Q: Can I contest a speeding ticket citing incorrect statute?
I received a citation two years ago for going 8 mph over the speed limit on a clear summer afternoon. I paid the fine, but later discovered that the legal code cited does not mention exceeding the posted limit. The statute states you cannot drive faster than is safe given existing conditions. I believe I did not violate this statute since conditions were clear. Can I contest the ticket now with this discrepancy?
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A:
Since you have already paid the fine, contesting the ticket now may be challenging. Typically, when you pay a ticket, it is seen as an admission of guilt, and the case is closed. However, the error in the statute cited could provide a potential argument for contesting the ticket if you hadn't yet paid it.
In your case, the statute you were cited under seems to relate to driving faster than is safe under the existing conditions. If the conditions were clear and you believe you were driving safely, it might suggest that the statute was incorrectly applied. Still, the legal process generally limits how much time you have to contest a ticket after it's been paid.
To move forward, you would likely need to consult with an attorney who can advise you based on the specifics of your case and Utah law. The key point will be whether you can demonstrate that the wrong statute was cited and how that affects the outcome.
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