Q: I was pulled over on 94 east about an hour ago for speeding by a state trooper. He asked how fast I was going in a 70mph
zone. I replied honestly with 81-82. he said I was going 87. asked me for my license and walked away. when he came back he gave me a ticket.
my question is. he never asked for registration/ insurance, (I was also driving my cousins vehicle. not mine) and he also never showed me the speed on the clocking gun, to prove it said 87. Is this grounds for dismissal?
I know I was not going 87. can I fight this ticket?
A: You can always contest the ticket. The officer isn’t required to show you the radar or inquire about registration. Your best shot to contest the ticket will be with the assistance of an attorney.
A: He is not obligated to show you the speed on the laser or the radar. Ultimately fighting the ticket is up to you. There isn’t enough information here to really know. Any attorney would need access to the police report and any video of the incident. Saying that you weren’t going 87 is unlikely to be a ticket to success.
A: I would fight every ticket, always. Why not? If the goal is to keep it off the drivers license record, then we have nothing to lose by trying. None of those issues mentioned are good defenses. But there may yet be good defenses. The prosecutor can point out that evidence (including admissions by the driver) of speed over the posted speed limit on a non-urban highway is prima facie evidence of "speeding." But the driver can then present evidence that the speed was not "a speed greater than is reasonable and prudent under the conditions." You may be able to work out an agreement with the prosecutor to keep it off your DL record. If not, why not have a trial? A lawyer can help you, but I'd fight it with or without a lawyer.
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