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  1. #1
    Join Date
    Sep 2018
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    Default What to Do if You Get a Speeding Ticket but Don't Think That You Were Speeding

    My question involves a traffic ticket from the state of: Indiana. I'm charged with violating I.C. Code 9-21-5-2(a)(1) which is exceeding 30 MPH in an urban district. Vehicle speed on the ticket said 45.

    I requested a court date. I'm not sure if the officer used a radar and I was too flustered to ask at the time and I didn't respond when he asked if I knew how fast I was going. Is this a suitable defense?

    The infraction occurred between two intersections with stop lights no more than a few hundred yards in a hilly area. I was at a complete stop at the first intersection and was just coming to speed before reaching the next intersection which required another stop. Also my car is a small 4 cylinder and I don't believe I was speeding given that I was just coming to speed from a complete stop, the hilly area and having to slow down prior to the next stop.

  2. #2
    Join Date
    Sep 2010
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    19,147

    Default Re: Defense

    The fact you don't know what evidence the officer has against you is not a defense.
    The fact you didn't incriminate yourself when prompted by the officer is not a defense.
    You're not getting anywhere with the "my car is to crappy to go that fast" defense either.

    We'd need more details than you have here to provide any ideas as to a defense.

  3. #3
    Join Date
    Jul 2018
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    Default Re: Defense

    Quote Quoting indydriver
    View Post
    I requested a court date. I'm not sure if the officer used a radar and I was too flustered to ask at the time and I didn't respond when he asked if I knew how fast I was going. Is this a suitable defense?
    Is what a suitable defense?

    Is it a suitable defense that you requested a court date? No.

    Is it a suitable defense that you are unsure if the officer used a radar? No.

    Is it a suitable defense that you were too flustered to ask? No.

    Is it a suitable defense that you didn't respond when he asked if you knew how fast you were going? No.

    What would possibly make you think any of those things might be a suitable defense?

  4. #4
    Join Date
    Oct 2016
    Posts
    1,116

    Default Re: Defense

    If you're thinking that you not knowing your own speed is a defense you'd be wrong. Ignorance of your own speed or of the posted speed limit is never a defense.

    It sounds like you don't have a defense at all.

  5. #5
    Join Date
    Sep 2018
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    2

    Default Re: Defense

    This is what I was planning on using for my defense below. Should I not even bother and maybe try to talk to the prosecutor beforehand to try and make a deal? I get that maybe I should omit the part about 4 cylinder car but I was just coming to speed after a complete stop and getting ready to stop again.

    My defense: The infraction occurred between two intersections with stop lights no more than a few hundred yards in a hilly area. I was at a complete stop at the first intersection and was just coming to speed before reaching the next intersection just a few hundred yards away which required another stop. I don't believe I was speeding given that I was just coming to speed from a complete stop, the hilly area and having to slow down prior to the next stop.

  6. #6
    Join Date
    Jul 2018
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    Default Re: Defense

    Quote Quoting indydriver
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    My defense: The infraction occurred between two intersections with stop lights no more than a few hundred yards in a hilly area. I was at a complete stop at the first intersection and was just coming to speed before reaching the next intersection just a few hundred yards away which required another stop. I don't believe I was speeding given that I was just coming to speed from a complete stop, the hilly area and having to slow down prior to the next stop.
    What evidence do you have that your car is incapable of accelerating from a stop to any speed in excess of 30mph (whether it was anywhere in the 31-45mph range, you were still exceeding the posted speed limit) in the stated distance?

  7. #7
    Join Date
    Sep 2010
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    19,147

    Default Re: Defense

    Quote Quoting indydriver
    View Post
    This is what I was planning on using for my defense below. Should I not even bother and maybe try to talk to the prosecutor beforehand to try and make a deal? I get that maybe I should omit the part about 4 cylinder car but I was just coming to speed after a complete stop and getting ready to stop again.
    Your intent is rather immaterial. Perhaps, you were intending to blow the stop sign.

    Your "belief" is not evidence. Even if you state it as a fact that you were not speeding, you're not an unbiased witness. The officer's expert testimony will trump that any day of the week.

  8. #8
    Join Date
    Oct 2016
    Posts
    1,116

    Default Re: Defense

    Your "4-cylinder car" argument is ridiculous. A few hundred yards is plenty of distance and unless this was a bicycle any motor vehicle should easily be able to reach 45 mph.

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