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CriminalDefense
CriminalDefense, Attorney
Category: Traffic Law
Satisfied Customers: 23946
Experience:  9 + years in Traffic Ticket Defense, DUI/DWI and Criminal Defense cases
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I was charged with speeding 46 in a 25 mph zone. I am concerned

Customer Question

I was charged with speeding 46 in a 25 mph zone. I am concerned about points and insurance rates going up. it was such a surprise, I couldn't believe he said I was going so fast. The cop is known to be a jerk. Will going to court help or hinder? My only defense is I travel that road every day and don't believe I could have gone that fast, its a short stretch with stop signs. I live less thank mile away.
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 afternoon. I certainly understand the situation and your concern. If your concerns are points and an increase in your insurance, then it is certainly in your best interest to retain a traffic ticket defense attorney to represent you. 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 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.
Customer: replied 1 year ago.
How many points do you get for going 21 miles over the speed limit. Can you pay out of points in PA like in NJ? I like to make a cost benefit analysis but don't have much to work with? I have no tickets or other issues and drive for a living as I am in sales. I have taken the Smith Diver Training Course at work and we are very serious about it. I had a long day and just went to the grocery store at 5:30 Saturday evening. The officer gave me a long lecture and kept ranting on that "there is no excuse for going so fast not even to see the Pope. There is a swim club nearby and kids on bikes and walking." The streets were empty, no one in the grocery store, CVS or Farmers Market. He also said I did not use my signal and slide through the stop sign. Noone was around except wherever he was hiding.
Expert:  CriminalDefense replied 1 year ago.
In PA, it would be 4 points you are looking at. If you have no defenses, then it is better to try and get off on a technicality, like I shared above, as the things which you shared are mitigating factors for the court to consider but would not result in a dismissal.