Should I contest my speeding ticket?
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Should I contest my speeding ticket?
I was driving down a freeway at 12 in the
morning and the speed limit was 65. The
surrounding traffic was going at an average
speed of 80mph. I was on the left lane going
at a constant 76mph and I could literally see a
white car next to me race by me at at least
86mph. I maintained a speed between 74-76 and I
noticed a car tailing me really closely for at
least a couple minutes. I was confused on why
he was tailing so hard for when there were
empty lanes everywhere. I glanced at my
speedometer cause I thought I was going too
slow but I saw I was still going 76 and that
was when the lights went on and I got a ticket
for going 80 apparently. I told the officer I
was maintaining a speed of 74-76 and he asked
me when and I said before he pulled me over. He
told me he was pacing me before that but that’s
impossible because he would have had to have
seen the car next to me gunning it down at
90mph while I was still going 76… Its my
first ticket and I’m only 19. I drive a 2017
Subaru wrx and I don’t think these points would
help my credibility but what are my chances of
winning if I take it to court?
Asked on November 18, 2017 under General Practice, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Your chance of winning is slim to none: in my experience, the courts invariably believe the trained, sworn, neutral (has no personal stake in the outcome) over the driver, who has a clear incentive to lie or mistate his/her speed.
However, if you have another otherwise clean license, there is a good chance that the prosecutor will let you plead to a lesser offense or lower rate of speed over the speed limit; make sure you show up early for court and talk to the prosecutor before the judge calls your case. Tell your story in a matter-of-fact way and be respectful.
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