Should I Contest a Speeding Ticket If I Believe I Was Not Speeding?

Updated on September 06, 2011
M.A. asks from Lenexa, KS
8 answers

Hi,
It's been a week since I got my first ticket ever, and I am still upset about it because it was very odd and I was not speeding.
I was coming from the store because one of my daughters and I were having a headache (seemed like we were coming with the flu or something), I was in the stop light at 75th and Pflumm until I got light and turned right on Pflumm to go home. I used Pflumm for less than a minute since I turned back in 78th where I live.
When I was getting into my driveway and about to unbelt my kids, I saw a policeman in a motorcycle behind my car, I thought that there was something wrong with the car like a light not working or a flat tire? Nope! He said that the radar got 41 in a 30 miles section in Pflumm. He asked for my driver license, my insurance, he checked my records (I am almost 40 and never ever had been stopped before) That should have told him that he was accusing the wrong person....but he insisted, where you using your seat belt? Are your kids wearing their seat belts? (I showed him) even my 8 years old still uses a booster seat! He was going to give me a warning when he was reading the license plate and changed his mind and told me that people complained so he has to write that ticket and my license plate was partially covered by my bicycle rack......so he should give me a ticket for that too so instead he gave me a warning on the bicycle rack and a ticket for speeding.
My bicycle rack was there since we bought the car about 8 years ago, he wrote the plate without any trouble (you could easily read all the letters and numbers) I took my driver exam with that car and my husband too and nobody ever told us that there was any problem with the way the bicycle rack was.
On the other hand, I was using my husband car because that morning I had volunteer to drive children from my little one's school on a field trip and I can't fit more than a child in the car that I normally drive.
So first, I think that you don't really have time to speed between 75 and 78th, it is true that you have a steep downhill and then up before turning on 78th so if the radar got a measurement over the speed limit, it might have been while adjusting the speed between the downhill and the uphill for about a second and I still think that it can't be 41 since I was coming slower than usual because of my headache.
Second, I was driving my husband's car so I feel it is very unfair that I end up receiving that warning and actually the ticket because of a bike rack that was on his car. And third, having an impeccable record (even if he thought I was speeding) doesn't deserve a ticket right away just because people complained, I am the first one to complain if cars go too fast in the area, we all do as neighbors, so isn't it ridiculous that he is targeting neighbors instead of real speeders? People that is going 41 and more from Shawnee Mission Parkway to 87th or about? And not neighbors that care about each others and are not speeding? In my opinion someone is speeding if they go over the speed limit for a period of time, not if they get caught for a second while adjusting the speed. And he followed me home so he knew that I was a careful driver, I even put my turning signal for getting in my garage (I am used to!)
Many people told me that there is no use to contest any ticket because they always get it their way, but I feel that it is so unfair if I don't do it that I am asking for advice here to see what do you all think I should do? Anybody else in a similar situation? Thanks!
M. Abadie
www.MyKidsFirst.com

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J.W.

answers from Kansas City on

You have every right to contest a speeding ticket. If the officer doesn't show up, the judge may dismiss it. My husband went to court to contest a speeding ticket he got earlier this year, not because he wasn't speeding, but because he didn't think that he was going as fast as the officer said. The judge ended up lowering my husband's ticket a little and making it a non-moving violation, which wasn't going to hurt his driving record as much as a moving violation. Good Luck and let us know how it goes. It doesn't hurt to go to court and try especially when this has never happened to you before.

1 mom found this helpful
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S.D.

answers from Kansas City on

Hey Girl,

You can go to court and ask to see the video (which they are all supposed to have on) and view when he supposedly "caught" you going over the speed limit. That would show whether you were going downhill and in the process of shifting.
I have a name of a really good attorney that my sister's husband has used several times for his employee's traffic tickets. It might be worth just talking to an attorney to get their opinion of how you should proceed. Everyone is at least entitled to their day in court....and if the officer doesn't show up for your scheduled date (which does happen) then they will dismiss the case.
I do believe that you CAN "fight" a traffic violation, you are always presumed innocent until proven guilty! Doesn't mean you'll win, but it's always worth a shot, especially in your case.
Good luck and email me if you need the name of the attorney.
S.

1 mom found this helpful
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P.M.

answers from Kansas City on

You don't need to have a lawyer to contest a ticket.....
My neighbor unfortunately freq. gets stopped (he got two in one week and got them BOTH reduced to non-moving violations)

Now from what I know when a ticket gets reduced/changed it usually ends up costing more ---in terms of the fine/court costs...but the no points/no ins. increase might make up for it.

That said...YOu mentioned the officier said they had complaints so he had to write a ticket - and that you were driving your Dh's car---Do you think your dh may have been observed speeding at some time? (Maybe the 'car' has been flagged for speeding)

I don't think going down hill or shifting will allow you to get out of a ticket....

You can also ask when the last time was that the radar was callibrated. Sometimes you can argue that it may have read you inaccurately.

I also know that in some states if the officier doesn't show you the actual radar they can't make it stick --- b/c it is just their word....Don't know about that in KS.

It seems odd to me that he didn't pull you over right away if indeed you were speeding.

You may also want to have the car's speedometer checked. It could be off and you might be inadvertently speedinh (I don't think that will get you out of a ticket this time but might prevent future ones.)

Oh did he write you at more than 10 over or less than 10 over? According to what you said he recorded you at 11 over...I am betting he might have tough time keeping that to stick (b/c of the callibration issue) So you probably stand a good chance of a lowered fine in any case.

Good luck and let us know what happens

1 mom found this helpful
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C.W.

answers from Wichita on

I would call city hall to see what you need to do.I believe the officer has to have proof such as the radar reading to show if you were actually speeding.If you believe you were not then there is no harm in tring but definately I think city hall would tell you whats needed to argue your case and what he would need to argue his.Good luck hopefully he has no proof:)

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L.S.

answers from Kansas City on

Yes! last month I was also stopped by a Shawnee officer. He said I was going 41 in a 25. There is no possible way I was going that fast. I also am in my 40's and have never received a ticket! I was driving my son to school and there was a huge trailer parked blocking the street that I had to drive around and could not have possibly been going that fast. This was also a motorcycle cop that was at a stop sign at the end of the road, facing the same direction as my car. When I went around him, he pulled me over and said I came up behind him going 41. When I asked to see the radar, he said he didn't lock it in. How convenient. Was the officer Walsh by chance?

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J.M.

answers from Kansas City on

You could try to fight it, but most likely you wouldn't win. Even if you were just speeding for a "second".
You say the officer was behind you when you got out of the car. Had he been following you with his lights on and you just didn't notice?
Someone suggested that the officer hadn't callibrate his radar. They don't callibrate it, just test it. And with the video, I don't think motorcycles have videos, but they all wear microphones I believe.
I would suggest you either have it ammended (you don't need a lawyer for that), or just pay it and move on. No one likes to get a ticket, but you can't let it get you down. Good luck!

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C.H.

answers from Kansas City on

Yes, it true you cannot fight the law. Either pay the ticket or get a lawyer to get it reduces so it will not cost you points, but that will cost you. Regardless of how fast or slow you were going it is your word against his and he will win in court, the Judge will not care what kind of headache you may have had that day, or even about your bike rake. My suggestion is to just accept it and move on with your life and do continue to let this man steal your joy any longer.

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L.Y.

answers from Wichita on

How crazy. The same exact thing happened to me. I was fined fopr driving 41 in a 30. I had just stopped at a stopsign and turned a corner. I had only driven about 50 yards when I was pulled over. I drive a 4 cylinder Saturn. There is no way my car could havebeen going that fast. You better believe I'm fighting it!

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