Q: I got a ticket 89 in a 55. This was done to pass semitrucks that were merging on the highway. Can I use this to help me?
I was pulled over by state police on Rt. 90 by the 290 interchange.
While driving in the right lane on Rt. 90, a line a semi trucks were merging over to use the upcoming off ramp. I sped up to get in front of them and once I I got around them, I let off the accelerator and coasted. Can this be argued I was doing this to avoid an accident?
In addition, the officer has my hair and eye color incorrect on the ticket. He marked I have grey eyes and white hair. I have hazel eyes and brown hair.
The officer marked he clocked my speed using radar. However, he was driving on the highway; not sitting stationary gunning drivers.
Also, I am a teacher and have a clean driving record. Do any of these factors help me either fight the ticket or reduce the $1,500 fine/conviction?
A: Many of the facts you presented can certainly be presented to the prosecutor and used as mitigation. However, more information would be necessary to determine if the case is appropriate for trial. The errors on the ticket are not fatal defects and do not invalidate the charge itself. Also, an officer can use radar while the vehicle is in motion. Speeding 26-34 mph over the limit is a Class B misdemeanor and, as such, your case needs to be handled properly. $1,500 is the maximum fine and should not be imposed. I would recommend contacting an attorney directly to discuss your case including any prior traffic violations on your record.
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