Need Advice on Fighting an Unjust Speeding Ticket

Speedtraps.org ^ | 29 December 2009 | 1st Sgt. J.C. Melvin

[Molon Labbie]

I would not rely on the judge throwing a ticket out because of the license plate being wrong. One of the first questions the prosecutor will ask the officer is “Do you recognize the defendant?” And on such and such date did you have occasion to make contact with the defendant? Please describe the contact for the court.” “And officer could you describe the vehicle the defendant was driving?” All the officer has to do is read the description off his copy of the summons. You also may run up against an agency that video tapes every traffic stop and that video becomes evidence.

If the officer has testified in front of this judge a few times, he has already established his credibility and judgement. Minor clerical errors are not a good bet. I would do the driving school or a traffic lawyer. Traffic lawyer wins for everyone. Your daughter saves points, the lawyer gets paid, and the municipality gets paid.

Someone mentioned not signing the summons and making the officer arrest you. Even if you beat the ticket it will cost you several more times that for the other details. You will be handcuffed and booked, placed in a cell with other people who always smell like azz and feet, your vehicle will be inventoried incident to arrest, towed at your expense and you will probably have to post bond. Signing a summons is not admitting guilt, it’s acknowledgement of receipt of the summons and your promise to take care of it through various means like those above.

Personally, I have never arrested anyone for refusal to sign. I just write “refused” and advise the driver, per the orders of the judge, they or their legal designee must appear in court to answer the summons. With the new summons that are issued via printers in the cars, at least in our area, the summons is just handed to the driver and the driver is asked if they have any questions. No conflicts about signing it.

[Vigilanteman]

The cop was in an unmarked car which I doubt that the truck even saw. It is standard operating procedure for semi-trucks to slow down on a steep downgrade because they are pulling a load which is very difficult to slow or stop under such circumstances.

[Sacajaweau]

Most steep down grades are posted as such....and are also a no passing zone....

[Drango]

Stop with the nonsense. She was speeding.

You may beat the ticket on a technicality, but she was speeding. You admitted it. The everyone else was doing it isn’t a defense, it’s an excuse.

[Vigilanteman]

Passing lanes on interstate highways are installed for exactly that purpose.

The Virginia law cited on the summons is 40.1-46.2-076, which relates to LABOR law.

And, looking closer, I see the citation is from the Bland County Sheriff's Office, who I seriously wonder is even authorized to set up speed traps on U.S. Interstate Highways!