Have Legal Questions? Ask a Lawyer Now.
Good afternoon. I'll be assisting you with your question.
To answer your first question, yes, the points will still go on your license. Whether that will impact your insurance rates, I really can't say, since that largely depends on how your policy is written.
I wasn't aware that I was speeding because I did not see the sign and the tiny town was far away. I read that it is a motorist speed trap too and many people have
Regarding your chances of winning at trial, while all of what you've said tends to mitigate your potential sentence, none of that is an actual legal defense.
So I should accept the plea bargain offered?
Deeming something a "speed trap" is not an actual defense. There are state laws that regulate how fast a speed limit may decrease over a certain period of time, but that is not a legal defense available to a motorist. That is an issue between the state and the city.
So, as far as your chances of winning are concerned, based on what you've said, they are not particularly good. All the state has to prove is that you were going over the speed limit by 30 miles per hour, whatever that speed limit was.
Lack of knowledge of a law is not a defense to it. If that were the case, all any person would have to do is claim they did not know the speed limit, and they would be acquitted. Unfortunately, it just doesn't work that way.
If I show up can the judge reduce it to civil speeding if I had rejected the original plea bargain to civil speeding?
There appear to have been some technical difficulties, so I've switched to a different format.
Based on what you've said, a $210 fine sounds very fair. I can't really tell you what to do, since we don't have an attorney client relationship (we can't form one on the website), but I can tell you that the offer is certainly a reasonable one given your facts.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).