What is the worst thing that can happen if I was doing 5 miles over the limit?

Asked about 5 years ago - South Wales, NY

I was driving one particular day up to see someone I knew, I was caught speeding, but, I was only doing 35 in a 30 mph zone, i am 18 and passed my test last November 2008, what is the worst that can happen? I have had my letter, Do I just fill it in and get it to them as soon as possible or what?

Attorney answers (1)

  1. Victor Joseph Mazzaraco

    Contributor Level 8

    Answered . WHAT YOU DO IS FILL OUT THE CITATION BY CHECKING THE "NOT GUILTY" BOX AND REQUESTING A COURT TRIAL. RETURN IT TO THE COURT AND YOU'LL BE NOTIFIED OF THE DATE AND TIME YOUR TRIAL WILL BE HELD.

    ON THAT DAY AND AT THAT TIME GET TO COURT EARLY AND LOOK FOR THE OFFICER WHO ISSUED YOU THE TICKET. BE POLITE AND RESPECTFUL AND MOTION TO THEM THAT YOU'D LIKE TO HAVE A WORD WITH THEM. ASK IF THEY'D DISMISS THE CASE, CONSIDERING IT'S ONLY 5MPH OVER THE LIMIT. AND IF THEY WON'T DO THAT ASK IF THEY'LL AMEND THE CITATION TO A NO-POINT INFRACTION.

    IF THE OFFCIER DOESN'T SHOW UP WHEN THE TRIAL IS SCHEDULED, YOUR CASE WILL BE DISMISSED (UNLESS HE CALLS THE COURT WITH A GOOD EXCUSE). THE GROUNDS - IF YOU'RE ASKED - ARE "DISMISSAL FOR LACK OF PROSECUTION."

    HERE IN CALIFORNIA, A TICKET AT 35MPH IN A 30MPH ZONE WOULD BE A "BASIC SPEED LAW" CASE - A GREAT ONE TO FIGHT. IN A NUTSHELL, AT THE SPEED YOU'VE BEEN CITED FOR, THE OFFICER HAS TO PRODUCE A CERTIFIED COPY OF WHAT'S CALLED AN "ENGINEERING AND TRAFFIC SURVEY." HE MUST PRODUCE THIS AT YOUR TRIAL IF HE WANTS TO INTRODUCE EVIDENCE OF ANY RADAR READINGS. AT THE VERY MENTION OF THE WORD "RADAR" OBJECT AND SAY "THE OFFCIER HASN'T LAID A FOUNDATION FOR THE INTRODUCTION OF RADAR EVIDENCE."

    NOTHING SHORT OF A CERTIFIED COPY OF THE SURVEY WILL DO. AND THE SURVEY MUST JUSTIFY THE SPEED LIMIT WHERE YOU WERE CITED, WHICH REQUIRES A STATISTICAL ANALYSIS OF TRAFFIC THROUGH THE AREA AND 85% OF THAT TRAFFIC TO TRAVEL AT A SPEED WITHIN 5MPH OF THE SPEED LIMIT YOU ARE ACCUSED OF VIOLATING. SETTING A SPEED MORE THAN 5MPH BELOW THAT AT WHICH 85% OF MOTORISTS TRAVEL WOULD MAKE TOO MANY OF THEM LAW-BREAKERS.

    WITHOUT THE SURVEY, OR IF THE SURVEY FAILS TO JUSTIFY THE POSTED SPEED LIMIT, THE RAMIFICATIONS ARE BEAUTIFUL - FOR YOU. NOT ONLY CAN'T THE OFFICER INTRODUCE EVIDENCE OF RADAR READINGS, HE'S PREVENTED FROM TESTIFYING FROM HIS OWN PERSONAL OBSERVATIONS, TOO. AND - BEST OF ALL - THE COURT IS DEEMED TO LACK JURISDICTION TO RULE ON THE CASE. IT CAN'T CONVICT YOU EVEN IF IT WANTS TO. CASE DISMISSED - YOU WIN!!!!!

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