The New “What did you do with your Z today” (with off topic replies) XXXVI

alcheng

I read you're not going to appeal for it, just out of curiosity, is speeding ticket easy to fight in US?

JARblue

Depends. Usually on the region/court but often the circumstances as well. Sometimes it is incredibly easy. Sometimes it is simply a waste of time.

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alcheng

does the judge will actually dismiss the case or just lower the fines?


In Canada, it's so rare now the ticket will get dismissed...

JARblue

Both are possible. Just depends.

It's pretty rare around here.

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BettyZ

Also, in Texas does the owner of the car get the ticket? I figured the officer would have cited the driver, who you were pretty obviously blowing, but Texas law can be funny like that...

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Rusty

Like Jar said. Depends on the officer, the judge, and anything else. In my area. They will drop the points most times. But you will still have to pay the fine. 25 mph over. You might get cuffed and stuffed on the spot.

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BettyZ

If the officer doesnt show up or if there's a defect on the ticket the judge will dismiss it.

Otherwise, no. Remember that the state/district attorneys assigned to traffic courtrooms are brand-new and itching to have some trial experience.

And in Cook County, at least, you get a whole other set of statutory fines leveled on you if you show up and contest the ticket. Victim Reimbursement Fund, DUI Fund, Illinois-Be-Broke Fund.

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Rusty

Here, you in front of the district magistrate, and the officer. Unless you're in a big city.

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"The Difficult Anytime, The Impossible By Appointment Only"
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bunk

I had to go to court for a ticket. The judge that day was a stand in for the regular one. He said that California fees/taxes on top of ticket fines were ridiculous, and that people can ask for a reduced fine. He was dropping the fine for EVERYONE by over half.
Then a guy comes in, calls out about 20 names and to follow him to another courtroom because this one was way too full. I was one of them. The judge I had to see had just finished a hearing regarding a drug offender. I ask if he could reduce my fine. NO! Case closed.
That first judge showed us the base fine for difference offenses, then what it costs after fees/taxes/bs, it was like 10-15x the cost of the base penalty.

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alcheng

You have the best luck on that day.... i'll go for a lottery ticket on that day if it happens to me..

Rusty

That first judge is my kind of judge. Too bad you got screwed with the 2nd judge azzhat.

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"The Difficult Anytime, The Impossible By Appointment Only"
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vtec to vvel

Anything is easy to fight if you get a good lawyer.

IMO, if you are contesting a speeding ticket and you are your own defense, the likelihood of it getting dismissed is not likely. And in the off-chance it did get dismissed, you would have to provide some compelling evidence that 1.) you weren't speeding, 2.) if you were, then a justification as to why you were, 3.) the LEO's equipment was faulty, 4.) LEO's credibility, 5.) etc. There is also the scenario where the LEO doesn't show up to court if you were to appeal, and in this case, the citation could be dismissed, but again, the likelihood of the LEO not showing up is unlikely. Too many dismissed citations against a LEO doesn't look too good on their end.