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CriminalDefense
CriminalDefense, Attorney
Category: Traffic Law
Satisfied Customers: 17302
Experience:  8 + years in Traffic Ticket Defense, DUI/DWI and Criminal Defense cases
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Would it be worth going to traffic court to fight a ticket

Resolved Question:

Would it be worth going to traffic court to fight a ticket for 96 mph in a 70 mph zone? I was NOT going 96 mph as the terrain was level and my cruise was set for 85 mph being about 5 mph faster than the traffic was running. By admission I was speeding, however, not at the rate as the ticket charges. The court clerk said the judge will usually reduce the speed on the ticket but will still require the full $562 speeding fine.
Submitted: 1 year ago.
Category: Traffic Law
Expert:  CriminalDefense replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I certainly understand the situation and your concern. This could be worth fighting, but it would be based upon the issuance of the ticket itself, rather then saying you were speeding but not as fast as the officer said you were. It is certainly in your best interest to retain a traffic ticket defense attorney to represent your legal interest. The first thing which they will want to do, is review the face of the citation and see if there is a legal basis to get it dismissed. If not, they will then have to look over the facts of the case and decide if it is in your best interest to work out a plea deal or to take the case to trial and make the State prove the allegation(s) against you. The officer will need to be present. If he/she fails to appear at trial, the case will likely be dismissed, unless a continuance is granted by the Judge, upon the showing of good cause. If the officer does appear, your attorney will be given a chance to cross examine them and attack their credibility. The attorney is going to want to inspect their documents and log book, to make sure that the speed measuring device was properly calibrated, that they have the citation logged and are certified to use the equipment. Moreover, they will question them about their training and experience, trying to create doubt that they may have not known what they were doing and improperly measured your speed. They will also raise any other possible defenses, which you may have, to try and obtain a finding of not guilty. Of course, if you just wanted to resolve this, you could inquire about a plea deal, see if the speed would be reduced and then see if the Judge would consider reducing the fine and court costs. It is at the discretion of the Judge and the clerk should not be telling you or anyone else what the Judge is going to do.

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CriminalDefense, Attorney
Category: Traffic Law
Satisfied Customers: 17302
Experience: 8 + years in Traffic Ticket Defense, DUI/DWI and Criminal Defense cases
CriminalDefense and 6 other Traffic Law Specialists are ready to help you

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