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Speeding Ticket / 2011 Speeding Laws

Asked over 2 years ago - Gurnee, IL

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I was heading northbound on Interstate 94 at around 3:00am when I was pulled over by a police officer. I was absolutely blown away when the officer told me that I was going 96mph in a 55mph zone. Due to intermittent mechanical problems with my car I have no way of actually verifying my speed, and I have a gut feeling the officer took advantage of me because I mentioned this to him. I've never had my '04 Cavalier over 80mph due to how shaky it feels, and it didn't feel that way when I was pulled over. When researching the fines I was absolutely mortified to find that doing 40+ over the limit can be punishable with 1 year in prison and up to a $2,500! Since I drive for a living I'm absolutely terrified that I'm going to lose my job! What can I do to fight this!?

Additional information

Observations: Driving back from my date I had the radio turned off (in fact, my faceplate to my radio was in my council) and I could hear my engine clearly. My engine did not sound like it was running at an unusually high rpm. To obtain a speed of 96mph I would have had to have had my foot buried to the floor which I did not. I was in fifth gear and had the gas pedal compressed midway. The officer also didn’t tell me how fast I was going until after I told him about my speedometer. In fact, he didn't say a word to me after I told him about the speedometer. He simply walked away and didn't speak to me again until after he came back with the ticket.

Attorney answers (2)

  1. Pro

    Contributor Level 20

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    Answered February 13, 2011 18:02. you need to appeal the ticket within the time frame stated on the ticket and then retain an attorney to represent you at the magistrate hearing. If this is a criminal complaint then you need an attorney to represent you. You cannot represent yourself if this matter is so important to you because you will be too emotional over this. retain an attorney it will be worth it and i am sure it will all work out.

  2. Contributor Level 20

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    Lawyer agrees

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    Answered February 14, 2011 06:02. It is not a great idea to represent yourself.

    You do, however, have the constitutional right to do so. I would recommend spending an entire day in the court to observe how judges handle self-represented defendants to get an idea of how irritated they get at amateur lawyering.

    If you really want to represent yourself, you should purchase an hour of a traffic attorney's time to have her or him coach you on how to handle things.

    A better choice if you do not want to pay the fine is simply to hire an attorney. The approach suggested in your situation is to hire a traffic attorney with the following goals in mind: 1) Look for a technical defense that will get the citation dismissed; 2) Try to negotiate agreement with the prosecutor to amend the citation to become an infraction that does not get reported on you record; and 3) Ask the judge for a deferred finding (Supervision Program in my state) if you and your lawyer are unable to find any technical defenses.

    You might find my Legal Guide helpful "How to Choose A Lawyer For You"

    http://www.avvo.com/legal-guides/ugc/how-to-cho...

    You might find my Legal Guide helpful " What Do I Tell My Lawyer"

    http://www.avvo.com/legal-guides/ugc/what-do-i-...

    Check with a lawyer in your locale to discuss more of the details.

    Good luck to you.

    God bless. Best of luck to you.

    If you found this answer helpful, let me know by clicking the Thumbs-Up tab at the bottom. You may mark this as a Best Answer for the time I spent crafting this and thinking about your matter.

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