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Speeding ticket halp

post #1 of 35
Thread Starter 
44 in a 25. I said I thought the speed limit was 35 and that I was going 35-40. Cop gave me a 1-5 over. I'm in Michigan.

I'm 20 and I have a clean record so far. I really don't want my insurance to go up. I don't mind paying a fine.

Is it worth contesting? I really have no idea how this whole process works. The cop didn't even tell me how much the ticket would be.
post #2 of 35
Go to court and hope the cop doesn't show up.
post #3 of 35
Thread Starter 
Quote:
Originally Posted by Jodum5 View Post
Go to court and hope the cop doesn't show up.
What happens if he does?
post #4 of 35
Hire a lawyer.
post #5 of 35
Thread Starter 
If I go to court, the cop shows up, and I plead not guilty, is there any chance that it will actually make things worse? As in, would they bump it up to 19 over since that's what I was actually doing?
post #6 of 35
Quote:
Originally Posted by Jekyll View Post
44 in a 25. I said I thought the speed limit was 35 and that I was going 35-40. Cop gave me a 1-5 over. I'm in Michigan.

I'm 20 and I have a clean record so far. I really don't want my insurance to go up. I don't mind paying a fine.

Is it worth contesting? I really have no idea how this whole process works. The cop didn't even tell me how much the ticket would be.

You admitted to the officer that you were speeding. Even if you thought the speed limit was 35 you still admitted to breaking that speed limit.

Each state handles these things differently, so I'll speak to my experiences. In CT, for example, if you fight a ticket you get a court date and on that day you show up and talk to the prosecutor. Usually you can work out a deal right there "Pay $100 to the charity next door, come back with a receipt and we won't put it on your driving record." (plus you get a tax deduction!) If you don't agree then you are assigned a real court date.

In NY though the date you show up the officer also does. You will have a chance to talk to him beforehand and may make a deal. In my case he changed the speeding ticket fine to something equivalent to a parking violation.

Every jurisdiction is different, but, long story short, you usually end up better off if you fight it. You don't need a lawyer.
post #7 of 35
Quote:
Originally Posted by Jekyll View Post
What happens if he does?

Generally, if the cop doesn't show up to a hearing to contest a ticket, the court will throw out the ticket. If he does show up, then you have to be ready to explain to the court why your ticket was invalid.

You got caught speeding. It really doesn't matter what you thought the speed limit was or how fast you thought you were driving. Accept responsibility and pay the ticket.
post #8 of 35
Thread Starter 
Quote:
Originally Posted by zbromer View Post
Accept responsibility and pay the ticket.

Yeah, I don't have a problem with paying a ticket (as long as it isn't ridiculously expensive). I just don't want points on my license, because as a 20 yo male my insurance will likely skyrocket.
post #9 of 35
Quote:
Originally Posted by zbromer View Post
Generally, if the cop doesn't show up to a hearing to contest a ticket, the court will throw out the ticket. If he does show up, then you have to be ready to explain to the court why your ticket was invalid.

You got caught speeding. It really doesn't matter what you thought the speed limit was or how fast you thought you were driving. Accept responsibility and pay the ticket.

This ^. But in many jurisdictions (don't know about Michigan) you may have the option of taking a court-approved traffic school course, which would keep it from going on your "record" for insurance purposes. I would look into this.

In California (or Los Angeles County, at least), the list of court-approved traffic safety courses includes several on-line courses. This makes the traffic school option much less of an option than it used to be, when you would actually have to burn a whole day or several evenings sitting in some deathly boring class in some cheap, unventilated office somewhere.
post #10 of 35
Quote:
Originally Posted by JohnGalt View Post
You admitted to the officer that you were speeding. Even if you thought the speed limit was 35 you still admitted to breaking that speed limit.

Each state handles these things differently, so I'll speak to my experiences. In CT, for example, if you fight a ticket you get a court date and on that day you show up and talk to the prosecutor. Usually you can work out a deal right there "Pay $100 to the charity next door, come back with a receipt and we won't put it on your driving record." (plus you get a tax deduction!) If you don't agree then you are assigned a real court date.

In NY though the date you show up the officer also does. You will have a chance to talk to him beforehand and may make a deal. In my case he changed the speeding ticket fine to something equivalent to a parking violation.

Every jurisdiction is different, but, long story short, you usually end up better off if you fight it. You don't need a lawyer.

^exactly how my 3 tickets worked out in NY, different locations.
post #11 of 35
Quote:
Originally Posted by JohnGalt View Post
You admitted to the officer that you were speeding. Even if you thought the speed limit was 35 you still admitted to breaking that speed limit.

Each state handles these things differently, so I'll speak to my experiences. In CT, for example, if you fight a ticket you get a court date and on that day you show up and talk to the prosecutor. Usually you can work out a deal right there "Pay $100 to the charity next door, come back with a receipt and we won't put it on your driving record." (plus you get a tax deduction!) If you don't agree then you are assigned a real court date.

In NY though the date you show up the officer also does. You will have a chance to talk to him beforehand and may make a deal. In my case he changed the speeding ticket fine to something equivalent to a parking violation.

Every jurisdiction is different, but, long story short, you usually end up better off if you fight it. You don't need a lawyer.

JG's experience was what it was, but I would just note it's really dangerous to try to extrapolate rules of general application from anecdotal experiences like this.

I would also add the following, for whatever it's worth: I used to sit in traffic court occasionally as a judge pro tem. Every case was different, of course, but generally speaking I was more inclined to be lenient with people who accepted responsibility for what they'd done but explained why certain accommodations were warranted than with people who tried to present BS "defenses" (as opposed to defenses or arguments that seemed to be in good faith, which I did not "hold against" them even when I rejected them on the merits).
post #12 of 35
In MD we have PBJ's (Probation Before Judgement) - so as long as you have a fairly clean record (and the judge is in a good mood), plead guilty and you just pay court costs!
I just had one 2 weeks ago (my 3rd PBJ so far )
post #13 of 35
In New Jersey, if the cop doesn't show up, they reschedule you for another day. If he doesn't show up a few times then you may be able to get your case dismissed on speedy trial grounds.

Also, I would be very surprised if he tried to change what the ticket says as far as the speed just because you showed up to court and pled not guilty. That would tarnish his credibility in the eyes of the court.

Oh, and, if you're serious about fighting this (and there are ways to legitimately fight speeding tickets, even if you actually were speeding), then hire a lawyer.
post #14 of 35
Quote:
Originally Posted by lawyerdad View Post
I would also add the following, for whatever it's worth: I used to sit in traffic court occasionally as a judge pro tem. Every case was different, of course, but generally speaking I was more inclined to be lenient with people who accepted responsibility for what they'd done but explained why certain accommodations were warranted than with people who tried to present BS "defenses" (as opposed to defenses or arguments that seemed to be in good faith, which I did not "hold against" them even when I rejected them on the merits).

Ah, the "trial tax." By doing what you were doing, aren't you sending a message to the State (prosecutor and cops) that they don't really have to do their job in the best manner possible, because even if they don't, the judge will consider whatever defenses may be raised as "BS defenses" and will slap the defendant even harder than if they had just admitted their culpability?
post #15 of 35
Quote:
Originally Posted by odoreater View Post
Ah, the "trial tax." By doing what you were doing, aren't you sending a message to the State (prosecutor and cops) that they don't really have to do their job in the best manner possible, because even if they don't, the judge will consider whatever defenses may be raised as "BS defenses" and will slap the defendant even harder than if they had just admitted their culpability?

No. Maybe I wasn't clear, or maybe you read quickly. If someone raised a good-faith argument or defense, I made a point of not holding it against them in any way. And I didn't impose any extra sanction on people for any sort of response (even an obviously false or bad faith one) beyond what the statutory default was. Rather, I would consider accommodations for people whose acceptance of responsbility and baseline honesty demonstrated that they might make appropriate use of a "second chance". Put differently, if you're going to ask a judge (even a BS faux judge like me) for an accomodation in your favor, committing obvious perjury or being deliberately obstructive doesn't really help your argument.

I have no idea how you took, from a post that explicitly distinguished between BS arguments and good-faith arguments, that I would be sending the messages to cops and prosecutors that all defenses will be considered BS defenses.
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