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Speeding ticket defense question?

So I got a ticket for going 70... WAY over the limit. My question is, can I get off if I can prove I was going 65? After all, I'm not guilty of going 70, and I wasn't charged with going 65.

I know it makes sense logically, but the law isn't necessarily logical.

Does anyone know if it's valid?

7 Answers

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  • 1 decade ago
    Favorite Answer

    1) What was the speed limit?

    2) How can you prove you were going 65?

    3) If 65 is still speeding, then you're still guilty. (Sounds like the "I shot the sheriff but I didn't shoot the deputy" defense.)

    The only way you can get the case dismissed is if you can show that the RADAR gun was out of whack or the officer wasn't properly trained on it. Or that the officer somehow failed to follow procedure. No easy task.

    Your safest bet is to go the traffic school route. You pay the fine for the ticket and some extra for the school, but it's so worth it because it doesn't go on your record and your insurance doesn't go up.

    You can also hire a lawyer and get the same result w/o going to traffic school, but it will cost you a bunch more. Aside from the lawyer fees, they'll add in court costs. But your record will be clean.

  • 1 decade ago

    This will not get you out of the ticket. You're admitting to speeding. You're still guilty of the offense stated on the citation. Maybe you get lucky and the judge lowers the fine a few bucks, but you'll never get out of the ticket that way.

    And you can't prove you were going 65 when you were clocked. You have no idea exactly when the radar reading was taken. The officer might have clocked you 20 seconds before you even saw him or knew it was a police car.

    Your best bet is to plead guilty and ask the court if you can either (1) take a defensive driving course in lieu of this being put on your record or (2) have the ticket deferred for 1 year which means that if you don't get another ticket for 1 year, this one goes away. If you do get another one, both tickets stick.

  • 1 decade ago

    Take it to court...the worse they can do is make you pay it. Half the time the cop doesnt even show up and then they throw the ticket out.

    If 70 was way over the limit, what good would it do to prove you were going 65?

  • Bruce
    Lv 7
    1 decade ago

    You can't enter any physical evidence you were going 65. The case will come down to testimony. Because of his training and experience, the officer will be given more credibility. That makes any defense difficult.

    There are other defenses such as radar calibration records, records of officer training, or just hoping the officer doesn't show up, but those rarely work.

    Source(s): Law enforcement since 1991
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  • 1 decade ago

    No you were still speeding if you were going 65

  • 5 years ago

    do no longer run the pink mild and additionally you will no longer get a cost ticket. Oh wait, you reported a conceivable protection did no longer you? can't think of of one different than stop doing it earlier you kill your self and a few harmless guy or woman. i understand you have heard " a photograph is properly worth one thousand words" there you pass.

  • 1 decade ago

    No. You will never win trying to make that argument.

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