School Zone Violation Changed to Usual Speeding
My question involves a traffic ticket from the state of: MA
I received a ticket for school zone violation for going over 20 mph. My clocked speed was 35 mph. The normal speed limit is 30 mph.
I went to the magistrate and was able to successfully convince that the school zone speed limit should not have been enforced as the sign was not visible. I thought i'd be done right then and there, but to my surprise, the magistrate, along with the cop, then quickly changed the topic saying that I was still in violation because I was going 35 mph over the posted 30 mph limit.
I have 2 questions:
1. are they allowed to change the ticket from a "school zone" violation to "speeding over a posted limit"?
2. the citation on a ticket reads: "30+ in a 20 mph". the actual 35mph was written in the notes on the side, which seems the officer did it for himself, rather than an official number for the document. He says to have gotten the speed through estimate and lidar. this all sounds fishy as to why then the actual speed would be written 30+ rather than 35. do you think there's benefit to go after the record of how the vehicle speed was obtained?
Thanks in advance for all the advice!
Re: School Zone Violation Changed to Usual Speeding
What's to argue? You were clocked at 35, and cut a break by the officer initially. You blew said break to pieces by convincing the magistrate that it was not a school zone infraction. The officer was within his rights to revoke the break he gave you and use the 35 MPH you were clocked at. Any way you cut it, you WERE speeding.
Re: School Zone Violation Changed to Usual Speeding
Quote:
Quoting
Speedy Gonzalez
What's to argue? You were clocked at 35, and cut a break by the officer initially. You blew said break to pieces by convincing the magistrate that it was not a school zone infraction. The officer was within his rights to revoke the break he gave you and use the 35 MPH you were clocked at. Any way you cut it, you WERE speeding.
there's no break involved. both school zone infraction and "35 in 30 zone" carry the same $100 fine (the minimum) and the same surcharge points (2).
Re: School Zone Violation Changed to Usual Speeding
Either way, you're still not going to win any appeal, so give it a rest.