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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 115464
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I was pulled over and crossing marked lanes. Speeding was 42

Customer Question

I was pulled over for speeding and crossing marked lanes. Speeding was 42 in 35 and I was coasting. Officer waited for backup before approaching my vehicle. Officer asked several times if I was drinking tonight which I was not and he never tested me for alcohol. I was on my way to work, I drive commercial vehicle for the Post office and was in my uniform at the time. All windows were down and interior lights on. There is no audio or video of the stop. It was at 130 am which I think I was profile due to bar closing time. What would be my defense?
Submitted: 11 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Were you charged with DUI? If not, profiling would not be a defense. If you were actually clocked over 35 miles per hour, you would have to attack the speeding charge itself, such as arguing you were not exceeding 35 miles per hour. Profiling because bars were closing is not a defense to actually exceeding the speed limit. Even though there was no audio or video of a stop, that is not a legal requirement. You would have to fight this based on the claim you were not exceeding the speed limit.
Customer: replied 11 months ago.
I was not charged with a DUI, I received a warning for speeding and received a ticket for marked lanes violation.
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your reply.
So, he gave you a break in not giving you a speeding ticket (the lane violation is easier for you to fight actually). He had no probable cause for the DUI, so the profile argument would not work. You need to go to court and plead not guilty and ask for a conference with the prosecutor and explain that you never crossed any lanes and were heading to work. Do not mention the speeding. Most times the prosecutors want to get rid of these cases, so they will negotiate something on them to not have to prosecute.
Customer: replied 11 months ago.
Would my defense be to say that I did not cross the marked lanes then it becomes his word or mine or do I need to go more in depth with it?
Expert:  Law Educator, Esq. replied 11 months ago.

Your defense is that you did not cross the lines and you were heading to work. If they want to know more the prosecutor will ask you. All you need to maintain is that you did not cross the lane marker.