I am Fighting my 95 mph speeding ticket--here's my defense

[skygodmatt]

Busted for 95 in a 65 on my Speedy.
I will let you guys know on November 17th if I win.

Here's my story and I am sticking to it:

I was being tailgated at 80 mph so I increased my speed for separation to be safe. This was actually true. I am:

1) Mailing a discovery request which requires me to see all officier certifications, radar calibration tests, and written copies of tickets, and statements.

2) I am citing the basic speed law VC22350 which states:

22350. No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property

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So, I have three shots at winning. If the DA does not comply with all information required in my discovery request, it voids the Penal Code 1054.1 and the citation is dismissed. Second, I am hoping the Judge will accept 22350 due to safety. Third, if the officier doesn't show, I win.
For my $380 ticket it is worth a shot.


What's the forum's take on this?

[Bohdan]

Depends what is important for you.
- saving money now - I'd say you have some chance of this, maybe 25%. Officers rarely do not show up, you'll get the papers for sure, so there is a chance for judge being sympathetic. If nothing works, you loose day in court, pay ticket ($$), get points on license and possible hit from insurance hike.
- spending money now to avoid lasting effects as listed above - get a lawyer. He can probably lower offense to below 14 above limit, so it won't get reported (that's how it works in Georgia). You pay laywer, pay fine and you're done.
Now choose your poison.

[MajBuzz]

I heard an almost identical case not long ago while waiting for a friend and the first question the judge asked was why were you exceeding the speed limit to begin with. I would be well prepared to answer why you were doing 80 in a 65 right off the bat.

Second the motion for a lawyer if you want to fight it, I had a wreckless dropped to a simple speeding for a very small fee. Well worth the cash due to savings in insurance etc.

Good luck.

[M700R]

One photo of you grinning next to your speed triple and you're sunk...

[ibthegator]

GUILTY!
50 lashes.
down to 25 lashes for owning a speedy

It will be reduced some but that is it bubba.

Always fight your tickets, it is worth it.
Of course I have all the time in the world but fight them tickets if you can.

[schaney]

Just tell the judge you ate a whole lot of chinese food for lunch and was in a hurry to find a rest stop otherwize you would fill up your drawers on your speed triple and you didn't want to be "that guy".

[UNCC CivilEngineer]

30mph over the limit... I'd say your chances are slim to none... Hire a lawyer.... or let us know how bad it ends up being when you lose.

[Speedy Russ]

I got a ticket for doing 99 in a 70 a few years ago on a Z1000. I was actually going much faster but the cop gave me a break because I was a total ass-kiss (not literally of course ). I ended up getting a lawyer and had the ticket reduced to "defective equipment" which is a no points offense. I still had to pay the ticket which was $150 and another $150 for the lawyer but all in all, it could have been much worse. Good luck man!

[Major Pain]

Cops always plan their court dates for when they plan to be on duty or some convienient time.. If yo change it on them it increases the chance he wont be there. yea I like hiring the ambulance chaser. Who cares how you win as long as you win. Never hurts to use the system they made against them when ever you can... but the lawyer is always a good choice!

[Mk003]

You can't fight a ticket by giving an excuse why you broke the law. You need to prove beyond a reasonable doubt that you are not guilt of the charge. That is the only way you can win. Otherwise a judge will simply ask you if you went over the speed limit. If you answer "yes" then you might as well plead guilty from the beginning and take traffic school!