Q: I just received a speeding ticket and the officer wrote I was doing 80 in a 55 zone, but the zone was 70.
There was no radar used and when the officer asked if I knew how fast I was going, I said "I don't know, 75 or 80" and the officer wrote that I admitted to 80. Doesn't that amount to self-incrimination? I was not read my rights. Also, the ticket states that I was doing 80 in a 55 zone when I was actually in a 70 zone.
A: The rights I assume you refer to are the Miranda Warnings. Those do not apply for two reasons: You were not in custody, and a speeding ticket is not a criminal charge, it is a Civil Infraction. If the area had a 70 MPH speed limit, then that is a significant issue, because that makes a difference in the number of points you would get if you are found responsible or plead responsible. Depending on where this took place, you may want to request an Informal Hearing, or hire an attorney and have it scheduled for a Formal Hearing. There should be instructions on the ticket for how to request an Informal Hearing. An experienced traffic attorney will know how to request a Formal Hearing. Sincerely, Frank B. Ford
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