record.

linlyons

i think "you're toast" pretty much answers the question.
87 in snowy weather?
yes sir, toast left in way too long.
didn't see the sign -- not aware of what's going on around you -- not going to help your case.
<<however I really don't think I was going that fast.>>
in denial? "it's not my fault." not going to help your case either.

got a ticket in September and another in December?
for 87 in the snow?
you'll be lucky if you can get any insurance at all.

might i suggest that you find yourself a car that can't go more than 60 or so.
it seems that you cannot be slowed down any other way.
btw, that's what i did.
VW bus.
made a world of difference.
but i was lucky -- back then, they were more lenient.
today, they give out tickets more often.
and i drive a lot slower.
some folks just take longer to learn that lesson.

pay the fine.
and the added insurance cost.
get a slower car.
learn some responsibility.

tonalc2

You would have to prove that you were going under 60 MPH to completely avoid the ticket. Not possible.

Apart from that, you might be able to lower to speed to lower your fine (in California, the speed fines are 1-15 over the limit, then 16-25).

Also, since it doesn't sound like you did traffic school on your other ticket, you can ask the judge for traffic school, which will cost a bit more but will dismiss the ticket, and your insurance company will not be notified.

El Scott

You don't think you were going that fast.......doesn't sound like you are sure what your speed was. Also not knowing the speed limit is not a defense, especially since I have never seen a speed limit in the 80's (so there is no way you could say you thought the speed limit was 90). If it was snowing you should have been exercising more caution. Plead guilty.

Lawenforcer

One not being the area before is not a defense. Second if you want to fight you have to appear.
If you plea no contest you are not admitting guilt, but to fight you ticket you will have to go back to Oregon.
Also if you use the defense you have written here, you will lose and court cost will be added to the fine.

Dennis c

If it was snowing, even 60 MPH may have been too fast.

If you really doubt that you were driving 87 MPH, I recommend that you contact and interview several attorneys who specialize in the defense of traffic tickets in the Jurisdiction where you were cited.

A ticket of 87 MPH under those conditions sounds like a very serious ticket.

Even a conviction of speeding at a lower speed would probably help you.

I recommend that you interview a few attorneys and then decide what to do after you have talked to them.

ivtecpakiness83

on the ticket it should have a court date, you can go and fight the ticket.. if the cop had a radar gun and used it to catch you your pretty much screwed, they can print out how fast you were going and show the judge

Zorak

Even if you didnt know the exact speed limit going 87 really is no defense. Certainly you should have known the speed limit wasnt 87.
Might as well pay it and slow down. There is nothing that important to justify going 87 for.
The only way you might be able to win this is if the officer does not show up for court. That happens every now and then.

ridge63

Pay the ticket and slow down would be my advice

It was snowing and late is probably not going to help you much with a judge. As a matter of fact snowing and late would be excellent reasons to drive slower. Ignorance of the posted speed limit won't either. Good luck

Paladin

I would just pay it if I were you

once the judge sees your prior ticket was only several months ago and hears your excuses, he will laugh you out of court. Not worth the trouble of going up there

Jon

Sounds like you're screwed to me. 27 miles over is definitely an instant ticket. And they're going to believe the police officer more than you, especially with you having another ticket.

Ses

Hi. If you were not speeding, then fight it. If you were then pay. Goodluck & Peace

mothercopper_com

A California speeding ticket, yes, you may do a "written appearance". It is know as the "Trial By Written Declaration" (TBWD). I am almost an expert in this since I beated 7 tickets with by the method of TBWD.
Remember, you must use your friend who was in your car as witness. Your friend must also write his/her statement on TBWD, and stating that you were NOT at 87 mph, probably around 60 mph or at traffic flow (if that's the case). Try NOT to lie unless you are sure no one can disprove or prove your lie.

I was able to beat seven (7) California tickets in the past 2 years. All by the method of Trial By Written Declaration (TBWD). You just need to call the court, and ask to contest your ticket by TBWD. You will need to download a form TR-205 and mail out the bail (ticket payment), and explain your reason in TR-205. With TBWD, you don't have to show up at the courthouse. Make sure you mail TR-205 about 2 weeks before your ticket due date.
If you were found guilty, you still have one more chance to appeal which is called Trial de Novo (TDN).
At TDN, you have to show up in court , and if the Officer did not show up, you win. If he show up, do this:
1) Ask the Judge for his TBWD since he is to turn in his TBWD within one month.
2) Use your reasonings from TBWD, and attack/corss examine the Officer.
For more details and examples, visit the website below:
http://www.mothercopper.com/

skater beast!

yehhh boii! fight for your right!!

American Infidel

yeah! the speed limit is to low anyway. ever drive at the speed limit? everyones always going faster, and you always feel old.

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