You are hereGary's Answers / General / I received a speeding ticket which I believe is wrong. Do I need a lawyer to plea my case?
I received a speeding ticket which I believe is wrong. Do I need a lawyer to plea my case?
Full Question:Pulled over by local police(Florida)who says I was doing 73 in a 55 when in fact I was only doing 45 as my husband was directly behind me towing the 5th wheel. He was following me to our next destination 80 miles away and I was hanging back waiting for him. Police would not let me look at the radar. He was also out of his vehicle walking toward a car he already had pulled over when I crested the hill and he motioned me to pull off. Would like to fight it but don't know how since we are headed back north in a couple of weeks and the next date for court is May 5th. Should I pay the fine (185.50)and have points or fight because I "know" I was not doing the speed he said I was. Also printed off my driving record of 10 years which is "perfect" to take to court with me. What should I do? I was told I could make a plea of absentia. Do I need a lawyer to plea my case?
This is going to boil down to what is important to you from your perspective. If you honestly do not care about this ticket and points going on your record then I would honestly go ahead and pay it. I am not sure what your income is like so $185.00 to you maybe different from my perspective.
However, if you feel like you do have the time, energy, and your intuition tells you, you can win this then you should fight for it then.
I honestly believe you are telling the truth and going the legal limit during that time. There are cops out there that will make up stuff. I sometimes wonder where the money from the ticket payer's go to.
To answer the question if you need a lawyer to plea this case. I do not think so. It would be in a small claims court. I had an uncle where a cop pulled him over and gave him a ticket, but it was not a speeding ticket. The cop gave him some BS excuse. He decided to fight back and he ended up winning.
If you for sure want to fight it. I would consult with couple of lawyers first. Just make sure their consultation is free.
I hate when lawyers ask money before they will help you with anything.
If you want my opinion on what I would do, this is it:
I would see if that ticket will raise my car insurance payments, how many points go on the record. If it did raise insurance payments and a lot of points go on the record and I did not live that far from Florida, then I would choose to fight it. Then I would consult with a lawyer to get some opinion to see if I would have any chance of winning the case. I would go from there.
Hope that Helps,
Gary
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If I were doing the 73 mph, I'd put my hands up and say you caught me... end of story, but it's an issue of integrity...I was not speeding. I am going to fight for that. If I loose, then at least I can say I tried. I'm not going to roll over on this one. Guess my next step is to find a lawyer that I can get some answers without costing an arm and a leg... know where I can look for one here in Florida.. Hardee County actually. Thanks.
Here's a couple of links I found...not sure how helpful they are, but you might be able to find some basic, general info from them!
http://www.tampadefenseattorney.com/PracticeAreas/Traffic-Offenses.asp
http://www.theticketclinic.com/ticket-more.html
Don't worry wilmar.
I would do the same thing if I were you. I have a perfect driving record as well (knock on wood). I will always fight to protect that if I know I was doing no wrong. Believe me, I am still young, 21, and I will eventually have to fight for it some day.
Just make sure to get yourself a decent attorney. I would get an attorney with a record of driving cases. The attorney should also help you get money for your time and troubles since it sounds like you'll have to travel a good distance to get to court.
I am honestly not sure where you will find one around that area. You should definitely look in a phone a book. If you know people in that area, definitely take advantage of it.
I agree with Gary on this one in that the issue is purely economical. If going to court and potentially over turning this ticket is worth the price in terms of time spent fighting it and the costs of travel, lawyer fees, and whatever other costs that might exist, then you should go for it. If not, then don't. It is simply not worth the cost.
Good luck!
Jesse