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I was charged with criminal speeding in AZ on a highway 93.

Officer claimed I was speeding...
I was charged with criminal speeding in AZ on a highway 93. Officer claimed I was speeding 30 miles over speed limit by a tiny town which I didn't see due to inclement weather conditions, unfamiliar road and rental car. The normal speed limit on highway 93 is 65 which is a highway with no gas stations in sight for miles and miles. I am also from out of town living in NYC and the prosecuting attorney for the state is offering a plea bargain by mail from criminal speeding to civil speeding and pay $210 fine. If I accept the offer and not go to trial in person I still will incur points on my insurance which I want to avoid having my rates raised. What are my chances of fighting the ticket and getting it dismissed if I go to trial? This is my first speeding ticket and I have been driving for almost 10 years.
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Answered in 1 minute by:
7/1/2013
Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 4,829
Experience: Experienced in both state and federal court.
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TexLawyer :

Good afternoon. I'll be assisting you with your question.

Customer : Ok thanks.
TexLawyer :

To answer your first question, yes, the points will still go on your license. Whether that will impact your insurance rates, I really can't say, since that largely depends on how your policy is written.

Customer : Ok thanks.
Customer : Ok thanks. I
Customer : I
Customer : I wasn't
Customer : I wasn't aware
Customer : I wasn't aware that
Customer : I wasn't aware that I
Customer : I wasn't aware that I was
Customer : I wasn't aware that I was speeding
Customer : I wasn't aware that I was speeding because
Customer : I wasn't aware that I was speeding because I
Customer : I wasn't aware that I was speeding because I did
Customer : I wasn't aware that I was speeding because I did not
Customer : I wasn't aware that I was speeding because I did not see
Customer : I wasn't aware that I was speeding because I did not see the
Customer : I wasn't aware that I was speeding because I did not see the sign
Customer : I wasn't aware that I was speeding because I did not see the sign and
Customer : I wasn't aware that I was speeding because I did not see the sign and the
Customer : I wasn't aware that I was speeding because I did not see the sign and the town
Customer : I wasn't aware that I was speeding because I did not see the sign and the town was
Customer : I wasn't aware that I was speeding because I did not see the sign and the tiny
Customer : I wasn't aware that I was speeding because I did not see the sign and the tiny town
Customer : I wasn't aware that I was speeding because I did not see the sign and the tiny town was
Customer : I wasn't aware that I was speeding because I did not see the sign and the tiny town was far
Customer : I wasn't aware that I was speeding because I did not see the sign and the tiny town was far away.
Customer : I wasn't aware that I was speeding because I did not see the sign and the tiny town was far away. I
Customer : I wasn't aware that I was speeding because I did not see the sign and the tiny town was far away. I read
Customer : I wasn't aware that I was speeding because I did not see the sign and the tiny town was far away. I read that
Customer : I wasn't aware that I was speeding because I did not see the sign and the tiny town was far away. I read that it
Customer : I wasn't aware that I was speeding because I did not see the sign and the tiny town was far away. I read that it was
Customer : I wasn't aware that I was speeding because I did not see the sign and the tiny town was far away. I read that it was a
Customer : I wasn't aware that I was speeding because I did not see the sign and the tiny town was far away. I read that it is
Customer : I wasn't aware that I was speeding because I did not see the sign and the tiny town was far away. I read that it is a
Customer : I wasn't aware that I was speeding because I did not see the sign and the tiny town was far away. I read that it is a motorist
Customer : I wasn't aware that I was speeding because I did not see the sign and the tiny town was far away. I read that it is a motorist speed
Customer : I wasn't aware that I was speeding because I did not see the sign and the tiny town was far away. I read that it is a motorist speed trap
Customer : I wasn't aware that I was speeding because I did not see the sign and the tiny town was far away. I read that it is a motorist speed trap too a
Customer : I wasn't aware that I was speeding because I did not see the sign and the tiny town was far away. I read that it is a motorist speed trap too and
Customer : I wasn't aware that I was speeding because I did not see the sign and the tiny town was far away. I read that it is a motorist speed trap too and many
Customer : I wasn't aware that I was speeding because I did not see the sign and the tiny town was far away. I read that it is a motorist speed trap too and many people
Customer :

I wasn't aware that I was speeding because I did not see the sign and the tiny town was far away. I read that it is a motorist speed trap too and many people have

TexLawyer :

Regarding your chances of winning at trial, while all of what you've said tends to mitigate your potential sentence, none of that is an actual legal defense.

Customer :

So I should accept the plea bargain offered?

TexLawyer :

Deeming something a "speed trap" is not an actual defense. There are state laws that regulate how fast a speed limit may decrease over a certain period of time, but that is not a legal defense available to a motorist. That is an issue between the state and the city.

TexLawyer :

So, as far as your chances of winning are concerned, based on what you've said, they are not particularly good. All the state has to prove is that you were going over the speed limit by 30 miles per hour, whatever that speed limit was.

TexLawyer :

Lack of knowledge of a law is not a defense to it. If that were the case, all any person would have to do is claim they did not know the speed limit, and they would be acquitted. Unfortunately, it just doesn't work that way.

Customer :

If I show up can the judge reduce it to civil speeding if I had rejected the original plea bargain to civil speeding?

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There appear to have been some technical difficulties, so I've switched to a different format.

Based on what you've said, a $210 fine sounds very fair. I can't really tell you what to do, since we don't have an attorney client relationship (we can't form one on the website), but I can tell you that the offer is certainly a reasonable one given your facts.

Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 4,829
Experience: Experienced in both state and federal court.
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Chris T., JD and 87 other Legal Specialists are ready to help you
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No, the judge cannot do that on his own. Once the prosecutor has charged a crime, the judge does not have the power to simply reduce it on his own. The judge can find a person not guilty an essentially dismiss it because there was not enough evidence, but the judge cannot decide what a person should have been charged with.
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Chris T., JD
Chris T., JD
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Category: Legal
Satisfied Customers: 4,829
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