Got caught speeding...

[JefferyD90]

So I got caught speeding today and I got a citation and a court date and everything.  I need some help to build a nice case so I get the best case scenario.  Since there are a lot of smart people here, and a lot of trolls, I expect to get a few good post to help, and a bunch of funny ones to make the "Fuck I just got pulled over" feeling go away.

 

I live in the state of Kentucky, so double check anything if you're unsure.

 

Scenario:  I was driving home from taking a co-worker home, they live quite a drive away (3 counties away).  After dropping co-worker off at their house, I proceeded home.  About half way there, just before entering a small community, I was pulled over by a officer.  The officer claimed that I was going 56mph in a 35mph zone.  The officer asked for my license and proof of insurance.  I provided my state drivers license, I also attempted to provide a electronic copy of my insurance (the officer declined it, said I needed a paper copy).  He then wrote a citation, gave me a court date, and I was on my way.

 

I am being charged with:

1. 00021 Speeding 21 mph over speed limit

2. 00480 Failure of owner to maintain required insurance, 1st offense.

 

My main arguments:

 

1.  I was following the flow of traffic.  There was a car behind me (about 5 car lengths or 10 seconds) and I was neither loosing ground or gaining ground.

 

2.  I am out of town and genuinely unfamiliar with the area.  Any wrong doing was completely unintentional and unintended.

 

3.  The officer was clocking me at quite literally a worst case scenario.  It was within seconds of entering the speed zone, going down hill, and before the residential zone the speed zone was protecting.  Additionally, before the officer even flipped his lights on I was already below the speed limit.

 

Additionally:  According to Kentucky State Law "806 KAR 39:070" Section 2.4 "Mandatory contents of the proof of insurance.  In either paper or electronic format, the proof of insurance shall be prominently display the following information, in the order listed:"  and it goes on to say it needs to be black and white, give my name, the policy number, and all of that.  My insurance, that I tried to present, had all of this information.  So displaying this information on my court date, should get me out of charge #2 without much effort.

 

If anyone has anything else they think I could add, I'd appreciate it.  Also, if you think I have any holes in my claims let me know so I can fill them.

 

Thanks for the help!

[thekeemo]

pay up is what im going to say 

[JackTheYoungBuilder]

 

"My main arguments:

 

1.  I was following the flow of traffic.  There was a car behind me (about 5 car lengths or 10 seconds) and I was neither loosing ground or gaining ground.

 

2.  I am out of town and genuinely unfamiliar with the area.  Any wrong doing was completely unintentional and unintended.

 

3.  The officer was clocking me at quite literally a worst case scenario.  It was within seconds of entering the speed zone, going down hill, and before the residential zone the speed zone was protecting.  Additionally, before the officer even flipped his lights on I was already below the speed limit.

 

Additionally:  According to Kentucky State Law "806 KAR 39:070" Section 2.4 "Mandatory contents of the proof of insurance.  In either paper or electronic format, the proof of insurance shall be prominently display the following information, in the order listed:"  and it goes on to say it needs to be black and white, give my name, the policy number, and all of that.  My insurance, that I tried to present, had all of this information.  So displaying this information on my court date, should get me out of charge #2 without much effort."

 

That should be just enough especially the last part.

[astranger200]

say that you had overclocked you car.... 

[KirbyTech]

-snip-

You are going to get screw on the 21 over, that is not a small amount. Even if you were going the flow of traffic it does not matter if you are the lead car which it sounds like you were. They will not listen to that point of yours. You will have to pay up, you might be able to get rid of the insurance one and maybe drop the speeding under 20 so it is less of a fine. You are screwed any way you look at it, unless the judge is super nice.

[AlwaysFSX]

1. That might be your only case of how you might get out of the ticket, or at least get a lesser punishment from it.

2. Doesn't matter, you need to watch for signs.

3. Again with #2, doesn't matter, you need to maintain your speed by applying your brakes so you don't go over the speed limit. (How it'll be seen)

[Nexxus]

1.  I was following the flow of traffic.  There was a car behind me (about 5 car lengths or 10 seconds) and I was neither loosing ground or gaining ground.

- Not an excuse or defence. 

 

2.  I am out of town and genuinely unfamiliar with the area.  Any wrong doing was completely unintentional and unintended.

- Not an excuse, you should of paid more attention to traffic signs

 

3.  The officer was clocking me at quite literally a worst case scenario.  It was within seconds of entering the speed zone, going down hill, and before the residential zone the speed zone was protecting.  Additionally, before the officer even flipped his lights on I was already below the speed limit.

-Not an excuse, sign reads 50? go 50, not 51, yes you can be stopped for that

 

You were in the wrong entirely, face the consequence. 

[CatzRuleZWorld]

Neither (...) nor (...)

Just fyi.

Bring paper version of insurance as well as electronic version in case judge doesn't want to look at your phone for that.

(Idk, never been to court just things I think might help)

[skylane]

You won't be able to get off the 1st charge with those arguments. You can probably get it reduced though with a lawyer. Do you already have pts on your record? If so might be worth the lawyer. 2nd charge is complete BS. It will get dropped. 

 

BTW - be careful with +20mph speeding tickets. In NYS they can charge you with reckless driving also with +20mph in residential zones. Guessing you were in residential zone since the limit was 35mph. 

[Polyvalent]

you're not getting out of the first charge, plain and simple.  2nd charge is ez drop.  

[Godlygamer23]

3.  The officer was clocking me at quite literally a worst case scenario.  It was within seconds of entering the speed zone, going down hill, and before the residential zone the speed zone was protecting.  Additionally, before the officer even flipped his lights on I was already below the speed limit.

-Not an excuse, sign reads 50? go 50, not 51, yes you can be stopped for that

While you could be stopped for going 51MPH, they need a margin of error - speedometers are calibrated differently. One speedometer might say 48, while another could say 53.

[EpicGeekonFire]

say that you had overclocked you car.... 

 

"Intel Turbo Boost Kicked in"

[bob345]

 

 

"My main arguments:

 

1.  I was following the flow of traffic.  There was a car behind me (about 5 car lengths or 10 seconds) and I was neither loosing ground or gaining ground.

 

You say that on your court date you  are guaranteed to have the full fine put against you. That is the #1 excuse people use and they will not let you off for it. Same thing with you being out of town. They wont care and it is just another poor excuse to them. The only valid excuse you have is the changing speed zones. Some states require the officers to give a buffer zone for people to slow down. Check your local laws and see if that is a thing where you live.

[mc141]

im noy a lawyer but u fcked. as far as the speeding they may let u plead guilt to a lower charge. where i live i was 10 over going the flow of traffic and they let me plead guilty to  a 0 point careless driving . had to pay $400 fine. but a 0 point careless driving only is 0 points if you only get that ticket once every 5 yrs

 

 

if u show them your insurance card at the court they may let u slide with a warning if your lucky. ive seen them do that to

[iamdarkyoshi]

You are going to get screw on the 21 over, that is not a small amount. Even if you were going the flow of traffic it does not matter if you are the lead car which it sounds like you were. They will not listen to that point of yours. You will have to pay up, you might be able to get rid of the insurance one and maybe drop the speeding under 20 so it is less of a fine. You are screwed any way you look at it, unless the judge is super nice.

Claim being unfamiliar with the area and missed the speed zone sign and just went with the speed of the next car

[Godlygamer23]

@JefferyD90. In case you're wondering, if you go show up at court and the officer doesn't show, they'll probably just let you off.

[Nexxus]

Myth: Matching the “Flow of Traffic” and Passing Are Valid Excuses for Speeding

While driving too slow in traffic can be a hazard, the general concept of “going with the flow” of traffic isn’t going to get you out of a speeding ticket. Professor Bambauer explains that “everyone was doing it” is never a good excuse. Of course, Bambauer also points out that police forces can’t and shouldn’t go after every offender they see, but they might pick one speeder to make an example of.

Essentially, go with the flow at your own risk, but don’t expect to be let off the hook if you end up pulling the short straw. Even briefly passing another car won’t fly as an excuse either. Maybe the car in front of you is going just a little slower than you’d like, but to pass them you know you’ll have to go over the speed limit. As William Van Tassel, AAA’s National Manager of Driver Training, points out, you’re not allowed to exceed the speed limit for any reason—even if it’s just for a moment. Professor Bambauer calls posted speed limits “bright-line rules”:

This means they’re simple and clear. If the limit is 55, as soon as you’re going 56, you’re potentially liable—whether you’re passing, distracted, or rushing to the hospital. The police may decide not to enforce the violation, but you’re at risk.

In fact, when it comes to getting pulled over, it’s generally a bad idea to give any type of excuse for speeding anyway. Aaron Quinn, the communications director for the National Motorists Association, explains that giving a reason to why you were speeding is an open admission that you were speeding:

“Never admit to speeding in the process of talking. I would say just to be polite with the officer. Reasoning with the officer is something that might help you out if you actually are on your way to the hospital. You can try talking, just don’t admit guilt.”

 

 

While you could be stopped for going 51MPH, they need a margin of error - speedometers are calibrated differently. One speedometer might say 48, while another could say 53.

 

Myth: “Radar Inaccuracy” Is a Good Defense for Traffic Tickets

While it is true that radar guns and other similar devices can fail, the odds are stacked against you if you try to make their inaccuracies your defense. Jen Lamboy, at dmv.org, explains that a judge will likely request proof that the radar was inaccurate, and simply stating that the radar didn’t match your speedometer isn’t enough. At that point it’s your word against the radar gun’s, and that won’t get you very far. Professor Bambauer agrees:

...generally this defense won’t work. Some states accept a trained officer’s estimate of your speed; some require only yearly certification or testing; and some courts accept technical violations in things like certificates. It’s hard to prove that radar is inaccurate, and even that may not get the ticket overturned.

The best you could do is suggest that the officer’s equipment hasn’t been re-calibrated recently. For that, you’d need to see the officers calibration records and that would probably involve hiring a traffic attorney. You still may not even win, and at that point, you have to decide what will cost you less.

[Unlikelyjoker]

This is why my dad has his speedo read slightly more than it is :l

[KirbyTech]

Claim being unfamiliar with the area and missed the speed zone sign and just went with the speed of the next car

The next car? You mean the one behind him? They don't care about him they care about OP and since OP was not following anyone we know of they will not take that as an excuse. I am also guessing that OP is young so using that will not work in his favor.

[iamdarkyoshi]

I really need to stop speeding. I have never been pulled over for anytning which is surprising as I have been going 45 in a 25 zone right by the courthouse before. Granted, I did have a foot cramp which is a horrible thing while driving, but still no excuse...

[JefferyD90]

You say that on your court date you  are guaranteed to have the full fine put against you. That is the #1 excuse people use and they will not let you off for it. Same thing with you being out of town. They wont care and it is just another poor excuse to them. The only valid excuse you have is the changing speed zones. Some states require the officers to give a buffer zone for people to slow down. Check your local laws and see if that is a thing where you live.

This is very helpful, the bufferzone is something I have heard of several times.  Thanks.

[Nexxus]

This is why my dad has his speedo read slightly more than it is :l

fun fact, pretty much all cars do this from factory anyways.

[Enderman]

Shoulda gone faster to outrun the pol

[Godlygamer23]

Myth: “Radar Inaccuracy” Is a Good Defense for Traffic Ticket[.]

I did not mention anything about a radar. I said speedometer. Two different things. http://auto.howstuffworks.com/car-driving-safety/safety-regulatory-devices/speedometer4.htm

 

No speedometer can be 100 percent accurate. In fact, most manufacturers build speedometers so they fall within a fairly narrow tolerance range, no more than 1 percent to 5 percent too slow or too fast.

[Notree]

Your absolutely screwed on the speeding ticket. None of your answers will hold up in court. You were speeding.lol The insurance fine will be thrown out as long as you do in fact have valid insurance.