Opinions on appealing a speeding ticket

[TGH]

Hi...just looking for opinions from the law enforcement community on appealing a speeding ticket in court (in Massachusetts if that is relevant). I got stopped for 41 in 25 mph zone. The officer checked off both the 'Radar' and the 'Estimated' box on the ticket...I'm not exactly sure what that means. I certainly was exceeding 25 mph, although 41 surprised me. I'm basically planning to throw myself on the mercy of the court. My driving record is spotless....I'm 40 and this is the first speeding ticket I've ever gotten. And my motivation is primarily that the ticket is $160!! $110 for the ticket and a $50 'Head Injury' surcharge. In the middle of Christmas season that stings a lot. Is this worth appealing, and what typically happens in these cases? Thanks.

[jakflak]

You said you were speeding. Just pay the ticket.

[Magnum314]

Doesn't sound like much you can do. Everybody gets a ticket at one time or antoher. Think of it as the "Speed Tax". Assuming you've been driving for 24 years, that's pretty cheap.

Like jakflak stated, just pay it and move on.

Not sure how the courts work in your neck of the woods, but when my wife got a ticket, we were more concerned with the points and insurance increase. So she asked for a higher fine and no points. May cost a little extra on the front end, but I figure it saved us some over the course of the next couple of years.

As my old drill instructor used to say, "You play, you pay."

[Akadian8]

Hi...just looking for opinions from the law enforcement community on appealing a speeding ticket in court (in Massachusetts if that is relevant). I got stopped for 41 in 25 mph zone. The officer checked off both the 'Radar' and the 'Estimated' box on the ticket...I'm not exactly sure what that means. I certainly was exceeding 25 mph, although 41 surprised me. I'm basically planning to throw myself on the mercy of the court. My driving record is spotless....I'm 40 and this is the first speeding ticket I've ever gotten. And my motivation is primarily that the ticket is $160!! $110 for the ticket and a $50 'Head Injury' surcharge. In the middle of Christmas season that stings a lot. Is this worth appealing, and what typically happens in these cases? Thanks.

Head Surcharge? did someone get injured?

Anyways, don't come to a police officer forum for advice. Most of the "advice" you will get from this forum is designed to burn you.

You should get a lawyer, and he/she will help you make a decision in YOUR best interest. The POs here should not be looked at as attorneys, as you can see from the posts above.

[L-1]

The officer checked off both the 'Radar' and the 'Estimated' box on the ticket...I'm not exactly sure what that means.

Officers are taught to establish speed by a variety of means. One is to pace the other driver with the patrol car, next is radar and third is visual estimation. (With little effort you can learn to estimate within 1 or 2 MPH of the actual speed.) It sounds like both radar and visual estimation were used here.

Based on what you've written, I strongly suspect the judge will find you guilty if you appeal. The argument that you didn't realize how fast you were going will only hurt you as most violations and the resulting accidents, injuries and death are caused by inattention rather than deliberate acts. That's the whole point of the ticket, to get your attention and modify your behavior. <G>

I don't know about MA, but in California you have two choices. You can attend traffic school and not have the ticket go on your record. This saves you a lot with respect to license points and increased insurance premiums.
However, this option is not available to you if you elect to fight the ticket and lose. You might want to see if this option is available in your state and go with it.

[cmelton_4]

Talk to the prosecutor about Pre-trial diversion. That will get you past the holiday season before you pay the fine, and pre-trial can keep your driving record clean, as long as you don't get another one. Seeing as this is your first, I doubt that would be a problem.

[TGH]

Head Surcharge? did someone get injured?

Anyways, don't come to a police officer forum for advice. Most of the "advice" you will get from this forum is designed to burn you.

You should get a lawyer, and he/she will help you make a decision in YOUR best interest. The POs here should not be looked at as attorneys, as you can see from the posts above.

I hear ya! I wasn't really looking for sympathy...just interested in the other view. $160 is an utterly ridiculous amount of money for an offense like this, but definitely not worth getting a lawyer involved. From everything I've heard, if you have a clean record you will generally get the fine reduced in court. If I can save myself $100 it is worth it.

[TGH]

Talk to the prosecutor about Pre-trial diversion. That will get you past the holiday season before you pay the fine, and pre-trial can keep your driving record clean, as long as you don't get another one. Seeing as this is your first, I doubt that would be a problem.

Thank you - this is helpful. I assume the information on how to go about contacting the prosecutor will be sent to me when they send me my court date?

[jerrymaccauley]

Another consideration is that if you plead not guilty and you lose, the court costs will be added to your fine.

[jerrymaccauley]

Head Surcharge? did someone get injured?

Anyways, don't come to a police officer forum for advice. Most of the "advice" you will get from this forum is designed to burn you.

You should get a lawyer, and he/she will help you make a decision in YOUR best interest. The POs here should not be looked at as attorneys, as you can see from the posts above.

This is why we frown on non leos answering these questions. if you're a paralegal, you need to stay out of this discussion,because obviously you know more than a mere police officer who has attended hundreds of traffic hearings. the head injury surcharge is a seperate fund set up to help offset the cost of paying for trauma injuries for uninsured or underinsured motorists, but a paralegal already knows that, right?

[keith758]

I agree with jakflak: If you're guilty, face up to it and pay.

[lazycop]

Reason for Editing.

[TGH]

I agree with jakflak: If you're guilty, face up to it and pay.

I don't disagree...it's a matter of 'how guilty'...in Mass, it's $50 for the first 10 miles over the limit, then $10 per mile after that. I have serious doubts I was going 41. If I had gotten a $50 ticket, I'd have paid it already. For $160 I am clearly incentivized to go the court route, particularly given everything I've heard about it being practically a given that going thru the process will result in a lower fine if you have a clean slate.

[gotthblues]

i dont know about your area, but where i worked, if you did have a good driving record and the violation wasnt too bad, you could ask for either a differed sentence *which is kinda like guilty without saying the word guilty* would get you court cost and 3 to 6 months probation, or you could do defensive driving, $20 plus court cost, around $45 i think,
but if i remember right you said you were ticketed for 41 in a 25, thats almost twice the limit, so i dont know if either would work, you might also consider the area where you were cited, was it a conjested residential area, or an open area between residences or businesses, something to think about,
also, just a thought here, * counting on honesty, not that i have any reason to doubt your honesty* but you said that you were speeding but you dont think you were going 41 in a 25, well, you never said how fast you were going, so you dont have an arguement to fight the citation, because to me, from what ive read, you dont know how fast you were going,

also, if you decide to just pay and be done and are worried about the holidays, most courts have a defered payment plan, you make small payments, like $40 every four months, or something like that,

[Akadian8]

This is why we frown on non leos answering these questions. if you're a paralegal, you need to stay out of this discussion,because obviously you know more than a mere police officer who has attended hundreds of traffic hearings. the head injury surcharge is a seperate fund set up to help offset the cost of paying for trauma injuries for uninsured or underinsured motorists, but a paralegal already knows that, right?

Why would you frown upon my advice for the guy to get EXPERT advice? You probably frown upon anyone contesting what you charged them with.

If you are not here to legitimately answer the original poster's question in HIS best interest, then YOU need to stay out of the discussion.