always fight a ticket. there are a variety of reasons you might get off.
if it comes down to convincing a judge, i wouldn't argue about what my actual speed was but would be prepared to show evidence that you couldn't have *reasonably* known that the speed limit was 20 since that's what you've been charged with exceeding. it may be a tough argument since there *was* a sign there (even if it was partially obliterated), but i'd bring plenty of pictures and try to make it clear that you would have been obeying the law if there was some way you could have known what it actually was! municipalities have a certain responsibility to make it possible for people to know what the regulations are for any specific place; this is what you're playing to, although you'll probably piss off a judge by saying it this way. (if it can be shown that this is an area you aren't familiar with, that wouldn't hurt; of course, if this is part of your regular commute, it might be deemed that you "should have known" what the speed limit was.)
it varies too much from area to area to know the specifics of how things work where you'll be going to court, but i'm 3-0 in fighting my last 3 tickets like this in CA. you may even have the option of a 'Trail by Declaration' where you make your statement and present your evidence by mail (without ever having to appear in court). this often works for you because the citing officer has to present his side the same way, and they're generally not particularly fond of having to do more paperwork (and are frequently surprisingly bad at it).
if it makes a big difference to you, talk to a lawyer; they might have some tips for you, but sometimes just having legal representation seems to make enough of a difference that a ruling will come out in your favor.
cheers! e Allan Streib wrote:
Got my first speeding ticket tonight, 35 in a 20. I thought I was on an unposted stretch of road, which in town would default to a 30 limit. I cant prove I was not going 35 but seems a stretch given the road. It's a very twisty road through a wooded area with a park. Based on the presence of the park the limit is 20. I did not recall seeing any signage to this effect so I drove back over my route and found ONE 20 mph sign but it was partially obscured by spray paint vandalism. Thinking of contesting the ticket. I'm going back in the morning to take photos of the sign and document the lack of any "PARK ZONE" or additional speed limit signs. Anyone have a feeling whether a judge would dismiss this at a bench trial? Allan
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