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Marsha411JD
Marsha411JD, Lawyer
Category: Traffic Law
Satisfied Customers: 16959
Experience:  Licensed Attorney with 28 yrs. exp. with Traffic Law issues
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I received a speeding ticket, however, I think its possible

Resolved Question:

I received a speeding ticket, however, I think it's possible that the officer may have clocked the vehicle in front of me, instead of me. That vehicle even pulled over when the officer put on his lights. I happened to change lanes, from left to right (and therefore closer to the officer) just as he put on his lights. Instead, the officer ignored the other vehicle and pointed at me. I was told I was going 20 miles over the speed limit, and I don't believe I was going that fast, as I travel that road daily and never travel that fast. How can I defend myself - I have to go to court today!
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Marsha411JD replied 1 year ago.
Hello,

Thank you for the information and your question. If you are truly going to fight the ticket then the only way you can do so successfully is to hire a local attorney who specializes in traffic law issues. That is usually a criminal defense attorney who has a major traffic ticket practice. If this is your first appearance today, you can plead not guilty and then they will schedule your next hearing date, which will be a pretrial date. You just let the court know that you do not have an attorney yet, but you will have one by the next date. You don't want to make any statements about the facts of the case today.

The reason why it is important to have an attorney who specializes in this area is that they know what the general weaknesses of these cases are and how to question the officer who issued the ticket. They can look at the ticket for any major errors, question the method of clocking your speed, and question identification in an effective way. However, if you simply say, it wasn't me, that is not going to work, unless the officer never shows up to trial. If the officer doesn't show to trial (not today but when trial is set) then you, or your attorney, can make a motion to dismiss the ticket.

So, no, you are not presumed guilty, but the State can prove your guilty fairly easily if the officer shows up and testifies without being professional cross-examined.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
Marsha411JD, Lawyer
Category: Traffic Law
Satisfied Customers: 16959
Experience: Licensed Attorney with 28 yrs. exp. with Traffic Law issues
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