Q: I was going 85 on the expressway got pulled over he said I was doing 96 on a 65 what should i do
I got pulled over on the expressway by a state cop he said he clocked me in doing 96 on a 65 he gave me a ticket and said I can fight it in court or mail in the ticket what should I do I don't want this on my driving record
A:
First, DO NOT MAIL IN THE TICKET. You cannot do this. Because you were traveling, according to the ticket, 31 miles per hour over the limit, you are facing a class B misdemeanor. This is an offense punishable by up to $1500 fine and/or 180 days in jail. The fact that it is a jailable offense requires your court appearance and mailing the ticket will do NOTHING. Doing so will result in a warrant when you miss your required court date. I implore you to IMMEDIATELY google "_______ county case search" (fill in the county of the ticket) and type in your information to find your court date and location. I promise you, you have a court date and must appear.
Second, class B speeding tickets are not eligible for supervision. This disposition is the most common way to "keep it off your record" as it is hidden from all but police, attorneys, courts, etc. Insurance companies and employers (so long as they aren't courts/police/secretary of state) aren't privy and thus court supervision can keep it off your record as best as most can hope for. To secure court supervision, you will need to minimally amend the ticket to a lower level speeding offense. Absent this, you cannot receive court supervision.
Third, your chances of securing an amendment and a supervision vary depending on courtroom. In some courtrooms, you could amend a ticket to be 15mph slower and get supervision with little trouble. In others, an amendment of 1 mph with supervision is impossible absent the most extreme circumstances. An experienced traffic attorney can give great insight into the flexibility of your specific traffic court as each one, even within the same county, work a little differently.
Fourth, although he has you clocked at a higher speed, it will be hard to refute this. At best, you can offer testimony that you weren't going that fast but it is your word against his word and radar gun. It's a losing argument in my opinion and thus I feel the best arrangement is a plea arrangement that secures court supervision offering the best of what you want.
Hope that helps!
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