Ok lastnight I was on Rt. 141 in delaware. When I was merging onto 141 my car started to breakup a bit and buck somewhat. I was like WTF. I dropped it down to fourth and just goosed the throttle a bit to get the rpm's up. Anyway to make a long story short I decided to do this at the wrong time and a cop clocked me going from 55-82. Now the area I was in is a 50mph zone, there was no traffic at all, I told him why I had done that and had to explain what breaking up meant and that I was trying to see what was up. He was cool and gave me a 69 in a 50 Vs. the 82 dollar ticket which was $250 to the $103.50 he gave me. I have a perfect driving record, 0 points. In the state of Delaware you automatically get points when you are caught speeding. He even mentioned that he knew I had begun to slow down before even seeing him yet I was speeding which I won't deny. Now my question is, should I take it to court and tell the judge that I had given it gas because my car was studdering and I was trying to figure out what was going on, or do I eat the ticket and the points which could be as many as three. Everyone is telling me to fight it, its my fault for speeding but I was not purposely tearing down the road or racing or anything like that. Any tips ot help on how to approach this would be great. Sorry for the long post.

Shane

 

go to court and plead guilty and tell your story (a plain, easy to understand version). ask for only 1 point. the court should take it down from 3 to 1 for a first time offence.

 

If you have a clean record, plead guilty with an explanation. Most likely, you'll just have to pay a fine and be on probation for a year or less.

 

My experience is that no matter what the situation, if you're speeding it's against the law. I used to think that it was O.K. to exceed the speed limit when passing a slower driver. Nope! You certainly have a justifiable reason why you were speeding, but in the eyes of "Johnny Law" you wuz jus speedin' boy!

 

no contest or just pay for the ticket.

why is twinevo keep on saying probation? are you under 19 or something?

 

twinevo's got a point...it is possible to get away with no points, though i'm the type of person who tries not to get his hopes up, as that only leads to disappointment. i would assume 1 point minimum...though it really wouldn't hurt to ask the judge for none.

hope you get no points mate!

 

I was speeding, and know it wasn't the smartest thing, I am thinking because I was not speeding for a prolonged period of time, I was having and issue, I did downshift and gave it gas for a second in 4th gear, yes it goes from 50-80 very fast, no I did not keep it floored once I figured out what was going on. There were 0 people within a quarter mile of me so I was not endangering anyones life at the time. I may atleast be able to get it knocked down to a lesser offense. If I take it there, can the cop try to get me for the original offense od 82 in a 50 or will I face no more than what he wrote the ticket for which is 69 in a 50????

Shane

 

I am 27, clean record.

Shane

 

15 over is 2 points. It's really nothing to get upset about.

I would just plead no contest, pay the fine.

That explanation crap don't work with judges that much, unless he's got a tv show like in RI. lol

 

So what will pleading no contest do for me, What am I admitting to, is that different than just paying the ticket and being done with it. I have never been to court over a traffic violation before, so I am new to this.


Shane

 

No he must abide by and give witness to no more than what he wrote on the ticket. To contradict what he originally wrote you up for would a) compromise his testimony and b) be frowned on by most judges.

 

no contest is basically saying, you have no evidence to argue your case nor are you pleading guilty.

You could plead this once every 5 years in GA. You pay the fine, but it doesn't go on your record (points.)

I would save this one for something heavy tho.

 

are u 100% sure that it makes it so that thier are no points or record if you claim no contest....? i have never really herd of that do u do it when u go to court and they have you sit down and talk to the da guy? or do u have to claim it in a full blown judge case?


evoisdream

 

The explanation crap does work. Basically, you tell the best story you can and if you have a clean record, the Judge will be more inclined to believe you. Tell the judge, you are normally a law-abiding, tax paying citizen who made one mistake and won't do it again. It worked for me.

 

Always fight your traffic tickets. There is about a 30 - 40 % chance that the cop doesn't show up. Then you win. If he shows up, tell your story, be sincere, and ask for leniency, or better yet traffic school, if your state has a program that allows you to go to traffic school to avoid points on your license.

For more info about fighting traffic tickets, follow this link: www.motorists.org