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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Traffic Law
Satisfied Customers: 29814
Experience:  Lawyer. Former judicial law clerk. Worked for District Attorney's Office in Traffic Court.
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On my speeding ticket the officer told me I was doing 58 in

Customer Question

On my speeding ticket the officer told me I was doing 58 in a 35 and documented that on the ticket. He did not check off Radar, Aircraft, clocked or laser on the ticket. Nor did he tell me how he determined my speed. He was traveling in the opposite direction and turned around to pull me over. Pay it or fight it?
Submitted: 2 years ago.
Category: Traffic Law
Expert:  Lucy, Esq. replied 2 years ago.
Hi,I'm Lucy, and I'd be happy to answer your questions today. Whether to pay a ticket or fight it really comes down to whether you have a defense. If you fight the ticket and go to court, the officer will tell police either that he visually estimated your speed or that he was using radar. Forgetting to check the box on the ticket doesn't automatically mean that he's lying, and it doesn't prevent him from testifying as to how he figured out how fast you were going. You have an absolute right to remain silent and not testify in your own defense - but if you don't, you're almost certainly going to be found guilty. That's because the only evidence in front of the judge will be the officer saying that you were speeding, and it's a strict liability offense. He doesn't have to prove that you meant to speed or knew you were speeding or anything - only that the speed limit was 35 and you were going at least 36 mph. In most cases, if a person goes to court and agrees to plead "guilty with an explanation," the district attorney will reduce the fine. That's an option if you don't have any way of convincing the judge that you were in fact going below 35 mph. There is one other thing to consider, though: Traveling 58 mph in a 35 mph zone could be charged as reckless driving. The judge could actually change the ticket from speeding to reckless driving if you appear in court. And reckless driving carries a minimum license suspension of 60 days, plus a $500 fine on top of the price of the ticket. N.H. Rev. Stat., Section 265:79. If you were ticketed for speeding, not reckless driving, that might be a reason to pay the ticket. If you have any questions or concerns about what I've written, please reply without rating so I may address them. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively to redirect a portion of the payment you have already made so I am paid for the time I spend answering questions. There is no charge for follow-up questions. Thank you.