Guest

In addition to seeking a trial by declaration (mail), this is the best advice I've seen so far. Your only realistic chance is to have the state (officer) fail to "show up" and make their case for guilt (this is true in the trial by declaration as well --you win if the officer fails to submit his testimony by mail; otherwise, it is almost the same as being in court, except that the judge does not get the opportunity to ask you or the officer questions about your declarations).

Most of the other "advice" is just silly stuff that the judges have heard/seen a million times before, which results in a loss of any credibility (and may insult many judges). First of all, you are responsible for ensuring that your car is in a safe condition to drive, so any type of "mechanical explanation" (faulty speedometer) will only serve as justification for the judge to impose the maximum penalty. Secondly, you are in no position to "negotiate" your penalty with the court -- thus, any attempt to "bargain" with the court by pleading guilty with no fines, points, etc. is another diversion that may insult many judges, thereby causing them to impose the maximum penalty.

Because of the ongoing war in Iraq, you may garner some sympathy from the judge by showing up in uniform, but I would be very careful in playing this card since the judge is well aware that many of your peers are dying in Iraq while you are arguing about paying a fine for a minor traffic offense that you very likely committed (i.e., if the officer shows up, the court agrees with him/her 99+% of the time because s/he has no motive to lie, but you do).

As an alternative to a trial (whether by mail or in court) which wastes the court's time, I would carefully explore "traffic school" or some type of defensive driving course. In many jurisdictions, if this is your first offense in a long time (say 2-3 years), you can opt out of the entire court process by accepting "traffic school," which requires you to waste one day in a defensive driving course, but usually results in a suspended sentence (i.e., no points or fine) for a fixed period of time (say 1 year) -- if you are "clean" (no other tickets) over the fixed period of time, then the case is dismissed afterward and your driving record is clean.

However, most jurisdictions now charge an administrative fee to opt out for "traffic school" and each "traffic school"/defensive driving school has its own fee for the course. In many instances, the administrative and defensive driving course fees together may be greater than the maximum fine for the ticket, but you will have a clean driving record, which will save you insurance $$ in the long run. The courts/judges love this option because it saves them the pain of having to hear every ridiculous, hard luck story you can imagine in court, which only motivates them to impose the maximum fine in the end anyway.

Robbie

Speed limits are there for a reason guys. I have no sympathy.

Sorry for my bluntness, but I've dealt with too many dead people (many of them the innocent party) who have been the victim of poor driving.

Ruf930

Robbie, I agree with you.

I was wrong. My only complaint is does it have to punch my wallet SO hard. 4 points and a $120 fine. Sitting curb side with a cop behind you as people drive by with that "another jerk in a BMW" look is enough.

Ruf

robg

Surprising comments from a Brit, where driving as one pleases is trated as a fundemantal right (at least it was when I lived there for a year in the mid 80's).

Off topic, I know, but . . .


Speed limits may serve a valid purpose in some areas (neighborhoods, schools zones), but on highways they are are random and I do not see any inherent evil in all speeding. In the US, some highways are 55, some are 65, and some are 75, with no real difference in condition. I often drive strtches of road where the limit changes from 65 to 55 with no apprant (otherthan higway funding laws that mandat changes) reason. And, the same sterech of road in the US with a 55 mph limit, would have no limit/ very high limit in Germany or other parts of Europe.

I am not in favor of reckless driving. But speed should be based on conditions and safety, not politics.

pbsaj

Surprising comments from a Brit, where driving as one pleases is trated as a fundemantal right (at least it was when I lived there for a year in the mid 80's).

Off topic, I know, but . . .


Speed limits may serve a valid purpose in some areas (neighborhoods, schools zones), but on highways they are are random and I do not see any inherent evil in all speeding. In the US, some highways are 55, some are 65, and some are 75, with no real difference in condition. I often drive strtches of road where the limit changes from 65 to 55 with no apprant (otherthan higway funding laws that mandat changes) reason. And, the same sterech of road in the US with a 55 mph limit, would have no limit/ very high limit in Germany or other parts of Europe.

I am not in favor of reckless driving. But speed should be based on conditions and safety, not politics.
[/quote]

That is a noble comment - but nonetheless, the law is the law (quite literally) and if you are caught speeding the "politics" excuse will not go very far. There are good arguments on both sides of the argument, but none are relevant in a courtroom.

robg

I agree that "politics " will not work in court. Just a comment on speeding laws generally.

evperry

I have sympathy becuase there is a BIG difference in reckless driving and someone going 10-15 MPH over the posted limits, its not a big deal at all.

Now people who drive reckless with swerving in and out of traffic, tailgating, and racing in traffic should be hauled into court.

Just yesterday on the way home from the dealer I was in traffic going with the flow of it and i get hit with a laser twice. There are at least 20 cars all spaced properly yet exceeding the limit by maybe 10 MPH. happen to have a zr3 + sr7 in that car so they cant get my speed, but should I be hauled into court for such a minor vioation and hit with points?The equivalent for getting a ticket for jay walking.

Robbie

At 40MPH, the typical stopping distance is 36 metres. At 50MPH it is 53MPH. poor kid who stepped into the road 37 metres in front of you when you're doing 50MPH in a 40MPH zone.......oh, I forgot, you're a careful driver, so the kid wouldn't step into the road between those two parked cars where you couldn't see him. Shame he's dead now, so you can't explain to him what a careful driver you are, and that speeding is OK if you're not reckless.

530E60NL

Wow.. very good info!

Robbie

Wow.. very good info!
[/quote]


Sorry, missed the typo...i meant of course metres, not MPH:

At 40MPH, the typical stopping distance is 36 metres. At 50MPH it is 53 metres