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I live in harrisonburg in and i had a speeding ticket the…

Customer Question
Hello i live in...

Hello i live in harrisonburg in virginia and i had a speeding ticket the night before last and the officer told me i was driving at 52/35 but my dashboard read 45 the reason being that i was rushing to MC DONALD to use the restroom is that an alibi i can defend my self with?

Lawyer's Assistant: Because traffic laws vary from place to place, can you tell me what state this is in?

In VIRGINIA

Lawyer's Assistant: Has anything been filed or reported?

The officer gave me a ticket and said i will go to court

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That all

Submitted: 5 months ago.Category: Legal
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Answered in 5 minutes by:
12/26/2017
Lawyer: LegalKnowledge, Attorney replied 5 months ago
LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 31,552
Experience: 10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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Lawyer: LegalKnowledge, Attorney replied 5 months ago

Good afternoon. I am sorry to say but it is not. It is not a defense to raise to use to get this dismissed. It could be a mitigating factor for the Judge to consider if you want to take a plea but it will not result in this being dismissed.Now, if you want to fight this you can and 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(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.

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Customer reply replied 5 months ago
What are my chances of getting out of this
Lawyer: LegalKnowledge, Attorney replied 5 months ago

I think you will have to contest it if you want to get it dismissed. It would be based on the reasons shared above if they are present. It is impossible to know if the officer will be prepared at trial or even appear and even if the officer took your word that you were going 45mph, it is still 7 mph over the limit and you were speeding. If you want to get out of this it needs to go to court, since the issue with the use of the restroom does not excuse or allow for the speed, I am sorry to say

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Lawyer: LegalKnowledge, Attorney replied 5 months ago

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be 5 STARS! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

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Lawyer: LegalKnowledge, Attorney replied 4 months ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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