I was actually going with the flow of the traffic, which was 45-49 mph, but accelerated briefly to move into the left lane. The car i cut in front of was an unmarked cop car & he said his ICCS (In Car Camera System) recorded 62 mph in a 40 mph zone & gave me a 6 point violation. He said it will get reduced to 4 points if i pay the fine.
This is my first "speeding" ticket in my 10 years of driving, but had a traffic camera violation ticket for not stopping completely before making a right turn in red light from 3 years ago. Do i have any chance if i contested on the grounds that i accelerated only to change lanes? I'm mostly concerned about my insurance premiums going up.
This happened on Airport Blvd. between Colfax & 6th Ave.
DUI / DWI Attorney
No. Speeding is a strict liability crime. The reason why you exceeded the speed limit is not relevant. The state must only prove that you exceeded the safe and prudent speed by 20-39 mph to convict you of the 6 pt speeding offense. If you want to try and reduce the ticket farther than a 2 pt reduction, consider hiring a traffic attorney to assist you.
The Orr Law Firm, L.L.C Is Colorado's Premier DUI and Criminal Traffic Defense Law Firm. Rhidian Orr is the senior partner and owner of the firm and focuses his practice exclusively to DUI and criminal traffic matters in the state of Colorado. His decision to answer your questions does not constitute an attorney/client relationship.
Criminal Defense Attorney
Trying to justify exceeding the speed limit based on surrounding circumstances can only be used in very specific situations that do not apply in this case. Contesting the ticket should be based on the validity of the recording system or the position of the office to utilize the system properly. Your best option is a possible plea agreement for a reduced charge. I would consult with an attorney before you engage in negotiations to put you in the best possible position to reduce the risk of increased insurance premiums.
Since speeding is a strict liability crime, you are not likely to "beat it." Expect a 2 point reduction to a 4-point speeding ticket or possibly even a three point ticket.
The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice.
DUI / DWI Attorney
Additionally, knowing where you received your traffic ticket and what court has jurisdiction over your case can largely impact the outcome of your case. Call a traffic lawyer, most offer free consultation.
The information provided in this answer is only general shall not be deemed to create an attorney-client relationship