I was following a truck that was going 38 mph in a 45. there was a long passing zone...or so it seemed. So I dropped back and sped up to overtake. After I had gotten about 3/4 the way around the truck a car was coming in his lane, that I was in. He was flashing his lights like a madman. So I figured he was an undercover police officer. Turns out he was trying to warn me. Should have known damit! Anyways there was a state trooper sitting in a residential driveway,I looked down and my speedometer read 58. He backed out and pulled me over. Here is the ironic part, he said that the radar read 64. So he writes me a ticket for 64 in a 55. Confused? I am. here is my question, I was told that if any information is wrong on a ticket the ticket is void. Is this true? he wrote it as 64 in a 55 when I was in a 45 zone. I am slightly happy about that but could be happier. Also I have been told in the past that an officer can't shoot radar from a residentail driveway. Is that true also? BTW, I was in my pickup not my NSX.
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got a speeding ticket
- Thread starter steveny
- Start date
The laws vary considerably from state to state. In most cases, the 'any wrong information' thing is not true. In most places the ticket is only invalid if the information that is incorrect is directly related to the offense. For example, if the ticket said the time was 2:17 when it was 2:58, that is not relevant. The speed limit is in a grey area. You were speeding in either case, so the judge may say the incorrect speed limit on the ticket does not materially affect the charge. On the other hand, it does determing the amount of the fine, so it could be ruled as relevant. Only a lawyer familiar with your state laws can say for sure.
Good luck.
[This message has been edited by David (edited 17 July 2001).]
Good luck.
[This message has been edited by David (edited 17 July 2001).]
I dont think I would bring up the wrong speed limit as if you are found guilty you could end up paying for a ticket 19 mph over instead of just 9 mph over.
not sure if this is another wifes tale, but look into your state laws on passing / overtaking other vehicles. It is my understanding that you can exceed the speed limit (within reason) to pass in a safe manner, with the expectation you will resume normal speed. You could claim to the judge you were coasting back down to 55.
not sure if this is another wifes tale, but look into your state laws on passing / overtaking other vehicles. It is my understanding that you can exceed the speed limit (within reason) to pass in a safe manner, with the expectation you will resume normal speed. You could claim to the judge you were coasting back down to 55.
They can amend a ticket to correct any erroneous information, even information that's relevant to the charge.
However, in many jurisdictions, a minor charge (such as 64 in a 55) can be handled in a way (such as traffic school) that will not result in a conviction on your driving record (although it may still cost you a fine and/or court costs).
You might want to consult with an attorney who's familiar with the traffic court in that jurisdiction to see whether you might want to have him represent you, or you could just go to traffic court, argue it as though it were really 64 in a 55, and take your chances.
However, in many jurisdictions, a minor charge (such as 64 in a 55) can be handled in a way (such as traffic school) that will not result in a conviction on your driving record (although it may still cost you a fine and/or court costs).
You might want to consult with an attorney who's familiar with the traffic court in that jurisdiction to see whether you might want to have him represent you, or you could just go to traffic court, argue it as though it were really 64 in a 55, and take your chances.
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