How to Contest a Wrongfully Issued Speeding Ticket

My question involves a traffic ticket from the state of: NC

I was driving in a 55 mph zone with cruise control set on 63 mph. I approached a marked patrol car driving in front of me in the same (left) lane, and switched to the right lane to pass him because he was driving fairly slow. I made sure I was not speeding because it was obvious he was a cop, but as soon as I passed him he pulled me over and said I was going 65 mph, and showed me his radar display to prove it.

How can I contest the ticket he gave me for 65 in a 55? I realize it was stupid to not slow down even more, but I know for a fact that my speed stayed at 63, as it was set on cruise control. I don't believe I deserve the ticket and I think his equipment was faulty, but I am not sure how to go about fighting it as it would be his word against mine.

What would be the best steps to take in order to get it dismissed/reduced? I am more concerned with not getting any points on my license/raise in insurance than paying a fine or going to traffic school or something.

Thanks

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Quoting user-

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My question involves a traffic ticket from the state of: NC

I was driving in a 55 mph zone with cruise control set on 63 mph. I approached a marked patrol car driving in front of me in the same (left) lane, and switched to the right lane to pass him because he was driving fairly slow. I made sure I was not speeding because it was obvious he was a cop, but as soon as I passed him he pulled me over and said I was going 65 mph, and showed me his radar display to prove it.

How can I contest the ticket he gave me for 65 in a 55? I realize it was stupid to not slow down even more, but I know for a fact that my speed stayed at 63, as it was set on cruise control. I don't believe I deserve the ticket and I think his equipment was faulty, but I am not sure how to go about fighting it as it would be his word against mine.

What would be the best steps to take in order to get it dismissed/reduced? I am more concerned with not getting any points on my license/raise in insurance than paying a fine or going to traffic school or something.

Thanks

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I did the exact same thing one night but the cop waited until I got into a secluded area before pulling me over. The driving officer said I was doing 65 but his partner wrote me up for 70. When I questioned it he wanted to beat me up. As for your situation, one ticket in CA will not affect your insurance rates, two will. You probably can't beat the ticket you got for not bowing down to the man. Best option might be traffic school.

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Quoting user-

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My question involves a traffic ticket from the state of: NC

I was driving in a 55 mph zone with cruise control set on 63 mph. I approached a marked patrol car driving in front of me in the same (left) lane, and switched to the right lane to pass him because he was driving fairly slow.

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never smart, always a ticket.

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Quoting BrianGC

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As for your situation, one ticket in CA will not affect your insurance rates, two will. You probably can't beat the ticket you got for not bowing down to the man. Best option might be traffic school.

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From the OP:

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Quoting user-

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My question involves a traffic ticket from the state of: NC

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NC =/= CA.

OP: Is it possible your equipment is faulty, i.e. your speedo is off? Also, 63 in a 55 is speeding as much as 65 in a 55 is.

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I was driving in a 55 mph zone with cruise control set on 63 mph. I approached a marked patrol car driving in front of me in the same (left) lane, and switched to the right lane to pass him because he was driving fairly slow. I made sure I was not speeding because it was obvious he was a cop, but as soon as I passed him he pulled me over and said I was going 65 mph, and showed me his radar display to prove it.

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what? You started out saying; yes, I was speeding 63/55. How can you even type something like: I made sure I was not speeding?



His radar is more accurate than your speedo. That makes up for the difference.



If you are really dumb enough to post that first paragraph with any seriousness, I would suggest just paying the ticket and moving on.

Hi, I was speeding but was wrongfully issued a speeding ticket. Help me get justice!!!:wallbang:

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Quoting free9man

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Also, 63 in a 55 is speeding as much as 65 in a 55 is.

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Not so in CA. Who cares if you are speeding. All that matters is if you will be ticketed for it. In CA you will not get written up unless you are going 10+mph over the speed limit, period. Thats probably why the cop wrote 65mph. So IMO, less than 10mph over the limit is not speeding as far as we are concerned. But to you guys 1mph over the limit is speeding. More good advice.

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Quoting BrianGC

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Not so in CA. Who cares if you are speeding. All that matters is if you will be ticketed for it. In CA you will not get written up unless you are going 10+mph over the speed limit, period. Thats probably why the cop wrote 65mph. So IMO, less than 10mph over the limit is not speeding as far as we are concerned. But to you guys 1mph over the limit is speeding. More good advice.

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You are proving yourself to be an idiot. Yes, 1 mph is speeding and you can be ticketed for it. Many departments have a policy to not issue tickets unless the speed is exceeded by X mph but there is nothing in the law prohibiting them from writing a ticket for 1 mph over.

In addition to that, if it is determined a prudent speed is less than the posted speed, you can be ticketed for speeding even though you were not exceeding the posted limit.

I suspect freeman's post was meant to refer to the lack of difference in penalties between 65/55 and 65/55. You can chase that if you care to.

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Quoting jk

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You are proving yourself to be an idiot. Yes, 1 mph is speeding and you can be ticketed for it. Many departments have a policy to not issue tickets unless the speed is exceeded by X mph but there is nothing in the law prohibiting them from writing a ticket for 1 mph over.

In addition to that, if it is determined a prudent speed is less than the posted speed, you can be ticketed for speeding even though you were not exceeding the posted limit.

I suspect freeman's post was meant to refer to the lack of difference in penalties between 65/55 and 65/55. You can chase that if you care to.

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If every car on the road is "speeding", who cares? What does "speeding" mean then? Nothing unless you can get ticketed for it, which is 10+mph over.

More technical internet information that amounts to nothing.

As pointed out, you're wrong in just about everything you have said Brian. First off and most important for the poster, NORTH CAROLINA IS A FAR CRY FROM CALIFORNIA. Even for California, what you've said is wrong, but I'm not going to argue those spurious points.

Neither speedometers nor cruise controls are instantaneous responding devices. Your argument that you didn't notice the needle leaving 63 is likely not going to be a viable defense against the testimony from the officer that he clocked you at 65. Your first problem is that 63 is still the same violation you were written up for even if the court would be gracious to admit a possible 2 MPH error. The break at that level comes at 15 over.

As for mitigating, you can dodge the points if you ask for and are granted a PBJ if you are eligible (i.e., you've not been granted one before). A lawyer might also get this reduced to an equipment violation, but this typically will cost more than the fine will cost (even if you want to try this pro per, you'll need a certification that your spedo was off PLUS most likely that you correct the issue). Unless you are having a problem with points, it's probably not worth the effort.