Q: Can I fight a speeding ticket over 30? They didn’t get me with a radar gun or anything
It's not usually worth your time to fight a speeding ticket (e.g., have a trial) - and they don't have to have a radar gun to find you guilty of speeding over 30mph over the speed limit. Judges will rely on the officer's training and experience to determine how fast you were driving.
Best thing to do is to contact an experienced traffic attorney in the county where you were charged to review your ticket, driving record, and use their knowledge of the county's policies to get you the best reduction possible.
You can fight any type of criminal offense, which at that speed, is likely the case. But just because you CAN fight something, doesn't mean you should fight something.
That's especially true in Charlotte, as we may have options available. A lot depends on the prior record and the circumstances behind getting the ticket in the first place.
We (lawyers) would want to ask a bunch of questions like:
1. Do you have any prior tickets in the last three years?
2. Have you had any prior "at fault" wrecks in the last three years?
3. Are you on anyone else's insurance or is anyone else on your insurance?
4. Has anyone else on your or their insurance policy had any wrecks or tickets in the last three years?
5. Has anyone gone to driving school in the last five years? three years? 12 months?
There are reasons for all those questions, but is basically boils down to insurance points and the costs associated with getting a ticket that big.
Of course, it wouldn't be smart to consider the fact that there might be other issues to address, like the possibility of a suspended license. DMV may have something to say about that speed, if convicted. Indeed, DMV may still have something to say if it's reduced to a lower speed, but still violates their internal protocols.
Best bet: Talk to an attorney and get some legal advice. The consult would normally be both free and confidential.
GREAT question. Thanks for asking!
Charlotte Criminal & Traffic Defense
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.