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Thank you for your question and I look forward to assisting you. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you describe it fully. Also, oftentimes there are future facts that are as yet undetermined in your matter, that can and must leave some areas of information provided by me broad in nature. However, don't hesitate to ask for clarification if needed! At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. That being said...

 

Ah, no, there is generally not a 'penalty' for failing to respond. However, if there was another driver other than yourself, you may want to provide that information because otherwise the ticket goes to the registered owner of the vehicle, who is legally presumed to be the driver. Therefore, you will get the speeding ticket if you can not rebut the presumption that the driver was you. The police department is providing you with the opportunity, pre-charge, to rebut the presumption that you are the driver by giving up the driver if it was not you.

 

Keep in mind, generally, these types of tickets, supported by video technology, rather than police eye witness, if paid, do NOT provide for moving violation points, only a fine. It is assumed that this 'benefit' is to encourage payment of the ticket - a ticket one might otherwise contest on the basis that the state may not be able to prove, to the degree required, that the owner was the driver (since there were no witnesses). However, the reasoning goes that by limiting the penalty to merely a fine, paying up willl be more likely.

 

If you were the driver and a ticket is charged to you because you are unable or unwilling to rebut with the name of the real driver (assuming it not to be you), be sure to CONFIRM that a payment of the ticket (which in police-stop tickets equates with a plea of guilty to the charge) will not mean moving violation points and that same is different from a ticket issued via police witness to the speeding violation.

 

Good luck!

 

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Stephanie Joy

 

Please note: A times there can be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. In addition, if it is late at night, EST, and we are between postings, I may go get some shut eye, but I'll be back, so never fear.

 

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Expert:	Stephanie O. Joy, Esq.
Pos. Feedback:	99.4 %
Accepts:
Answered:	9/10/2008

Managing Attorney/Lawyer

15+ Years of Legal Practice Experience: General, Soc Sec.Disability, Personal Injury, Divorce, etc.