i received an traffic ticket at a weigh station for doing 10 miles over the posted 3mph limit they chose to charge me with speed unsafe for conditions. I pled guilty tho i do not feel that driving 13 miles an hour is ever unsafe,and asked the court to consider quashing the 1.5 points that the conviction placed against my class a license as i felt the 1.5 points were excessive and they placed me under a severe financial hardship since i now can not find employment as have a total of 3.5 points and am too expensive to insure. the judge commented that he heard this all the time and that since he believes that comm. drivers should be held to a higher standard and that he does not quash points. arent judges bound to consider each case on its own merits ?
Yes, each case should be considered on its own merits. However, it sounds like what happened in your case was that the commissioner chose not to exercise his discretion to waive a penalty that would otherwise have been imposed. It is unlikely you have a remedy to force the commissioner to exercise his discretion in your favor. That said, every case is different so you should consult an attorney with more specifics.
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