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  1. #1
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Contest a Wrongfully Issued Speeding Ticket

    Quote 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.
    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.

  2. #2
    Join Date
    Oct 2013
    Posts
    334

    Default Re: Contest a Wrongfully Issued Speeding Ticket

    Quote 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.
    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.

  3. #3
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Contest a Wrongfully Issued Speeding Ticket

    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.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Contest a Wrongfully Issued Speeding Ticket

    Quote Quoting BrianGC
    View Post
    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.
    I missed the fact you were rambling about California and the OP is from North Carolina. When you can get NC to impose California law, you might have an argument (not really but you obviously feel the need to be validated in some way)

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