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I got a speeding ticket because of my speedometer not working.If fixed can it be void

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  • I got a speeding ticket because of my speedometer not working.If fixed can it be void

    I recently got a speeding ticket because my speedometer was broken while my mechanic was working on the car, I went and got it fixed if I show proof that i got this fixed and i take the ticket to court can i have it removed?

  • #2
    I can't speak about where you are from, but here it would MOST LIKELY be dropped to improper equipment, small fine with no points or insurance hits. Obviously it differs depending on where you are from.
    I and the public know
    What all schoolchildren learn,
    Those to whom evil is done
    Do evil in return.

    -W. H. Auden, "September 1, 1939"

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    • #3
      I would have to say "maybe" only because I've seen some unusual stuff in court. Odds area against you, but it may be worth your while to try. Who knows, you may get a sympathetic judge.

      On that note, here you would have to plead "not guilty" - or request to waive arraignment - to get a trial in order to explain your "predicament", as you would not be allowed to do so at arraignment or if you plead nolo. Most traffic tickets here are not "must appear" summonses, so check with your court (not the PD or whatever LE agency gave you the ticket). If there is any chance of getting things your way, you need to work with the court.

      Be aware that if the officer has a good standing with the court, they will be much more apt to take him/her at their word with no corroborating evidence, whereas you will need to provide proof of your situation and maybe some witnesses. If it was my case, you would have to have Jesus, the Pope, the judge's mother and probably Charlton Heston on your side to even stand a chance.

      I've dealt with such 'defective equipment' cases before. If you did win your speeding ticket, I'd just cite you for defective equipment before you left the room, as by law you would need a functioning speedometer or be in violation of inspection requirements. Trust me, any good prosecutor will 'devil's advocate' his/her own cases, and I have indeed had additional summonses waiting for folks who stood a snowball's chance of avoiding the original charge. I've only had to serve them once in 17 years, but it is an example that you could be up against such things. As long as it is not double jeopardy it is legal.

      Like I said, I've seen some unusual stuff in courts. Give it a try if you like, but do your homework with the court first.
      The opinions expressed here are from the individual only and do not represent the view of any agency that the poster may be affiliated with

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      • #4
        Originally posted by jonm0303 View Post
        I can't speak about where you are from, but here it would MOST LIKELY be dropped to improper equipment, small fine with no points or insurance hits. Obviously it differs depending on where you are from.
        Where in the heck in the south are you? There is no reason this citation should be dropped. You were speeding regardless of whether or not the speedometer was broken or not.

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        • #5
          Not guilty by reason of insanity may be just as effective!

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          • #6
            Its possible the judge or prosecutor could cut you a break. Not likely, but possible. There's no need to prove you knew you were speeding or were intentionally speeding to find you guilty of the traffic offense.

            That said, did your speedometer work at all or was it off? If just off, enough to mean you weren't actually speeding at all?
            I miss you, Dave.
            http://www.odmp.org/officer/20669-of...david-s.-moore

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            • #7
              Around here, assuming you were successful in fighting the speeding citation, you'd just get slapped with a faulty equipment ticket. Depending on your speed, the cost could be in the same ballpark.

              You may have a better case on the civil side. Have you considered asking the mechanic who broke the speedo to pay for your ticket and to offset your insurance premium increase? If not, you could take him/her to small claims court and argue your point there. Civil cases tend to be a little looser than traffic court, and you may get a better chance to explain your side of the story.

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              • #8
                I'm just curious as to how fast you were going and what was the speed limit? That could make a difference. If your 20+ over, highly doubt it gets dismissed. Good luck with it though.

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                • #9
                  Originally posted by Spoken View Post
                  Where in the heck in the south are you? There is no reason this citation should be dropped. You were speeding regardless of whether or not the speedometer was broken or not.
                  I agree.
                  John 3:16

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                  • #10
                    Originally posted by Spoken View Post
                    Where in the heck in the south are you? There is no reason this citation should be dropped. You were speeding regardless of whether or not the speedometer was broken or not.
                    Here's how it usually happens for people with relatively clean driving histories: You issue Joe Citizen a citation for say 50 in a 35. Joe receives fifty letters in the mail from various law firms in the area who state they can help his cause. He picks the cheapest one and mails off a check for around $175-$200 to the law firm. On the scheduled court date the lawyer shows up and talks to the DA who then will make sure you are okay with it (usually), and they reduce the charge to improper equipment. The lawyer will then pay the fine, whatever it is, out of the original amount you sent him and everyone leaves happy. Joe Citizen thinks he won because he keeps his insurance down and keeps the points off his license without even having to show up to court in person, the defense attorney gets his paycheck, the DA doesn't have to screw with another speeding cite and you made Joe slow down that day and come out of his pocket a couple hundred bucks to take care of it. I'm from NC and this happens a lot here. Sure you can always make sure Joe holds one in the end if you really wanted to but for someone who has a decent driving history and was cool on the original stop this is a fair possibility/option.
                    I and the public know
                    What all schoolchildren learn,
                    Those to whom evil is done
                    Do evil in return.

                    -W. H. Auden, "September 1, 1939"

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                    • #11
                      Jon's right. LOL And I knew he was NC before I read it. Happens frequently here. People make mistakes. Equipment is off without them knowing it. If they man when and got it checked and fixed AND his record is pretty good, it'll probably be reduced to improper equipment or he'd get a PJC.
                      sigpic

                      I don't agree with your opinion, but I respect its straightforwardness in terms of wrongness.

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                      • #12
                        Interesting

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                        • #13
                          I drove from age 16-19 in a 1984 Olds(yes the car was older than I was) with a broken speedometer and never once was I pulled over. Find a better excuse.

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                          • #14
                            In CA, a speedometer is not a required piece of equipment. If you get a ticket for speeding because your optional equipment is broken, that is your issue. Stay with, or just below, the traffic flow and you won't get stopped for speeding.
                            Be courteous to all, but intimate with few, and let those few be well tried before you give them your confidence!

                            [George Washington (1732 - 1799)]

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                            • #15
                              Most traffic violations are "strict liability" crimes, meaning that there is no criminal intent involved. If the prosecution can prove that you were traveling above the speed limit then there is really no defense other than "choice of evils" defense, which you don't have.

                              In fact, if you go to trial and state that your speedometer wasn't working, then it will be a slam dunk for the prosecution.

                              Go to court and get a plea bargain.
                              Last edited by PRESSHRD5COPIES; 04-30-2009, 11:25 AM.
                              I have the heart of a child..................................No really, it is in a jar on my desk.

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