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LawTalk, Lawyer
Category: Criminal Law
Satisfied Customers: 34882
Experience:  30 years legal experience
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Is it worth my time to file a traffic appeal, after being found

Customer Question

Is it worth my time to file a traffic appeal, after being found guilty. It gave me 4 points. 2 for speeding, 2 for driving on shoulder. This was due to a merge during rush hour where the vehicle in front of me stopped suddenly and I had to ride on the shoulder and merge back in. The officer, which was off duty, by the way, said I was speeding and said of course I passed on shoulder. I explained to the judge, but she said...I don't believe you. That doesn't seem like a trial to me!! I thought that maybe i should appeal and have it heard in circuit court. 80 bucks to file, is far better than 4 points and 270 fine. What is the proceedure and do they actually give you a new trial or is it just send via paper, for judge to look over and make a decision/
Submitted: 7 years ago.
Category: Criminal Law
Expert:  LawTalk replied 7 years ago.
Good afternoon,

I'm sorry to hear of your dilemma.

It is highly unlikely that you would fare any better on Appeal. The problem is that while you can deny violating the law, the cops are presumed to be telling the truth unless you can show otherwise--and violators have a reason to be less than truthful.

It doesn't mean that cops can't be wrong--just that they have a little edge over you in traffic court.

I wish you the best.

Thank you very much for having allowed me to assist you. It would be greatly appreciated if you would click the green Accept icon so that I can receive credit for having assisted you.

Best regards,


Customer: replied 7 years ago.
So basically roll over! Take the 270.00 fine, and 4 points. Most people probably don't try to appeal, and to me sounds like lots of money being generated. The officer could not have clocked my speed, he was off duty, and there was no specific speed on the ticket. It's what 80.00 to file? isn't that far cheaper then paying for 4 points for 5 years and fine combined? I even asked the judge to keep my record clean would she consider ordering a drivers safety program, she responded, you should have done that before coming to court. would I have known that, and wouldn't that be admitting guilt?

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