Has anyone fought a speeding ticket?

[lovinmyboys]

I’m trying to decide if I should just pay it, or go to court. I have never been in a courtroom before, so don’t know what to expect.

I was pulled over for going 60 in a 45. It is on a road I rarely travel on and I didn’t know the speed limit. I was driving with a group of cars and was going the same speed as them. 
 

I told the officer that I didn’t know the speed limit and it wasn’t marked, so I was just driving what everyone else was driving. He said just because everyone else was speeding, it doesn’t make it right for me to speed. He said he drives that road every day and goes 45 and people pass him.

I thought I had just missed the speed limit sign, so I went back and drove my route and it isn’t marked at all. This road is a 4 lane road with not much on it. It later turns into a fairly busy city street and the speed limit there is 45. Since this was a more rural area of the road, I thought (but did not know) the speed limit was 55.

I told some people that I got my first ever ticket there and they said it is a well known speed trap. I guess I would like to point out to someone in the city that you really shouldn’t have a speed trap somewhere that doesn’t have a marked speed limit sign in the mile before the trap. 
 

Anyway, I was going 15 over. Should I just pay the ticket, or is ignorance a defense in traffic court? I don’t think I am thinking clearly about this because I am just so irritated. I haven’t even been pulled over in over 20 years and I thought the officer was just so rude. But, maybe they are supposed to be rude to speeders?

[Annie G]

I would first check to see what the likely penalty is for the ticket. Some states are strict. North Carolina WILL suspend your license for 30 days for your ticket.  Going 15 mph over and in excess of 55 mph will get it suspended.  I’m guessing you aren’t in NC,  but check your area about what impact the ticket might have on your fine and insurance cost.
 

If you decide to fight it, you can show where you entered that road and prove that there was no speed limit sign between there and where you were stopped, and that driving with the flow of traffic was reasonable. Perhaps ask for it to be lowered to under 10 over the speed limit. In many places under 10 over is not as expensive.  Around here it’s pretty common to get the ticket dismissed/reduced just for making an attempt to fight it, especially if you show contrition and have a good record otherwise.

It really stinks when you’re just going with the flow and are singled out for a ticket!

 

ETA: He didn’t have to be rude. I’m sure he ran your license and knew your driving record. Sure, be rude (a really, stern is a better choice) to a person with multiple tickets over the past few years, since they’re clearly not changing their driving habits. 

Edited March 26, 2022 by Annie G

[JustEm]

No ignorance isn't a defence in traffic court.

But lack of proper signage can be. How far back is the previous speed limit sign. I wouldn't say that no sign for a mile is unreasonable. 

[kristin0713]

I had something very similar happen a few years ago. I had NEVER gotten a ticket before. I was going 62 where I thought it was 55 but it was 50. Right where I got pulled over was sort of at the bottom of a decline so my speed had increased without me even realizing it much. I did not fight it, just paid the darn thing. 

[TechWife]

Between fines, court costs and increased auto insurance rates we figured out that it is much less expensive to pay an attorney to handle traffic tickets. They usually have a flat fee for speeding tickets.

I don’t know that the speed limit not being posted will really help you. In the state where I live there are, by law,  default speed limits for when there isn’t one posted. They are: 35 inside city limits; 55 outside city limits; and 70 on a highway. All drivers are expected to know them and follow them. Your state may have something similar. 

[itsheresomewhere]

Personally, I would fight it but I would hire an attorney. We have done that before and won. Take video and picture of the road and lack of signage.  

Edited March 26, 2022 by itsheresomewhere

[Carrie12345]

It’s been 25 years since I fought a speeding ticket (my only one) and I’m still bitter.

I had a tractor trailer baring down on my butt coming down a hill on the interstate so, yeah, I punched that gas until I could find a gap to switch lanes.  No one cared.
(I was also enormously pregnant and clearly not trying to be w reckless.)

[Granny_Weatherwax]

When I received a speeding ticket, I went to the court date. I didn't really want to fight it but, in my area, a first offense results in court supervision. This means no permanent record after a set time limit, no report to the insurance co, and no loss of points. I still had to pay the fine and court costs but it was minimal when compared to the loss of points and possible increased insurance premiums. 

[madteaparty]

In my area, they use speeding tickets to boost up local budgets. Some form of legal extortion. So you get a speeding ticket, go to court and it’s magically changed into a parking ticket (a non moving violation which means no points on insurance). Never mind that it would be sort of impossible to violate any parking rules in these towns but things don’t have to make sense to exist 🤷‍♀️ I would fight the ticket not just becauce you are right on no signage but also to get the result above so my insurance doesn’t go up. 

[lovinmyboys]

13 minutes ago, TechWife said:

Between fines, court costs and increased auto insurance rates we figured out that it is much less expensive to pay an attorney to handle traffic tickets. They usually have a flat fee for speeding tickets.

I don’t know that the speed limit not being posted will really help you. In the state where I live there are, by law,  default speed limits for when there isn’t one posted. They are: 35 inside city limits; 55 outside city limits; and 70 on a highway. All drivers are expected to know them and follow them. Your state may have something similar. 

I don’t know that the state has anything similar, but by this, 55 would have been the speed limit there. I am really surprised it is only 45. And yes I was still going over 55, but it was at the bottom of a hill. I didn’t really mean to be going 60. 
 

Maybe I won’t fight it since I was still speeding.

 

[lovinmyboys]

19 minutes ago, hjffkj said:

No ignorance isn't a defence in traffic court.

But lack of proper signage can be. How far back is the previous speed limit sign. I wouldn't say that no sign for a mile is unreasonable. 

It probably isn’t unreasonable, but I had just turned onto that road about 1 mile before I was pulled over. So the officer acted liked I just wasn’t paying attention when I said I didn’t see a sign. When I went back to drive it to see if I missed one, there was no sign on my route. 

[TechWife]

5 minutes ago, lovinmyboys said:

I don’t know that the state has anything similar, but by this, 55 would have been the speed limit there. I am really surprised it is only 45. And yes I was still going over 55, but it was at the bottom of a hill. I didn’t really mean to be going 60. 
 

Maybe I won’t fight it since I was still speeding.

 

If you go to court, or have an attorney go for you, the charges will probably be reduced and have less of an impact on your auto insurance rates. I highly encourage you to go to court. 

[Starr]

Sometimes in court the policeman doesn't show and the case is dropped. Good luck. So frustrating!

[Kassia]

I would just pay it because I think it would be tough to fight. 

I got my first (and only) speeding ticket a few years ago in an area I wasn't familiar with but it turned out it was a very well-known speed trap.  It was dark and snowing outside and I don't know if there was a sign with the big decrease in speed or if it was covered in snow.

What bothered me even more than the ticket was the way the officer treated me.  He acted like I was a danger on the road.  I was in a very rural area with a high speed limit that drops way before you hit town but I didn't know that.  So I was going way over the speed limit when he pulled me over but there was nothing around and I was certainly not a danger to anyone.  He was a real ass.

 

[wintermom]

I have, and I won, but in your case I'm not sure if I would bother. Your defense seems really weak, to be honest. 

[Tree Frog]

About 13 years ago, I received a speeding ticket in rural upstate NY. I'd taken the wrong turn and pulled over onto the shoulder to check my map. Just as I was putting my map away, a LEO pulled up behind me with his lights on, and told me I'd been speeding. I probably had been before I stopped, but I'd also been sitting in the same spot for 5 min while I checked my map. NY had the option to fight it by mail and not having a court date. My ticket was reduced significantly, though at this point, I don't remember what it was. Do you have an option in your state to fight it via mail rather than court?

[AmandaVT]

I got a ticket years ago in RI, where they have an unwritten "good driving" rule. If you haven't had a ticket in 7+ years, you can get the first one forgiven. I went to court and got scolded by the judge for wasting his time, even thought it was the first ticket I had ever gotten and I was only going like 5 mph over. I got another ticket about 15 years ago and just paid it. Although the officer was not a jerk and lowered it to going less than 9 mph over the limit (I was pulled over right after the speed limit went from 50 to 25 and although I was slowing, I hadn't anticipated the speed drop and was still speeding).

[Katy]

I’ve gone and won. No signs mean the state law for default speed limit in that type of area should hold. If you’re out in the country that likely means 55 mph on a two lane highway. And if the officer doesn’t show you’ll automatically win. 

[Farrar]

I would probably just pay it. Agreeing with others that if you fight it, you need a lawyer. Everyone I know who has ever successfully fought a ticket has had a lawyer. Except in NC, where they make you go to court and if it's your first one, they usually downgrade it pretty much automatically. Or at least, that's what it was like years ago. It might be different now.

[Mrs Tiggywinkle]

1 minute ago, Katy said:

I’ve gone and won. No signs mean the state law for default speed limit in that type of area should hold. If you’re out in the country that likely means 55 mph on a two lane highway. And if the officer doesn’t show you’ll automatically win. 

I tried that and the judge just rescheduled for a time when the officer could be there. 
I lost anyway so it wasn’t even worth it lol.

[SKL]

I tried once, years ago, but the judge looked at my past record and ... let's just say it didn't help.  😛

That said, if the person's record is clean, it's probably worth trying.  Worst case it will cost about the same as if you didn't fight it.

Here, though, if you plead "not guilty," they make you schedule another court date.  Whereas if you plead "no contest" and then explain your facts, the judge can find you not guilty (or guilty) the same day.

Once I fought an expired tags ticket and won.  I was able to prove that there was a lot of delay in the state's mailing of the tags.  Even though I technically could have had my tags on before I got the ticket, I was found not guilty, no fine, no costs.

Another time I hit a mailbox.  I came to court and explained that my then-6yo had been poking my face with a palm leaf from Palm Sunday service.  Again I was found not guilty, no fine, no costs.

[sweet2ndchance]

I got a ticket for speeding, and I was speeding I just didn't know it because like you I was following traffic on a road I rarely drove. I fought and won. Since I had no other tickets on my record, it was wiped from my record as long as I didn't get anymore tickets for anything for 6 months. If I did get another ticket, I would have to pay the fines and get points for both tickets.

I paid an attorney to fight for me. It cost me around $300 (a little over 10 years ago). I didn't have to be there (since at the time I had 5 homeschooled kids in the house that was a life saver for me) and the attorney's fee was cheaper than the fine plus the increased insurance rates if I had just paid it. If you don't have any other tickets, I would pay an attorney to take care of it for you. So much easier and less stressful.

Traffic court isn't that bad. I've had to go a couple of times but only once for my own ticket. Typically, you go in on your assigned day and there are lawyers there to talk to if you want, for free. Every lawyer I talked to said that ignorance is not a defense and that they would fight from the angle of I've never had a violation before. Basically, I just picked one of the lawyers, signed an agreement to have him represent me and then I was able to go home. I never even saw the inside of the court room. Then the lawyer sent me a letter telling me the outcome of my case and an invoice for his services. I paid him and that was that.

Edited March 26, 2022 by sweet2ndchance

[Spryte]

I’m with Team Hire an Attorney on this. They will get it reduced, most likely, while you may or may not succeed in doing so on your own.

 

[J-rap]

It wouldn't occur to me to fight it.  It seems like "Sorry, but I didn't know" isn't a strong excuse.  On the other hand, based on what others have said, maybe it's worth a try?  

The one time I fought a ticket was when my car's engine suddenly died in a busy downtown, but I was able to glide to the side of the road -- which was a no-parking zone.  When I went inside an office building to borrow a phone and call a towing company (yes, this was before cell-phone days!), my car was ticketed for parking in a busy, no-parking zone.  

I met with a judge at the courthouse but it was just me and him in his very small office.  It was very simple.  I just explained the situation and he said okay and cancelled out the ticket.  Of course I had the appropriate paperwork showing the tow-truck date and costs, the car repair costs, etc.

If you decide to fight I'd make sure to look up typical speeds for roads like that in your city/state (so you could show that the speed limit on that particular road was not typical), and also be able to show how far away the closest mileage sign was, and if it was covered by brunches etc.  (Which you could show with photos.) 

[sassenach]

It would never occur to me to hire an attorney for a traffic ticket. Wouldn't that cost more than just paying it?

IDK, you can try. It's never worked for my family members. DH fought a carpool violation once because he was swerving around an accident. Didn't matter. But he's the ticket king. I've lost track of how many he's gotten.

[Soror]

Since there was no signage I'd fight it but I'd hire an attorney to do it. I didn't know that was a thing people do until getting married. Id thought that was silly before but if it keeps your car insurance down it is well worth it in the long run

[KungFuPanda]

In my area if you show up to court and the cop isn't there, they dismiss the charge.  So few people show up to fight it that they just take the gamble. It's not foolproof, since often the cop is there because they try to put all of the cases involving him on the same day, but often they are not and the judge will dismiss if you're clearly not a repeat offender.  Sometimes they'll agree to reschedule, so you may have to come back on another day when the cop is available.

[SounderChick]

I always fight tickets.  Not like I've gotten many like 3 in my life but basically just by showing up they will do pay, but 6 months and it's dropped from your record and don't report to insurance.

[itsheresomewhere]

6 hours ago, sassenach said:

It would never occur to me to hire an attorney for a traffic ticket. Wouldn't that cost more than just paying it?

IDK, you can try. It's never worked for my family members. DH fought a carpool violation once because he was swerving around an accident. Didn't matter. But he's the ticket king. I've lost track of how many he's gotten.

Depends on many things if it is worth hiring an attorney.  For us, the town DH got his ticket in was going to be after all these town add ons, fine and court costs was going to be about 1500.  The lawyer was 200.  And with court fees it cost us a total of 250 and the ticket was dismissed.  This was for a speeding ticket saying he was going 10 over the speed limit. That tiny town is apparently notorious for this and had special laws and fines just for it along with a mandatory court appearance for all tickets. Last time we ever took that route.  

Edited March 27, 2022 by itsheresomewhere

[Sneezyone]

Time of money. If you have plenty of time and no money, fight and show. You’ll give the officer a day off and possibly get a reduction in fine. If you have no time, pay.

[sweet2ndchance]

10 hours ago, sassenach said:

It would never occur to me to hire an attorney for a traffic ticket. Wouldn't that cost more than just paying it?

Like someone else said, most lawyers charge a flat fee based on the allegation on the ticket. For me, the fine plus the increase in insurance rates for getting a ticket was much more than the $300 the lawyer wanted to take my case. Plus, you have a better chance of winning most of the time with an attorney. They know what to say and how to say it to get the judge to agree with them usually. 

[Jean in Newcastle]

I have never had a speeding ticket that cost more than $150.  And I've never had my insurance go up as a result of one speeding ticket.  (I have had more than one but they are spread out over 30 years of driving.)  I don't know if that is unusual or not?  I will say though that admitting my offense politely to the officer has resulted in them just giving me a warning or reducing the ticket.  I have gotten sincere thanks from officers for not verbally abusing them.