er, make that "trIAl by declaration",... silly spell check doesn't know
what i *meant* to say! ;-)
cheers!
e
ernest breakfield wrote:
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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