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  1. #1
    Join Date
    Jan 2020
    Posts
    2

    Default Addressing Inaccuracies Within a Speeding/Careless Driving Citation

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

    About a month ago I was pulled over a dozen miles from my home. The officer who pulled me over told me he paced me going 75 mph coming out of a 30 mph zone. When he returned with the ticket he gave me 75 in the 50 mph, but he used this insane rate of speed in a 30 to verbally justify also giving me a careless driving citation AR- 27-51-104

    I have several issues with the entire situation:

    The area where he pulled me over is 3 miles outside of the 30mph zone and the fact that when he pulled me over I was going 62 in the 50. Which is still speeding and I would never deny that I do that. The 30 mph zone he is talking about ends in a 20 mph hair-pin I could not have gone 75 out of without dying. So I don't think I was ever going 75....I have no idea how to explain that to a judge without sounding like an asshole who just wants to argue.

    My second issues is unique to this area of AR. My city spans two counties and it was a city officer who stopped me. He circled the correct county at the top of the ticket. But under the Location on the ticket he put an intersection that is on the other side of town, in the other county, and (I checked twice) a 45 mph zone.

    Also with my understanding of the Careless driving law, it doesn't match the situation. There was no other traffic, I never skidded or lost control of my vehicle, I never left the road, or meet any of the other descriptors in the law.

    I also see where the statute says that the fine cannot exceed $100. Looking at both theses tickets in the court system, the fine for the speeding ticket is listed at $150 and the separate careless driving at $180.

    I guess my question is how do I address all this at court next week and still sound like a respectful person who usually just pays the rare speeding ticket and lets it all go. At this point I would be willing to pay the tickets if I can keep that careless driving from going on my insurance and them dropping me.

  2. #2
    Join Date
    Mar 2013
    Posts
    17,487

    Default Re: Addressing Inaccuracies Within a Speeding/Careless Driving Citation

    1 - The "I was speeding but I wasn't speeding as fast as the officer said I was" is a common lament. It's the officer's word against yours. The judge will believe the officer every time.

    2 - Errors on the citation are generally not much of a defense. The location issue may be serious enough to allow you to cast doubt on his observation of your speed.

    3 - City, county, state officers have reciprocity and often cross city and county lines to enforce traffic laws.

    4 - There are often court fees added to base fines. That's common.

    The Careless Driving statute seems to be a subjective catchall.

    https://law.justia.com/codes/arkansa...ion-27-51-104/

    You can consult a traffic attorney if you like or you can just plead not guilty and hope for a plea offer.

  3. #3
    Join Date
    Jan 2020
    Posts
    2

    Default Re: Addressing Inaccuracies Within a Speeding/Careless Driving Citation

    I never meant to imply that I didn't believe the officer had jurisdiction. I simply meant he was inconsistent with his location to a large enough degree that my husband griped at me for going the 'wrong way' to work when he read the ticket.

    Thank you, I'm just gonna show up next week and hope.

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