From: srm1@cbnewsm.cb.att.com (steven.r.marcovici)
Subject: Re: Fighting Traffic Ticket
Organization: AT&T
Distribution: usa
Date: Tue, 7 Apr 1992 19:06:40 GMT
Summary: There's always hope.

>In article <31624@trwind.UUCP>, kalim@airbaseiix.sedd.trw.com (Marc Rose) writes:
>> 
>> Hi,  I was wondering if anyone out there knows any "good" arguments to present
>> to the judge when fighting a speeding ticket.  Specifically when radar was
>> used to determine the speed.
>> 
>> P.S.  I dont believe I was speeding by the amount the officer stated.
>

I'm very surprised at all the posts saying 'just pay the ticket'.
There are legit ways to fight a speeding ticket, especially if you
think you weren't going that fast. Note that what I am saying occurred in
NJ, and may not apply in your state.

If the speed you were cited at is close to a cut-off point for a higher
fine or more points, there is legal precedent for having the speed cited
lowered. For the sake of argument (since I don't remember the exact numbers)
let's say I was cited for going 60 in a 45 zone; 1-14 mph over the limit
costs 2 pts, and 15-24 mph over the limit costs 4 pts (let's not even discuss 
the fine, since that's peanuts compared to surcharges, etc..). On the
advice of an insurance agent, I went to court with the hopes of having the
speed lowered - note that just 1 mph less saves me 2 pts. In court, prior
to the session, the prosecutor (or whatever he's called) took me aside
and asked "are you saying that you weren't speeding at all, or that
you weren't going that fast?" I said that I wasn't going that fast. He then
said that according to so-and-so vs. New Jersey, due to the variability
of radar equipment, 2 mph (or 3 mph, I don't recall which) can be subtracted
from the cited speed. He then said that he would amend the complaint to
59 in a 45 zone if I agreed to plead guilty. I agreed. I was out of there
very quickly, and saved MANY HUNDRED dollars in state surcharges and
potential insurance increases. This is not an isolated instance. I know
of others who've done this just as easily.

Also, if it's not a terrible burden, it sometimes pays to just go to
court in hopes that the trooper that ticketed you doesn't show up. The judge
has the discretion to dismiss the case when that happens. It's worth
a try - I've heard of this working, but it sometimes takes 2 no-shows
for that to happen. But, it's often worth it when you realize that a $50
ticket can turn into many hundreds in other costs.

Also also, ~a year ago I went to court for a violation that resulted in
3 tickets totalling 9 points!!! (yes, I'm very embarassed and I'll
never do it again!) I went out of desparation - I was guilty - and hopes
that I could weasel my way out of at least some of it. Well, as for the
speeding case, above, the DA (?) pulled me aside and said that if I
don't have any witnesses or other specific evidence to clear myself (I
didn't) that he'd be willing to offer me a deal if I just plead guilty
and go away. The deal lowered the points from 9 to 6. I took the deal and
ran. I got some points reduced, they saved valuable court time, and the
trooper didn't have to hang around either. I thought it was well worth the
hour spent.

Moral: Do your homework (as described in other posts), and, if at all
possible, just go to court and hope for the best. The worst that can happen
is that you'll be hit for court costs (over and above what you would've paid
for the ticket alone).