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Is an Aggressive Tailgater a Defense to a Speeding Ticket

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  • 06-22-2015, 08:19 AM
    adimelon
    Is an Aggressive Tailgater a Defense to a Speeding Ticket
    My question involves a traffic ticket from the state of: Maine

    I recently received a speeding ticket in Maine for driving 84MPH in a 70MPH zone. Part of the reason I sped was because there was an aggressive driver tailgating me and to get away and move to the middle lane, I had to speed to pass cars and safely switch lanes. However, when I had a chance to move to the middle lane, it was too late and I was pulled over by a cop.

    I have contested the ticket and am waiting for my court date. I was hoping to get some feedback on how to approach the judge and present my case.

    Thanks
  • 06-22-2015, 09:29 AM
    flyingron
    Re: Maine Ticket: 2073(3) How to Fight the Speeding Ticket
    Being tailgated is never an excuse to speed. Especially when it involves recklessly passing other cars. The proper behavior is to slow down (smoothly) to allow the following car ample opportunity to pass or at least to lessen the impact damage from the resulting collision.
  • 06-22-2015, 12:01 PM
    adimelon
    Re: Maine Ticket: 2073(3) How to Fight the Speeding Ticket
    ok... I was hoping to get some advice on how to contest this ticket
  • 06-23-2015, 09:18 PM
    kokobill
    Re: Maine Ticket: 2073(3) How to Fight the Speeding Ticket
    That defense will likely not fly because the cop will say he didn't see any tailgater. Try something else. I am not familiar with Maine vehicle code, so I would suggest observing trials of other people... you may get some ideas. First of all, though, read are fully the exact text of the exact code you are charged with violating.
  • 06-23-2015, 10:35 PM
    PTPD22
    Re: Maine Ticket: 2073(3) How to Fight the Speeding Ticket
    Quote:

    Quoting kokobill
    View Post
    That defense will likely not fly because the cop will say he didn't see any tailgater.

    Whether the cop took note of the tailgater or not will be irrelevant. As Ron already noted, a tailgater is not a valid reason to exceed the speed limit. If you wish to contest the ticket, you will need to find another argument. Since you admit that you were, in fact, exceeding the speed limit, your argument will have to be some procedural error or omission or to challenge the way the cop determined your speed.
  • 06-24-2015, 08:05 AM
    adjusterjack
    Re: Maine Ticket: 2073(3) How to Fight the Speeding Ticket
    Quote:

    Quoting adimelon
    View Post
    ok... I was hoping to get some advice on how to contest this ticket

    Here's the statute:

    3. Prohibition. A person may not operate a vehicle in excess of maximum speeds fixed pursuant to this section, as long as notice of changes in speed limits has been given by signs erected by the Department of Transportation.

    There are no exceptions for speeding up to get away from an aggressive tailgater so that defense is not going to work.

    You'll have to find something else and I can't think of anything.

    A defense based on "procedural error or omission or to challenge the way the cop determined your speed" isn't likely to work either as going 14 mph over the limit is likely easily discernible with the trained eye of a police officer.

    I suggest you take traffic school if you are eligible so the citation doesn't go on your record.
  • 06-24-2015, 08:30 AM
    flyingron
    Re: Maine Ticket: 2073(3) How to Fight the Speeding Ticket
    Quote:

    I suggest you take traffic school if you are eligible so the citation doesn't go on your record.
    Maine offers no such provision. It will unconditionally go on your record. Your insurance will still receive notification. The traffic school will offset points on your driving record. It's possible that the insurer will give you some break on your rate increase for taking the course, though there is no statutory requirement for them to alter your rates either way (for getting the ticket or for taking the class).
  • 06-24-2015, 09:37 AM
    adimelon
    Re: Maine Ticket: 2073(3) How to Fight the Speeding Ticket
    Is it even worth contesting this now?
    Alternatively, I was wondering if it would help to go into court and maybe cut a deal-if i take some sort of defensive driving course that this ticket would go off the record or something?
  • 06-24-2015, 09:42 AM
    flyingron
    Re: Maine Ticket: 2073(3) How to Fight the Speeding Ticket
    Maine doesn't offer that as a statutory provision. I guess you can ask the court, but I'd be dubious.
  • 06-25-2015, 01:44 PM
    kokobill
    Re: Maine Ticket: 2073(3) How to Fight the Speeding Ticket
    Quote:

    Quoting adimelon
    View Post
    Is it even worth contesting this now?
    Alternatively, I was wondering if it would help to go into court and maybe cut a deal-if i take some sort of defensive driving course that this ticket would go off the record or something?

    What do you have to lose by contesting it? I don't believe the judge will make it worse on you just because you contested it. That would be contrary to everything judges are supposed to stand for. You can always tell your "aggressive tailgater" story. Defense by necessity (which is what the tailgater story is) is a universal principle in judiciary (which is why it doesn't have to be spelled out in any specific article) and, contrary to what others have posted, it is up to judge whether to take it as a justification or at least a mitigating factor. The first is a very thin hope, but what have you got to lose? There is always a chance the cop won't show up to testify.
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