How should she plead to her traffic violation?

Question

On the first of July, while driving in Kentucky, a female friend was pulled over for speeding. It happens that I was in the passenger seat asleep at this time, and she was driving my vehicle at my request.

The officer was a plain clothes seargent in an unmarked vehicle with no radar and no camera. The weather was clear and there were no other vehicles within at least a mile of us with whom we could have been confused. He states on the ticket that he paced my vehicle traveling at "90 plus" but wrote the ticket for 85 in a 70. At the time that I was awaken due to her notifying me that she was being pulled over I immediately observed her speed to be 75.

Her court date is tomorrow, and i'm in the process of determining her best legal route here. She can either ask the judge for permission to enter a plea agreement, i.e. assessing court costs and ordering the completion of a traffic improvement school in lieu of assessing points, or she can plead not guilty. Your thoughts?

Answer 1

1) You weren't driving, so it's no concern of yours (that is the way the judge will see it).

2) Did you see inside this officer's vehicle? How do you know there was no radar? Oh, and btw...pacing is quite common, as police vehicles have certified speedometers (for just such occasions).

3) You say you say her speed was 75 when you woke up...how long was the time from when she got clocked, or at least saw she was getting nailed, to when she woke you up?

Let her decide her own fate...but it'd be easier for all if she requested DD to keep the ticket off her record.

Answer 2

She can't plead not guilty, because she was speeding.  If you can prove that the speed was 5 mph less, there may be a plea agreement.  Keep in mind, that it was already lowered from 90 + to 85.  Get to court early, and speak to one of the attorneys that are handling the call.

Answer 3

I would talk to a public defender and see what advice they have for you before you go before the judge. Just ask the baliff  what you need to do to talk to one before your arraignment. Then you can at least get another opionion. If she pleads not guilty she may have a chance of going to trial which could be a pain in the butt. If the officer doesn't show she could get away because there is no proof of the incident except the ticket and she can plead her case. Goodluck