i plan to have my car check to make sure it is working properly. what are my options as it is his word against mine? this was also at 115ish am so i suppect they are looking for drunk individuals.
Your post does not indicate whether your citation was based on radar or if you were "paced" by the Officer who issued the citation. In either event, the fact that your cruise control may not have been operating properly - or your speedometer for that matter - is not a defense to the charge; however, if you can obtain written verification that your cruise control was checked by a certified vehicle inspector and found to be defective in some way, this information can be used to "mitigate" any disposition imposed by the court, should you enter a "guilty plea with an explanation." There are few occasions where "his word against mine" work in traffic court. If you have a good driving record, were polite and cooperative with the Officer, and make a nice appearance in court, a judge is likely to grant you some leave and either reduce your speed to 9 miles or less over the limit or spare you any points by granting you "probation before judgement."
Mr. Eidelberg is licensed to practice law in Maryland and the District of Columbia. The response herein is not legal advice, does not create an attorney/client relationship, is for educational purposes, and intended to impart general information about the subject inquiry. Consultation with a qualified attorney in the state from which the inquiry is generated is strongly recommended so that case specific legal guidance can be obtained.
Although it may seem that judges routinely find people guilty for speeding offenses, there are numerous steps that must be met by the officer before you can be proven guilty. This would depend on how the officer determined your speed, Radar / Laser / Pace.
Many people also do not realize that although a written certification from your mechanic would be acceptible as evidence toward what sentence that may be imposed, if you expect to have evidence produced to rebut whether or not you were speeding, you need a witness in court.
Nothing in this message should be construed as legal advice or the creation of an attorney-client relationship. This is meant to only be a general guide and not a substitute for an actual consultation with an attorney.
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