Speeding ticket - Suggestions on how to fight it?

There's nothing wrong with fighting a criminal charge, even if you're guilty as hell. The fact is (as some have already implicitly pointed out) that in traffic court, the judge will automatically assume that the cop is telling the truth and you aren't.

Problem is, some cops lie on the stand. Some cops make no effort to respect the rights of those they arrest (which is part of the cop's duty).

And, in my personal experience, *many* cops take one look at a person, make a snap judgment, and immediately go from there without examining a situation any further. When I was younger, I looked quite a bit younger than my age -- I was one of those guys who consistently got carded in bars until I was about 25. I also had a job that required that I wear a tie to work. And the roads around where I lived and worked were frequently patrolled and had quite a few "sobriety checkpoints." One thing I noticed was that the cops' behavior invariably depended on how I was dressed. If I was wearing jeans and a tee-shirt, I looked like "some kid" and was treated like one, whereas if I was was dressed for work I looking like "a responsible young member of the community" and was treated that way.

While I have no illusions that being a law enforcement officer is easy, and I recognize that it involves a great deal of personal risk, I also believe that it is a citizen's duty to compel LEOs to account for their actions as often as possible. With that citizen scrutiny, LEOs tend to become professional who do their jobs responsibly; without it, they have a way of becoming reckless and lazy. You've heard the saying that "power corrupts," right?

And, let's face it. Even assuming hypothetically that you're guilty of this, what is it you're "trying to get away with"? A traffic violation. It's not as though you're trying to weasel out of a just murder conviction.

Now, with all that said --

First, get an attorney who will advise you on how to proceed. If you're trying to avoid paying $155 -- *plus* elevated insurance premiums -- it's worth spending a little money. But in general, here's how it will go. You have a right, as a defendant, to see all evidence against you, and to have it provided to you far enough in advance to permit you to prepare your defense. So, request copies of all the following, plus anything else your attorney wants to add to the list (your attorney will also advise you on exactly *how* to make these requests):

1) the officer's report on the incident;

2) the technical documentation ("user's manuals") for all equipment (radar guns, etc.) the officer used;

3) the records showing exactly the specific equipment used was maintained, recalibrated, etc.

4) the records showing that the officer was trained in the use of the equipment;

etc.

... then look over it all and try to find anything that will help your case. If the documentation says the equipment should be recalibrated once per month, but the department got behind and hadn't recalibrated that particular radar gun for five weeks before your violation, that's a strong point in your favor. If the officer got an "incomplete" grade in the training class, but was allowed to go out on the road and use the equipment anyway, that helps you. If the officer made a mistake in writing down the color of your car or some other piece of information, that works for you. Etc. Basically, you're going to force the state to account for *every* link in the evidentiary chain against you.

One thing ... it's too late for this next piece of advice to help you, but whenever you're pulled over for speeding, the first thing the officer will ask is "do you know how fast you were going?" Don't answer, even if you know. If you say, "err ... around 60, I guess," you've just admitted guilt.

Good luck.

EDIT -- Read your additional details; sounds to me like he thought you were 17 until he looked at the birthdate on your license.

Frankly, I'd take the case to court, just to compel the stupid SOB to explain his conduct. 300 feet is not far at all, and I can think of several times I've been pulled over when I've driven that distance to get to a place (e.g., a parking lot) I could pull off in instead of blocking traffic ... and I *never* had a cop react that way. The only thing I can think of is, maybe he thought you were fleeing? How fast were you driving *after* he flashed the lights at you?

If it were me, I'd instruct my attorney to play the tape as many times as he could get away with, and ask the cop in excruciating detail just what it was about the encounter that caused him to go off like that. (And of course, why the cop's demeanor changed later.) Maybe he didn't have his morning estrogen that day?

If the police department has modern equipment, the whole encounter was preserved on videotape, with a microphone on the officer recording everything that happened. Of course, there's the strong possibility that the tape will be mysteriously "lost" by the police department if you go that route ... but in that case, the charges against you would almost certainly be dismissed.

Either way, you win -- you utterly humiliate the bastard, or you get off the hook for the charges. Like you, I have respect for some cops and what they do. But I never forget that they work for me, not the other way around.

yeah, don't fight it. As a former traffic violator school instructor, i would suggest traffic school if your state allows it. In reality, you were speeding, and using the excuse "i was just keeping up with traffic" is really lame---traffic court judges have heard this so often they become irritated with it. Some may suggest challenging the validity of Acutrak, but the instrument is calibrated at least weekly, and is a proven method of clocking ones speed. No matter what excuse you use, it will be just that--an excuse--and the judge may very well say " there is no excuse for speeding". I'm sure this is not the answer you want to hear, but my advice is, pay the ticket, take traffic school---and slow down.

I got 'lucky' once back in the 90's, but I don't recommend you try it. I was delivering Pizza one night, and kept having to go up a steep hill. This time I got up some speed so I didn't have to shift down as much. Well, the blue lights went on and I got a ticket. I didn't pay it or show up for court. About 2-3 months later I got a letter from the DMV stating that my Drivers License has been suspended. I called the DMV at the state capitol. The lady I talked to said she only had a request from a municipality to suspend but no additional details. She re-instated my license over the phone. It never appeared on my driving record and no warrants were issued....wheW! got lucky....wouldn't try it again though....

You obviously didn't learn from the mistake 5 years ago. 63 in a 45 is a little more than keeping up with the flow of traffic. Especially at 5:30 during rush hour. Just pay the ticket and admit your mistake. Fighting it with no real evidence or reasoning will just add fines and possible charges, even loss of license.

EDIT: I'm sorry but that is a laughable reason to fight a ticket. Because you think the officer was profiling you based on what your opinion a "high schooler" looks like. So you are assuming that the officer assumed you were a high school kid that he was going to teach a lesson to. I'm sorry but I fail to see the logic in that argument. Yes the officer may have been a tad unprofessional, but you are to pull over when you see the lights and hear the sirens. Just as if you were pulling out the way of an Ambulance or Fire Engine.

You can try to get a lawyer but with speeding tickets they next to never get dropped... I had 2 speeding tickets and was found guilty 2x's. 4 pts isnt so bad.. I had 1 ticket that was 55 mph over the speed limit and the other was 30 miles over the speed limit.

1. you can hope that the cop will not show 2 times.

2. admit that you was speeding and hope that they reduce the amount

3. Check the ticket and look for discrepancies (wrong color car, spelled your name wrong wtc..).

4. Do not forget about the assesment fee now.. If you receive more than 6 pts on your license you will be changed the assessment fee

Good luck...

I don't know how court works where you are but in NJ you can usually get your ticket reduced to something with no points but the fine will be higher.In NJ there's a local prosecutor at traffic court who you can speak to before you see the judge and they will tell you if they will change the ticket or not. You should call the court and see if this is how it's done there.

See if you qualify for traffic school. Here (Az) you can go every 2 years. You pay for the school, but then it is dismissed, better than getting points.

Once again, your age has zero to do with it.

You did the ticket, exactly why do you think you can fight it? You will lose and have court costs added to your fine. And when you fight a ticket, you give up the right for traffic school. Just pay it and go to traffic school and it won't be on your record, that is your ONLY option.

PS - and as usual, Kebert and Colt 45 are dead on - listen to them.

For the first time you might have to pay a half of the fines.

So you want to "fight" a ticket for something you admit doing?

Generally, courts don't dismiss tickets for absolutely no reason, so I'd suggest you be an adult and take responsibility for your actions.

Going with the flow of traffic is not a valid excuse.

Have an excellent day.