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  1. #1
    Join Date
    Feb 2011
    Posts
    3

    Default Speeding Infraction with No Actual Speed or Posted Limit Speed Noted on the Ticket

    My question involves a speeding ticket from the State of: Connecticut

    I got a ticket/infraction by a statie. he asked if i knew why i got pulled over , and i responded no, sir I do not. He told me i was going a bit too fast and this area is a 25 mph zone. He went to his car and came back and told me he had given me an infraction which is a much lesser fine (92.00). I know this isn't much at all, but I am in a tight situation with my finances as I have only started working 2 months ago and still have bills and college loans to pay off.

    THe statute/ordinance number is 14-298 (Disobey STC sign). On the ticket however he failed to write down my actual speed and posted limit. I also never asked him how fast I was going.

    I know for a fact that I was not speeding when I passed him. He did end up following me and I was going a bit faster than when I had passed him and he flashed his lights probably a mile or two down the road from where I had passed him.

    Give me some advice: should I plead not guilty and try to fight it . or just pay it off (like i said, I can afford the fine, but the insurance spike is what is worrying me. I am 23 years old and my rates are super high right now because of my age and dont want it to go up even further). If i do have a case here, please give me some words of wisdom I can say in court to help fight my case.

    THanks so much in advance

  2. #2
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Speeding Infraction. No Actual Speed or Posted Limit Speed Noted on the Ticket

    This has been pretty typical of what CT cops have been doing ... there is nothing wrong pre-se for this to occur but judges don't like it.

    I would first, before pleading not guilty, ask for an information to replace the ticket....allowed under CT practice rules :

    Sec. 36-11. Information and Complaint; Use
    All felonies shall be prosecuted by information.
    All misdemeanors, violations, and infractions shall
    be prosecuted by information or complaint. In all
    jury cases, and in all other cases on written
    request of the defendant, the prosecuting authority
    as of course shall issue an information in place
    of the uniform summons and complaint.
    (P.B. 1978-1997, Sec. 616.)


    This will make the complaint more easily defended.

    You can call the DA or visit them .. they may refuse .. then this can result in a dismissal due to failure follow the practice rules.

    Or you can just go and start the process by pleading not guilty.

    They have 2 elements to prove now: 1st) that you were speeding and 2nd) that a sign is properly posted (although this would be an affirmative defense..)

    The process is a five step process in CT (aside from stated above & any pre-plea motions):
    1) make your plea to centalized traffic bureau (phone or fax ... I have fax #)
    2) DA decides if they want to prosecute (and with this type of ticket, its about a 50/50 chance the DA will want to prosecute)
    2) go to a "DA-defendant conference" to re-affirm your plea or to make a deal
    3) go in front of a magistrate (a rubber stamp guilty in almost all cases--normally I would not argue that strongly - its a rubber stamp court hearing )
    4) you request a trial de novo (w/i 5 days of the magistrate hearing .. you can do this the same day -- clerks have the form)
    5) You have a new trial in front of an actual judge

    All in all it will take a minimum of 3 court dates ....

    It sounds like you have a good case ... if you wish to move further post again

    I am very familiar with CT traffic cases ... If you wish to see a transcript of a case almost exactly similar to yours, pm me your email & I'll shoot it to you..its of a trial in front of a judge, step #5 above...

  3. #3
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Speeding Infraction with No Actual Speed or Posted Limit Speed Noted on the Ticke

    Quote Quoting slee8251
    View Post
    He went to his car and came back and told me he had given me an infraction which is a much lesser fine (92.00).... THe statute/ordinance number is 14-298 (Disobey STC sign).
    That's a generic statute relating to the posting of traffic control signs and devices, and it's not necessary for a violation that the officer note your actual speed or the posted limit, although it seems like it would be good backup documentation for the charge.
    Quote Quoting slee8251
    I know for a fact that I was not speeding when I passed him. He did end up following me and I was going a bit faster than when I had passed him and he flashed his lights probably a mile or two down the road from where I had passed him.
    Are you stating that you were speeding after you passed him?

    I don't know the policies of your local prosecutor, but you may want to try negotiating with the prosecutor for a deferral or dismissal on costs - for anything that will keep the points off of your record.

  4. #4
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Speeding Infraction with No Actual Speed or Posted Limit Speed Noted on the Ticke

    Quote Quoting Mr. Knowitall
    View Post
    That's a generic statute relating to the posting of traffic control signs and devices, and it's not necessary for a violation that the officer note your actual speed or the posted limit, although it seems like it would be good backup documentation for the charge.

    Are you stating that you were speeding after you passed him?

    I don't know the policies of your local prosecutor, but you may want to try negotiating with the prosecutor for a deferral or dismissal on costs - for anything that will keep the points off of your record.
    I would disagree that the officer does not have to make a finding of the speed ... to violate the sign, since it is a speed limit sign, he must have come to some conclusion about a specific speed.

    Anywhay, the poster has posted another thread that the OP wants to pay now so I think that the OP will wait for the DA to decide to prosecute this or not .. for this (and I think cops give a 12-298 v. 12-219 due to the high $$ of the 12-219 ... ie cops think the fines are too high) the OPs chance of getting off are pretty good either at the DA decision to prosecute or during pre-trial conference.

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