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What is the best way to argue a speeding ticket?
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What is the best way to argue a speeding ticket?

I recently got a speeding ticket on I-95 in Newbury, MA. I was going 22 mph over the speed limit according to the officer. The boxes "LIDAR" and "Estimated" were checked. The officer also mistakenly tacked on a seat belt infraction. If I were to contest this ticket, firstly where would the court hearing be held. Secondly, what is the best way to argue my case at the hearing? The seat belt charge has no merit, as I ALWAYS wear it, but it will be my word against the officer's. Also, do I have any case in the speeding charge?


    




florida_fisher_87
Maybe a case on the seat belt.. but that's the least of your worries..
depending on why you were speeding.. if it were emergency sure.. if your speedometer is off ask that you have the judge order it to be recalibrated instead of the ticket.. bring proof that it doesn't work right or is off by so much.. if it is off tell them you weren't sure how fast you were going and do not understand how his estimation works..
Also, i know in some cases tickets have been challenged by some sort of loop hole that has to do with how fast people normally go on that road.. i cannot remember exactly.. but say it's only 55mph.. in a high concentrated traffic area.. tell them you thought you would be risking your safety traveling too slowly and ask that they do a survey on the average speed of drivers.. sometimes people get lucky and they change it to 65 or 75.. in your case if most people naturally drive 65 mph on a 55mph posted highway they would drop your case and erase the ticket..

good luck.. slow down.. or get a lawyer, man.. lol..


TaterTotGirl
Rating
The ticket will never be expunged....Yes, it is the officers word against yours. At the most, it will be reduced.
Bring a lawyer if you really want to work on priniciple and feel that you are being unjustly fined.


martin d
Rating
You really have no way to fight the speeding charge. If you make up some excuse that you didn't tell the officer when it happened, the officer will simply say that you didn't mention that, and it's over. Best bet is to admit to speeding and tell them you did have your seatbelt on. At least that way you will probably get rid of the seatbelt ticket. If you try to wriggle out of both tickets, the judge will see that and give you both.



Advice: stop speeding... or at least get a good excuse ready before you do.


Chris
Rating
You don't have a chance arguing this. Maybe if you were going 5 or 10 above you could argue but over 20 I don't think so


Souvik P
Rating
well first pay it, that will give you the upper hand for sure because then your intentions will appear to be more than to just save a couple bucks. Then yell really loud. Be sure you do all of this from the end of a fully loaded glock.


parker
for the seat belt thing, just say you took it off to get your wallet from your back pocket or something.

you can't realy argue 22mph over the speed limit though...


Time Will Tell
What is the best way to argue a speeding ticket?

Usually with a slow drawl.


bunnies
The law is the law.


lifecryme
the seat belt charge will be very difficult for you to prove even if you're represented by your lawyer. You can't win this case if you want to argue a seat belt. What are you going to say "i always wear a seatbelt". The officer says "you weren't wearing a seat belt". On this the officer is more likely to be believed. Depending on his number of arrests also, his accomadations, if he's a fine trustworthy officer, most the judge will eat his words like a bag of candy.

I don't know what "lidar" and "estimated" checked means, i haven't gotten a speeding ticket ever. Here's the thing, if you dare raise your voice when you're told not to speak, or if you represent yourself rudely, in a bad manner, you can be held in contempt of court or charged an even higher sum. So, best be careful what you say and who you say it.


Domter
The best way is to pull a gun.


A.J.
Rating
I'm guessing it would be held at your local traffic court. As far as the seat belt thing goes, there is no way for him to really tell if you were wearing it or not if he pulled you over for speeding. So I guess you could testify against that, but I do believe you're gonna have to deal with the speeding ticket. I don't really see any way of argueing against it, he pulled you over after clocking you speeding with the radar. You probally could have done something when he pulled you over to get out of it though. You could have made up an excuse as to why you were speeding, sometimes they believe that. Also, most of the time if you can make a cop laugh then they will normally let you go scotch free.


spaz
Rating
look, you can't argue with a police officer to get out of that if he or she thought you were doing something wrong then just pay the ticket and get over it.


TheDalaiLloyd
Rating
No argument. He estimated your speed, and then got you on his LIDAR (it's a laser speed measuring device)

There's no way you can get out of the speeding ticket, and it wouldn't be worth the time or money to try to fight the seat belt ticket. next time just don't give him a reason to pull you over.


rossw3653
on your ticket it just indicate a way to declare you wish to fight the infraction. being that you were on the interstate, the only thing you could really say is you had to take a piss or you were dying or something. neither are going to do so hot. but, typically, cops don't show up to speeding ticket hearings. the seat belt charge is going to stick. chances are, if the cop shows up the speeding charge is going to stick too. sorry for the bad news. had just recently exited the interstate, you might have had a better chance.
i'm not going to tell you to obey the law, because everyone speeds at one time or another. but, i will tell you to pay better attention to your surroundings. good luck.


iamdesireep
Rating
You will be getting letters in the mail from lawyers. Call one and they will take your case for about $50. They usually get you off and all you pay is the money they request . If you go to court and argue they will rescue the ticket just to keep everything going but it will be more than what the lawyer wii charge.


Me M
alot of the time the officer wont even show up to the court date, but if he does you might be screwed...sorry fella, if it were easy everyone would get out of tickets


walk away
Rating
Can't beat it. Me & my friends have always been able to get it reduced. 22 over the limit means, higher fine and more points on license. Go to court, you don't need a lawyer, and ask the court if you could plead guilty to a lesser charge of _____ (anything under 15 mph). This has worked 100%. Seatbelt? You took it off so you could get your license, right?


wivo18
well firstly the hearing should be in your local traffic courrt room. And the only way to get out of a 22 over ticket is if the issuing officer doesnt show. you could also reserach the area where you got the ticket to argue any obstacles blocking his view.


Biker Bry
Rating
Unfortunately it is going to be your word against his in court if it goes to trial. Guess who has more credibility with the court? You should plead not guilty and ask for a deal at pretrial. Most prosecutors don't care to waste taxpayer money on petty misdemeanors so he MIGHT let you plead down. I'd ask him to drop the seat belt ticket and lower the amount if he can. Be humble.

This is possibly your best bet.

Oh, doesn't hurt if you have no priors either. If your history shows habitual offender, you won't stand a chance.


KronicKyle
Rating
i don't know much about where your from, but in michigan if your going 20+ over the speed limit, they can arrest you... I really don't know how you can argue it because it's your word against the cops


puppet_master656
take it to court......and sleep with the judge


27PurpleRoses
Admit your guilt and see if you can get a reduced fine, or even probationary period instead.

You really cannot argue when the police are involved so that is a vain idea and if you attempt it you will wind up paying more than if you simply paid it now.


misdemeanor61
Rating
lol just go to court be polite and if its your first offense the judge will give you defensive driving and or maybe a fine, and maybe the cop wont show, then you just get off cause hes not there to present the facts oh and hopefully u didn't argue with the cop when you got it, that will hurt you so bad if you did cause then the cop will be a huge a** in court, hope this helps


Kevin
The hearing will be held in the courhouse that holds jurisdiction over the area where the ticket was given. I'd argue the seatbelt violation first. The officer will be there. If he is not the judge might well dismiss the entire ticket. Find out when he will be on vacation and request your hearing then. That's an old trick. That;s why officers put their vacation times on the ticket. Ask how he knows you were not wearing your seatbelt. Did he see you without it on? at what point? after you were stopped and had taken it off to get your driver's license out? LIDAR is radar. Ask him when the radar gun he was using was last calibrated.
It may have been a while and the reason they are calibrated is to keep them accurate. The speed was estimated. How does he know it was 22 mph over? could it have been 10 or 5 mph over? could it have been the speed limit? Ask him if he can, without a doubt, prove you were 22 mph over the speed limit. That's what he put on the ticket. He needs to be able to support it in court. IF he cant the judge may toss the ticket. Keep in mind that officers are trained to take notes on the back of their pads if they suspect that someone is going to be a problem or take them to court later. Be ready. He may very well be...One last question...were you speeding? If so, don't tell the judge you weren't. He may ask you if you were but that would be incriminating yourself so chances are he won't. You might just want to be prepared for it. If it happens tell the judge that you are here contesting the charge that you were going 22 mph over the speed limit. If the officer can't sustain the burden of proof the judge may dismiss or find you guilty of going a lesser speed but still speeding. Who knows? if he finds you guilty you may want to request traffic school. That will save you the surcharge on your insurance, but not the cost of the ticket. Good luck.


Doctor D
Rating
It would be in newbury and the cop would show up and you would loose, im sorry ive been through this crap alot.


i♄chocolatecakeā„¢
Sweetie, a law is a law. Ya cant break it.


BitHitter
Go to traffic court and have the points reduced.

If you want to fight it, your best off arguing that the street was not posted correctly, as the prosecuter will not likely have the resorces immediately available indicating that the signs were correctly posted in accordance with law. It is a longshot; however, I have seen it work.


Angora Sweaters
It's your right as an American to get tried so why not stick it to the man and hire an attorney.


zanemartin007
Tell them a sob story like your kid broke his leg and you were rushing to your wife or that you had 103 degree fever and was not aware of anything





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