Want to fight a speeding ticket, chances of success?

Question

I got a speeding ticket for 78 in a 55. This was on I-25 in Colorado at 1:15 AM. There were no cars remotely close to me, 55 is obviously slow for such a major highway, I have only a minor speeding ticket (plea bargained down to defective vehicle) before since I got my license which was issued more than 2 years ago. Basically my speeding posed no danger to anyone was not ridiculously excessive and was in all reality an honest mistake because I was not in a hurry to be anywhere at 1 in the morning. I am a college student at CU Boulder where I maintain a high GPA (3.8) don't drink don't smoke have never been convicted of anything aside from the afforementioned ticket have never been involved in a motor vehicle accident (not even a fender bender) and to be perfectly honest believe the severity of the ticket does not reflect the severity of the infraction. Any advice? I'm going to fight the ticket tooth and nail because it is ridiculous.

Answer 1

If you want to waste your time and pi*s the court off by wasting THEIR time go for it...you have no defense and the punishment argument isnt going to wash...let us know how it works out...i cant wait to hear what your judge says

Answer 2

If you go to court and provide the excuses for speeding that you listed, you will lose.  However, if you go to court and provide an explanation for why you were speeding you have much better luck having the fine reduced. And, frankly, all you have provided so far is just excuses. Sounds to me like you deserved the ticket and should save yourself court time and just pay the fine.

Answer 3

Years ago I was speeding 20 miles over the limit and got nailed for 3 points and a few hundred dollars. I was more careful after that and being it was 18 years ago it was a valuable lesson.

The person who told you to call  the DA is good advice or call the magistrate where your hearing is to be held. Or get a lawyer. Whatever the case see if you can get the points reduced as it will zap your insurance coverage fees.

Answer 4

Ill kill your defence one at a time. You say no one was around but were you arrested by the wind. There clearly was someone around. The cop. Second, you say 55 is slow for a major high way. Is it always this slow-if so  you know the law. If not ignorance of the law is no excuse. You say you are not in a hurry but your goin 23 over. You say you have had your license for 2 years and your just bout applying for college, u must be 18 then. At 18 you pry were just having fun goin that fast,despite how slow it is. I say ure busted and at 18 goin that fast you deserve.

Answer 5

One of the best chances you have is if the ticketing officer does not show up for court.  If he/she doesn't then the ticket is usually automatically dismissed.  If he/she does I would ask to speak to the Magistrate and plea down.

Answer 6

I'm sure that the court will weigh all of the factors that you have mentioned about yourself.  You sound like a nice person with a good head on your shoulders.  However, your character plays no part in whether or not you deserve a ticket.  The court might spare you the price of the ticket, depending on how well you argue your case, but you will still owe the court for 'court costs'.  If I were you, I would probably just pay the ticket and then look into a defensive driving course.  You can also inquire about a diversion program in your area.  If you attend a class, such as defensive driving, you can have the points that you receive from a traffic ticket taken off of your license.  The points will be removed forever, as long as you maintain a clean driving record for a period of time stated by your local statutes.  Good luck!

Answer 7

The speed limit was 55.  You were going 78.  The punishment for the violation is set by the court that you are going to be arguing your case to.  It's a speed limit not a speed suggestion.  Pay the ticket.

Answer 8

I agree.

What was the officer thinking of?

But I don't know the laws in the US. In the UK there is pepipoo.com for advice.

Answer 9

Let us review.

You were driving 78.  The speed limit was 55.  You were therefore 23 mph over the limit, thus breaking the law.

Your defense is that you're a good student and don't drink or smoke.  Yeah, that's not a defense.  Why isn't it a defense?  Because you're not accused of being a poor student or of drinking or smoking: you're accused of speeding, which you were doing.  You'll lose, and you'll have to pay the ticket.

Answer 10

23mph over isn't excessive!?!

Let's review, shall we? The Court is not going to care who you are, what you do and don't do or what you think. I can tell you right now, NO Judge is going to put up with the attitude you have right now.

You can;

1.)Make a deal with the Prosecuting attorney to pay the fine and lose the points or amend the charge to a non-moving violation at the same fine. It's one or the other, not both.  

2.)Spend more money on an attorney that will do the above for you.

3.)Show up in Court with your self righteous attitude and possibly get the Judge PO'ed with you and get both the fine AND the points.

I'd take option #1 if I were you.

Answer 11

I work late nites, often commuting home after midnite.  The roads are deserted.  I come to traffic lights that are on automatic & there's no other traffic, just me waiting at this red light to make a left turn.  The temptation to just go, because there is no one else around, is extremely strong.  

However, I realize that because it is dark, the lighting not that great, that there might be some vehicle on the side that decides to pull out because the traffic light says I should not be coming, or even a pedestrian that i cannot see because my headlights are pointed ahead, not to the left where I plan to go.

These highway rulles are pretty clear.

They do not say that it is Ok to do other things when we do not see a cop around.  They do not say that it is Ok to do other things when the traffic density is very light.  They do not say that each and every one of us is free to change the rules at our whim.

They do not say that the law is different based on if we are good people ... to quote a DA in "Law & Order" TV series ... "The law says it is illegal to kill.  It does not say that it is illegal to kill nice people." in the context of a defense that some person was so evil that they needed killing.

There are provisions for the voters to ask legislators to amend the rules.

For someone to break the highway rules then argue as you are doing, reminds me of the King in mythology who stood on the beach and commanded the tide to stop coming in.  If you read that story, you know he almost got drowned.

You are like that King.  He thought because he rulled by divine right, he had the power of God to change the rules.

In today society there are a lot of people like that King.

Answer 12

your going to get stuck paying the fine your best bet is to plea no contest and get the points dropped don't tell the judge all that stuff you said up there or you are just going to p**s him off oh yeah not ridiculously excessive its 23 MPH over the speed limit that is a little excessive and the speed limits are there not just for every one Else's safety but your own

Answer 13

Well, first the law is the law....

you gotta obey it whether you like it or not

I got a huge ticket for not switching lanes after driving in the lane next to a police car who had someone pulled over on the freeway.. there was no room, I slowed down..

But yeah.. 300 some dollar ticket and like 4 points.  I was irritated too.  Fought it tho..

Go to court, talk to the DA

They will most likely reduce your points and fine for showing up.  Otherwise laywers can fight it for you for about 100 bucks, and the points go to zero.  ( Youll probably get letters from them in the mail soon.)  Usually the fine goes up too then.

Good luck.  Stay in school and keep getting those grades