Several months ago I was cited for doing 44 in a 30 zone (via Radar - Estimated).

The officer was hidden in a private drive. I looked at my speedometer when passing the officer and noticed that I was going slightly under 40. Anyhow, upon giving me the citation, the officer said it was a warning. I was quite relieved since I haven't had a ticket in 25 years. I placed the citation along with my registration back in the glovebox, knowing that I didn't have to do anything. At the time my kids were in the car and said I was pretty lucky to get a warning. Last week I received a letter from the RMV stating that I'll be arrested if I don't pay the speeding ticket. (this included a $65 late fee). I was totally shocked. I then asked my kids again and they confirmed that the officer said warning not ticket. I'm planning on appealing the ticket.. Any suggestions?
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Answers (3)

Phil A. Taylor

Phil A. Taylor

Contributor Level 6
First, look at the ticket and see if it says that it is a warning or a citation. If it says that it is a citation, you may be out of luck as the time time request a hearing has passed. If it says that it is a warning, then there may have been a clerical error somewhere that needs to be straightened out.

Either way, if you want to contest it you should speak to an attorney about the specifics of the situation and how to best proceed.

DISCLAIMER: This answer is provided in response to a "hypothetical" question and provided for general, informational purposes and does not create an attorney/client relationship. The information presented is not legal advice and may change based additional information and research. It is recommended that you speak to an attorney to discuss your specific legal issues.
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Jason Y. Chan

Jason Y. Chan

Contributor Level 7
If you are not planning to appeal then you need to pay the ticket right away. You don't want the DMV to take any further action against you. You don't want your license to be revoked.

Attorney Jason Chan
www.attorneychan.com
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Alan James Brinkmeier

Alan James Brinkmeier

Contributor Level 10
Radar data does sometimes give rise to defenses that can be raised as does photo evidence. You need to be represented by an attorney skilled in these matters, though, to best take advantage of any potential defenses.

Good luck to you.

NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an atttorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.
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