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Can I get out of this ticket without getting points on my record/What can I expect?

Bentonville, AR |

I received a ticket from an officer who clocked me at 80 at Point A and followed to B, even though I was well out of sight and he couldn't keep up with me. I am guilty of this, but he cited me for Careless/Prohibited Driving §27-51-104. He told me he could arrest me right there, so I signed the promise to appear in court (not an admission of guilt). The officer claims to have video of the chase, but I checked my rear view mirrors and if he were following me, he was not using his lights or could not see me continuously. I asked to see the radar reading and the video, but he refused my requests. What course of action should I take? Could I get out of it if I fought it? Could I end up with even more consequences or other charges? Other statutes are 5-9/295 1300/1300.

Ok, so after racking my brain for hours about what the last statute could be, I realized that he just used that field to write my physical details in, the 1300/1300 was a shoddily written Bro/Bro as in Brown hair, Brown eyes...Also, I called the county office and they said I can mail it in without appearing in court, but I would still rather ditch the points than the penalty. My driving record is a squeaky clean not existent, this is the first citation I have received for anything at all. I have never even been pulled over for a headlight/taillight vehicle defect, or any other reason.

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Attorney answers 1


You should definitely appear in court on the date of your ticket. It will be your first appearance and they will ask how you want to plead, guilty or not guilty. If you wish to fight the ticket, you can plead not guilty. Pleading not guilty is your right. Depending on your record, you may qualify for a civil penalty or probation (it depends on which court you are in), to keep the ticket off your record and to avoid getting points on your license.

As far as the radar is concerned, if the officer used the radar he or she has to have been trained to do so, and have copies of his/ her certificates, etc. Also, troopers can use a method called pacing to "estimate" a cars speed, and will issue tickets based on that as well. For Careless/Prohibited driving, there is a long list of things under the statute that can trigger that. If you are really concerned about fighting the ticket, speak with a local attorney that is familiar with your Court.

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