WWYD -- plea not guilty or accept plea bargain for speeding ticket

[Nechums]

I got a speeding ticket which I am 100% certain is wrong. I had my cruise control set for 35 in a 30 mph zone. Yes, while it was technically speeding, it wasn't the 47 mph I was accused of. I know it's the cop's word against mine, but most people are suggesting I take the plea bargain and not go to trial even though I'm not guilty. WWYD -- request a trial or take a plea bargain?

[amldaley]

I would take your vehicle in to the dealership and have them check your cruise control and explain to them about the ticket. They can verify if it is accurate or off at all. If it is off at all, bring the repair receipt to court and plead your case.

That said, I don't understand what the plea deal vs trial is for a speeding ticket? Unless there was some reckless element, don't speeding tickets just go to traffic court for a standard appearance before the judge type hearing?

What are the ramifications/consequences of the plea agreement?

[AnnieW625]

I ended up paying mine because there was no chance that I could go to traffic school because I was supposedly going 26 mph over the posted speed limit and I was in a school zone, and conveniently for the cop/city the limit for traffic school is 25 mph or less more than the speed limit. I was clocked at going 51 mph in a 25, which I know I wasn't going that fast because I had less than 1/4 of a mile from where the cop got me to slow down to stopped traffic to turn left, and at that speed in my car (06 Honda Pilot) would've been almost impossible to do. I would've agreed that I was probably going about 40, but no way was I going 50 mph. It was my first traffic ticket so my fee was only $110. Had I been able to go to traffic school if I lost I definitely would've fought the ticket, but because I couldn't it would've been more of a pain to take another 4 hrs. off work, and the ticket really didn't effect my insurance much I just sucked it up and paid it. If I were you I would fight it because you'll get off if the cop doesn't show up for work, and I would also tell the judge that you want the calibration report from the cop's radar gun; in California you can ask for that.

4/1/2 yrs. later this still makes me mad, but I survived. I just never drive down that street esp. when school is in session or I drive 25 mph and I know it pisses people off but I'd rather be safe than sorry.

[ThreeofUs]

I'd fight it. Tell the plea bargain folks that you know you're right, you can't plead guilty to something you didn't do, and that you think the case should be dismissed. Get your CC established as correct (or incorrect, in which case you can plead you were doing your best and shouldn't be penalized), and (if your cruise is right) call the radar detector into question. As in, when was it last calibrated?

[lizzywednesday]

Won't you end up paying more in court costs by requesting a trial?

You can appear in court and try to plead down the ticket depending on the type of offense it ends up being - points on the license, reckless driving, etc. - but it's not really a full trial.

I like A-M's idea of taking your car to the dealer to have the cruise control checked out to ensure it's working properly ... but, then again, I have to ask why were you using cruise control in such a low speed zone? Most people I know only use it on the highway ...

[clb]

I thought 15 miles over is a reckless driving charge with increased points? Maybe that is why your friends are suggesting the plea. The points affect your insurance rate.
If the plea is a fine without points, I'd be inclined to take it.
I have also heard second hand about fighting tickets based on the radar calibration.

[amldaley]

Plus, you always have the chance that the Officer won't show to court and then the ticket is dropped anyway.

[amldaley]

... but, then again, I have to ask why were you using cruise control in such a low speed zone? Most people I know only use it on the highway ...



I use it anywhere and everywhere I can. Mine won't set below 25 but I drive long stretches at 35 mpha nd 45 mph and I always use it. I think that is why I have not had a speeding ticket in so long!

[jenstring95]

I use it anywhere and everywhere I can. Mine won't set below 25 but I drive long stretches at 35 mpha nd 45 mph and I always use it. I think that is why I have not had a speeding ticket in so long!

I do this too, and I WISH I could use it in school zones, but mine doesn't go low enough either. I would rather watch the road more closely for kids and not have to keep checking my speedometer. Also, you're supposed to get better gas mileage with cruise control!

[Snow mom]

But you were speeding, right? I'm confused by you saying you aren't guilty since you admit you had your cruise set 5 over. Are you trying to get the speed over reduced or get the entire ticket overturned? Personally, I think you should pay the ticket and be done with it. I think it's dishonest to argue you weren't speeding if you know you were.

[JElaineB]

I was on a jury this week for someone who pleaded not guilty to a speeding ticket. I am sure it varies by state, but the two thing the city had to prove beyond a reasonable doubt was that he was 1) driving in the area that they claimed and 2) that he was exceeding the 25 mph speed limit. If we said guilty (which we did), we then had to determine was speed he was going. We said 35 mph becuase that is what the police officer testifed to. He also testified that he had calibrated the radar detector and it was working properly. So the defendant not only has to pay the original ticket amount he also has to pay court costs (though the judge told us after he could only charge him $60 in court costs though it cost the state a lot more). Personally I would just pay the ticket. You admit you were speeding, and the with court costs could end up being more than the original ticket even if they do reduce the mph.

[TwinFoxes]

Unless the higher speed bumps you up to reckless driving I'm not sure why you'd fight it. (But I also don't understand how you can have a plea bargain?) You were speeding after all. If you can't afford to pay I think getting your CC calibrated etc. may end up costing a fair amount, and then you may still have to pay.

[waitingforgrace]

I think whether or not you should fight the ticket depends on whether (or how many) points on your license are involved. If the plea would eliminate points altogether then I'd do that and be done with it. Honestly even if it were only a point or two and you don't already have any I'd still just pay the ticket and not fight. How the court dates work with the officer showing up can vary from state to state, for instance here your first date you would ask for a trial, date would be set, you and officer notified of date, and only if officer doesn't show up to trial would the court possibly grant a dismissal. Honestly even a "simple" speeding trial would likely require you hire an attorney which is added expense. Might not be a bad idea to check with an attorney to see what the state has to prove then you could maybe make a better decision. An attorney should be able to tell you if there are any other options such as driving school or community service hours if your previous driving record is good.

[infomama]

Take the plea and ask for no points.

[m448]

pay one of those local traffic ticket lawyers their fee and call it a day. You save your time ($$$), as well as have someone who can make sure your insurance/license/etc. are minimally or not affected at all without you even having to walk into court.

[Jo..]

I'd fight it tooth and nail. Cops won't normally give a hoot for people 5 miles over the speed limit. Maybe he was having a bad day.


I have never had a ticket of any kind in my life. Then once in my mid-twenties a police woman gave me a ticket because my front wheel was three inches over the stop line (in NYC). I fought it, she failed to show, and my record is 100% clean.

[chlobo]

Won't you end up paying more in court costs by requesting a trial?

You can appear in court and try to plead down the ticket depending on the type of offense it ends up being - points on the license, reckless driving, etc. - but it's not really a full trial.

I like A-M's idea of taking your car to the dealer to have the cruise control checked out to ensure it's working properly ... but, then again, I have to ask why were you using cruise control in such a low speed zone? Most people I know only use it on the highway ...

I will sometimes use my cruise control in my town where the speed limit is 30 or 35 because I have a bit of a lead foot. If I set my cruise to 30 I don't speed.

[chlobo]

Plus, you always have the chance that the Officer won't show to court and then the ticket is dropped anyway.

In Massachusetts, this is NOT true. There is an officer who is assigned to go to court each day and he simply reads from the ticketing police officer's book notes about the incident. I know this because I have contested two tickets and the ticketing officer was not present at either hearing.

[lalasmama]

My state doesn't do points (Thank Goodness!)... however I've been in Traffic Court a fair number of times. I think just about every time I have pleaded "no contest"--so I'm not pleading innocent, because I know I have a lead foot, and I'm not admitting guilt, because, well, who wants to admit they screwed up? ;) Each and every time, the judge has asked me if I had anything I wanted to say. And each time they have discounted my ticket significantly. The best "save" was from $1200 and a year suspension to $400, which I was allowed to pay off little by little each month (seriously, like $50 a month). For the badness record, that $1200 ticket included: no insurance (true, I couldn't afford it), speeding (I was going 26mph in a 20mph 24-hour school zone in the middle of the night), no proof of registration (true, no idea where it was), and speeding in a safety zone (see the speeding in a school zone piece).

At any rate, for me, it was easier to just admit it and deal with it (even that 26mph in the middle of the night), than to try to argue it. IME, the more you argue about it, the meaner they will be if it's not dismissed. And if you get a cranky judge, they will point out that 35 in a 30 is speeding, and won't dismiss it....

[Nechums]

Thanks for all your suggestions. I think im going to go with a plea bargain. I have a fairly clean record, so even if I get two points, a driving class will wipe it clean.

In terms of the cruise control, I use it everywhere I can, even local streets because I know how easy it is to speed excessively without even realizing it. I always set it for 5 mph over the limit (unless it's in a school zone) and even then I'm always being honked at and passed for going so slowly.

[infomama]

Thanks for all your suggestions. I think im going to go with a plea bargain. I have a fairly clean record, so even if I get two points, a driving class will wipe it clean.

Doesn't hurt to say to the Judge (when they ask you if you want to say anything) something along the lines of, "I would be extremely appreciative if the court would consider my good (excellent?) driving record and amend this to a no point violation. Good luck!