Quick Speeding Ticket Question

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Old Dec 6, 2007 | 11:26 AM
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Default Quick Speeding Ticket Question

I got a speeding ticket for 52 in a 40. Only problem is there is not 40 mph speed limit sign, only a 45 mph sign that I passed about a mile from where I got pulled over. Question is, if I go to fight this, and win, does it completely void the ticket, or will they still bang me for 52 in a 45?
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Old Dec 6, 2007 | 11:27 AM
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were you speeding?
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Old Dec 6, 2007 | 11:31 AM
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Honestly, I dont know, when I saw the cop, I was doing 44-45, but he said he nailed me coming down the hill, which I could have been but I wasnt paying attention. I dont know if the a-hole was just trying to meet a quota since he didnt know the speed limit in the first place or what. He refused to show me his radar reading, which i know in some states they dont have to, not sure about here
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Old Dec 6, 2007 | 11:41 AM
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Get a lawyer and fight it. 95% chance the cop wont even show up for the court date and it will get dismissed. I got a failure to control speed back in june from an accident for work, got a lawyer for $150 and it got dismissed bc the cop never showed up. It was a bogus ticket and I wasnt gonna let it get put on my CDL.

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Old Dec 6, 2007 | 11:56 AM
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When do the cops show up or want to show up?
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Old Dec 6, 2007 | 12:23 PM
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Originally Posted by Jip99z
Get a lawyer and fight it. 95% chance the cop wont even show up for the court date and it will get dismissed. I got a failure to control speed back in june from an accident for work, got a lawyer for $150 and it got dismissed bc the cop never showed up. It was a bogus ticket and I wasnt gonna let it get put on my CDL.

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The whole point of me fighting this ticket is to save money. I think Im better off taking the whole ticket and paying it rather than hiring a lawyer.
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Old Dec 6, 2007 | 01:28 PM
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Originally Posted by Jip99z
Get a lawyer and fight it. 95% chance the cop wont even show up for the court date and it will get dismissed. I got a failure to control speed back in june from an accident for work, got a lawyer for $150 and it got dismissed bc the cop never showed up. It was a bogus ticket and I wasnt gonna let it get put on my CDL.

JP
Just plead not guilty and ask for a judge trial, they will reset the court date and let the cop know when it is. If the cop shows up, plead your case. If he doesnt...dismissed. Thats all a lawyer is going to do for you right there. There is no reason ANYONE should have to get a lawyer for a simple speeding ticket.
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Old Dec 6, 2007 | 01:34 PM
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I never have had a lawyer, and never will use one. When I was living in Cali, I was written about 14 tickets from age 16 to 21. I went and fought all but one. 10 out of the 13 tickets I fought, the cop never showed. However out here in this one horse town I dont know if the cops have anything better to do. I've only received one speeding ticket in the 3 years Ive been here
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Old Dec 6, 2007 | 02:07 PM
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Originally Posted by TchargedLS1TA
I got a speeding ticket for 52 in a 40. Only problem is there is not 40 mph speed limit sign, only a 45 mph sign that I passed about a mile from where I got pulled over. Question is, if I go to fight this, and win, does it completely void the ticket, or will they still bang me for 52 in a 45?
The charging instrument used by the prosecutor will be based on the ticket. The charging instrument will probably have the "40" on it. If so, it should be fatally defective and you should be able to motion the case out before having to try it. To bolster your argument, see if the court has a copy of the speed ordinances available so you can show the judge. If they do not have it, take a picture of the sign to court. Just make sure the officer didn't clock you when you were in a speed transition - for example, it may have been 45 further back and that's where you were clocked. Good luck!
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Old Dec 6, 2007 | 02:42 PM
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^^ take a picture of the sign, and highlight where on the ticket it says you were pulled over, just to start your argument, then just wait for the cop to not show up and you're free
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Old Dec 6, 2007 | 03:05 PM
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Originally Posted by TchargedLS1TA
However out here in this one horse town I dont know if the cops have anything better to do. I've only received one speeding ticket in the 3 years Ive been here
Thats the other thing.... small town. It may just be worth it to go ahead and request defensive driving. I think that #1 the cop WILL show up to the court date and #2 a little town is going to get its money regardless. Might as well make it painless and not go on your record.
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Old Dec 6, 2007 | 09:59 PM
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just take it to court and see if you win... i always take my tickets to court and fight them beacuse their is a chance you might get a reduction or a dismissal.. good luck bro...
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Old Dec 6, 2007 | 10:15 PM
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pm sent.
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Old Dec 7, 2007 | 10:19 AM
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My next question is, In California, if you chose to fight it, you gave up your right to attend a defensive driving course if you lost the case. Is it the same for out here?
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Old Dec 7, 2007 | 05:37 PM
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Did you get my pm I can get that ticket dropped for you
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