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Zoey, JD
Zoey, JD, Criminal Defense Attorney
Category: Traffic Law
Satisfied Customers: 27436
Experience:  18+ years of high-volume criminal defense work from arraignment through plea or trial.
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I just got a 2 point speeding ticket 10mph over the posted

Customer Question

I just got a 2 point speeding ticket for going 10mph over the posted limit (it was an area where the limit recently changed from 65 to 55, I was also going down a hill). It was reduced to 4mph over for ticket purposes. I have not had any tickets for 20+ years. The fine is insignificant. Do I really try to fight this and get rid of the points? Should I just pay this knowing I am usually a very slow driver and this is unlikely to occur again?
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Zoey, JD replied 1 year ago.

Hello,

I can't tell you what to do, but I can certainly tell you what factors to weigh when making up your mind how to handle this:

In Alaska, this would only be a 2 point offense and with a perfect record for 20 years, you should be able to convince the DMV to let you take a safe driving class to remove those points from your record.

As for trial, whether that is the more sensible option depends on the facts and circumstances of your case. Most traffic matters are administrative rather than criminal, which means that the burden of proof favors the state. The state does not have to prove you were speeding beyond a reasonable doubt. The judge will decide to convict you based on the preponderance of the evidence.

It is going to come down to your word against the police and, frankly, because states make a lot of money from traffic violations, the dice are loaded. Unless you have a very strong case or unless the police officer fails to show at the trial, you're likely to lose. If you do, you're likely to pay a heavier fine than you would if you just pay it now.