ANSWERS: 5
  • Only the magistrate judge can dismiss a ticket. But at 59 in a 45 zone, Dont count on it!
  • it could be but you were still speeding.
  • possibly even though you were still speeding even in a 45. What you have to do though is prove the cop was not accurate. You can ask him what the weather was like, what color your vehicle was, what was the traffic flow etc. if he cannot answer these questions the ticket could be thrown out. BUT you still stand a chance of pissing off a judge for your tactics and be fined to the max. MY suggestion is to wait till you get a court date and reschedule. depending on your state you can reschedule a limited number of times. But every time your court date is near reschedule the court date until you can no longer do so. Then show up for court. The cop will either not show and the case will be dismissed or so much time will have passed he won't remember a thing!If you have pictures showing the traffic sign is wrong it will be tossed then. Of course you could also just pay the fine in pennies and nickels thats also a good one!
  • This is actually one of the more interesting questions around. Depends on how much you care to pursue it. If I were you and chose to pursue/fight it, I might argue that since the officer was unaware of the actual speed limit, he was under the impression that you speeding by a greater amount than you actually were: he thought that you were going 19 mph over the limit but you were just going 14 over the limit. Most reasonable people are aware that cops usually give SOME leeway - i.e. it is unusual to get a ticket for going 57 in a 55 mph zone though I'm sure it has happened to someone somewhere. If you were able to establish that this particular cop tends to fine only people who break the limit by 15mph or more, then you were ticketed in a way inconsistent with this cop's own procedure. However, the fact is that you were still speeding and the above idea might be seen by some courts as irrelevant. However, you are probably better off using this as a springboard to suggest that this officer was incompetent: if s/he did not know the speed limit on a road that s/he was patrolling, what other careless mistakes might have been made? It is all about creating reasonable doubts; in my humble opinion, even when charges are dismissed on a so-called "technicality," it is because that technicality raises the question of what else might have been sloppy procedure. I give you 50-50 it will be dropped, 75-25 it will be reduced to a lesser infraction.
  • Thats still 14 mph over the posted speed limit. Go to the four hour defensive driving class. You will learn something and your citation will be dismissed, once you have successfully completed the four hours.

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