Received a speeding ticket for what the officer said was 49 in a 35 mph zone...However he also admitted that he never locked in and also got a reading at 41 mph...fight it?
by 
keenguitar
ANSWERS: 6
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for sure,most cops dont show up for court so there is a huge possibility it will get dismissed. are you female?dress nicly!
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In my city, officers appear in court without fail and recieved departmental warnings if they don't. so don't rely on the officer not to show. You could make the argument that if the officer got two different speeds, both might be faulty. Still, the jusge or hearing officer may counter that with the fact that even the lower number was higher than the speed limit. I don't advocate people trying to get out of tickets they deserve, but if you appear in court, make sure to ask whether the officer is certified to use a speed gun and whether it had been calibrated that day. Both must be true to issue a valid ticket. In the meantime, drive safely. Someone out there loves you or the person you may injure.
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If he admitted that to you, than he might be a decent, honest cop who will admit the descrepancy to the judge. I had a similar situation happen a year ago; a notice had been sent to a former address. It was my fault because I didn't update my license. But still, during the court hearing the cop told the judge that the county sent the notice to the wrong address and recommended a dismissal. I thought I'd have to fight in court, but the cop spared me that. So, If you were polite to the cop and he to you, you're chances might be very good and you won't have to do nearly as much fighting as you think you will. Good luck and try not to lose sleep before the hearing like I did!
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Bottom line....you apparently were speeding over the 35 mph speed limit, so if its 41 or 49, what difference does it make? Clocked a cement truck one day going 76 mph in a 45 mph construction zone. i advised him of his speed in lasar radar, he said, "but sir, my truck will only go 75 mph, top end". Should he have made that statement?
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If it's 41 instead of 49 could make a major difference. See if they have done a traffic and engineering survey within the last 5 years as some posted speed limits are not supported by these studies.It could be that 41 was a safe speed for the conditions you were driving under. If you were actually going around 49 however, just pay it or go to traffic school. Perhaps this officer isn't properly trained in the use of radar as well.
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I have to agree with meganc. I went to court one day on a violation (have had two in 20+ years) and seven cases were dismissed because the officer failed to appear in court. Luck or whatever, speeding tickets are expensive. I know, there is a reason for that, right. Sure!! I see cars speed by me at 80-90 mph on the highway every single day. Several times, the car speeding by me is a state police cruiser. I'd bet money, that most speeding violations are captured by speed traps, just waiting for hard working people, just trying to get home after a hard day at work. Thanks for letting me vent.
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