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  1. #1
    Join Date
    Apr 2015

    Default Speeding Ticket Received Shortly After a Change of Limit

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

    Police pulled me over and said that I was going 45 mph on the the speed zone of 35 mph.

    I was coming from a speed zone of 45 mph and I was slowing down to 35 mph when I saw the sign but it appears I wasn't "fast enough" to slow down before I got pulled over. I don't believe I was going 45 mph when slowing down but he stuck to it to give me a ticket. I feel like it's a unfair call since I was slowing down coming from a 45 mph zone but I wasn't given enough time to slow down completely accordingly to the road speed limit safely.

    Is there any way I can fight that? I don't want to get bash so please just give a straight forward answer with or without options. If I fight it, what information can I use for my defense. Can I asked the court to see the police's paperwork and equipment use? If so, what would be the best way to ask and use it to my advantage? Everything should be recorded to the exact details of what happen right? if not then what?

    Another question is if I can't dismiss it, can I lower it to any sort? I'm a poor college student that's just trying to save money. I'm new at this so I would love all the information I can get for future references. Thank you all.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Speeding Ticket Received Shortly After a Change of Limit

    The new speed limit becomes effective at the point of the sign, so "I was slowing down when I passed the sign" is not a defense.

    Was there something about the sign that made it difficult for you to see before you were so close that you could not reduce your speed? Or is this simply a matter of inattention?

    Your ticket would normally reflect how your speed was measured, and thus indicate whether or not a SMD was used.

    From what I'm seeing, it's difficult to conduct traffic court discovery in your state prior to your initial appearance, as that's when the traffic court file is created. Also, rules differ between municipal and circuit courts. You can file a discovery request with the court when the file is opened, and see what you can obtain. You can consider using a subpoena to gain additional information, to be produced at the hearing date. Nobody has to create special records or reports in response to a discovery request, and it may be that there's little to be obtained other than a copy of the ticket and information about the SMD (if one was used).

    You can speak with the prosecutor about reducing the ticket, or the possibility of dismissal.

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