Q: I was pulled over at 11:02pm by a state trooper on I35. He claimed to be following me for 2 miles. But his head lights
Were off until he initiated the stop. He also said my speed was between 70-75mph and never gave me a definite speed . The he said he would bring it down to 65mph. Would either of these things help my case against the speeding ticket he gave me?
A: Those facts alone don't sound like enough for a defense win. But when we work up a defense case, we seek every fact. Then we analyze all the facts for potential defenses that could win the case. If the your goal is to keep it off your driver's license record, and if the officer exercised discretion writing it up as a 65 in a 60, or a 65 in a 55 mph zone; then the conviction (if you paid it) would stay off the DL record for most people. (See my website for more on "the Dimmler Amendment" or "the Dimmler law" in Minnesota.)
A: Nothing you describe is necessarily a defense to the charge, but having access to the police report and the dash cam footage would be key in determining what if any defenses you might have. An attorney get these from the prosecutor once you decide to retain an attorney. You should do that sooner rather than later if you are considering hiring counsel.
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.