From: jak@cs.brown.edu (Jak Kirman)
Subject: Advice on going to court for speeding
Reply-To: jak@cs.brown.edu
Organization: Dept. of Computer Science, Brown University
Distribution: ne
Date: Mon, 7 Sep 1992 20:48:37 GMT

I apologize for posting what must be a frequently asked question, but I
don't see any kind of answer in the rec-autos faqs, nor are there any
articles on the subject in our news-feed's articles now.

I was stopped a few days ago for speeding in Massachussets, and I am
considering pleading not guilty.  Let me briefly recount the details; I
am interested in advice about whether to go to court, what to say if I
do, and also about the chances that my Rhode Island insurance company
will learn about the ticket and how much they are likely to raise my
insurance if they do.

I was driving from Worcester to Providence on Route 146 at 1:15am on the
night of the 1st/2nd September.  I was approaching two cars from behind,
with a speed differential of under 5mph, going downhill, when a police
car appeared behind me with his lights on.  The road was well-surfaced,
the weather conditions were perfect, and the traffic was very light (I
had not seen another car for some minutes).  The road at this point
(near Purgatory) is a two-lane divided highway with a posted limit of
55.  I thought I was driving around 70mph, but I am used to my 79
Rabbit, and was driving my wife's almost new Corolla, so with the
difference in feel and sound I may well have been going faster.  When I
looked at my speedometer as I saw the lights, it read 75.

The policeman said he had stopped me as I was doing 80mph.  I didn't
have the presence of mind to dispute this, since I was not really sure
how fast I had been going when he clocked me -- I still don't know
exactly how far before where he stopped me he had clocked me.  He asked
if I had been drinking, to which I replied no (I don't drink), and he
asked me whether I was in a rush.  I said that I was just going home
after visiting a friend, but again didn't bring out all the excuses that
I should have.  I was hoping that if I just acted very contrite he would
at least ticket me for less than 80.  He went back to his car for a long
time, at least 5 minutes, and then came back and gave me a ticket for
80mph, for $200.

So here are my questions:

1) What are the chances that my RI insurance company will find out about
this if I just pay it?

2) If they do find out, will it make a difference what speed I was
going, or what amount the ticket was for?

3) If I go to court and plead attenuating circumstances, is it possible
they will reduce the fine?

4) If they do reduce the fine, will it affect my insurance less?

5) Is there any chance I might be able to go to driving school or
something instead of getting the ticket (I am much more concerned about
insurance than I am about the ticket, since I will be buying a new car
in a year or so, and don't want this affecting my rates then, or now for
that matter).

6) Here are some of the facts that I might offer as attenuating
circumstances; which of them are likely to help or hurt?
a) I was driving a car that is much quieter and smoother than the one
that I am used to, so my speed tends to creep up unless I watch the
speedometer constantly.
b) I got back from a 3-week trip to France a week or so before, and
there was used to driving much faster than here (85mph speed limits) ,
so I was still in the process of getting re-accustomed to American speed
limits.
c) I was going down-hill when he clocked me (he said), so my speed might
have crept up because the car is an automatic and has less engine
braking than the manual I am used to.
d) The road conditions were excellent.
e) I have had 3 tickets in the past, all in almost identical conditions
-- just got to the States or back from holiday in Europe, not used to
the low speed limits, no-one around to judge my speed by, middle of the
night, perfect conditions.  The last ticket was 3 years ago.

7) Is it not usual for the police to take into account the road
conditions and so forth and reduce the speed they ticket you for to take
this into account?  It seems odd, to say the least, that the penalty for
driving 80mph on a deserted road in the middle of the night should be
the same as driving 80mph in rush hour.

8) I was not trying to drive at the speed limit; should I admit this in
court?  Should I temper the truth with a little common sense and say I
was trying to drive at 65 instead of the true 70?

I would very much appreciate any advice you could give me, especially if
you have been to court for speeding in Massachusetts.  If it makes any
difference, the ticket says: Massachussetts Uniform Citation, the
officer was from the Sutton police department, and the ticket has both
"radar" and "estimated" ticked off.

Thanks.
                         Jak Kirman                        jak@cs.brown.edu
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
When I started, flying was dangerous and sex was safe.
                                 -- Her Lingus pilot at his retirement party
Newsgroups: rec.autos.driving