Q: I was going with the flow of traffic (44 in a 30 at the time) and was given a ticket after I turned. Is the cop wrong?
8:45am on a Wednesday morning. Morning rush hour on a local 4-lane. The posted speed limit was 30mph, although I was going with the flow of traffic at the time, which was about 44mph. After I had turned off from the busy 4-lane, a cop pulled me over and wrote me a ticket. This is my first offense in my whole life. I'm also Asian. Age 19. I feel this is discriminatory of race, considering I was in a group of cars going the same speed. Also, the ticket does not determine what type of radar was used. I did not receive a warning, either. What are my options?
A:
Hello Asker,
You can fight the ticket though in truth I don't see a defense. Traveling 44 mph in a 30 mph zone is speeding regardless of the flow of traffic. One cannot claim that they can run a red light just because other cars ahead of them are doing so. Likewise, the speed of other vehicles is irrelevant. Sometimes the ticket will specify things like the cop paced you and thus drove along side or near you measuring your distance in relation to his or her speedometer. As for types of radar, this is never specified. It usually just indicates "radar". At trial should you choose to have one, you can ask the officer about the radar and question it.
As a matter of strategy, I would avoid bringing race into the equation. It offers little defense absent some proof that he or she has some bias and the judge may turn against you because courts don't like calling officers liars or racists. Putting the judge in a position where he or she is being asked to consider a cop one of those things makes the judge finding in your favor much harder.
Hope that helps and let us know if you have any additional traffic questions.
Sincerely,
Jason A. Wilkins
Traffic Attorney
(630) 445-2293
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
