MEANT to start my post with IF I were to contest it - meaning I wouldn't - but IF I were...
I would make the case that if the cop, a trained expert driver, considered speed X appropriate for the road conditions...
Then why on earth would he be justfified in giving me a ticket for driving too fast when I was driving slower than him???
If he agrees that HE was driving appropriately, albeit faster than me, then I'd say I made my point.
It's not putting the cop on trial at all.
(by the way - these things, at least in MA, go in front of a clerk magistrate who gives you a lot more leniency in your argument than a judge in a court would.)
The cop was the one who WROTE the ticket. It's his OPINION that I was driving too fast. And that is what the ticket is based on.
But he didn't clock me - he didn't even SEE me.
It's his OPINION based on HIS judgement of road conditions.
And if he admitted that he himself was driving faster than I was, using his judgement of road conditions, then clearly he's mistaken with this ticket.
Remeber this isn't about driving over a posted speed limit - it's about not slowing down "enough" - what's "enough" - it becomes subjective, which means you can argue it.
The road conditions were the same for both of us.
Perhaps he considers himself a more highly skilled driver, but he has no history of my driving training. He can't arbitrarily say he's a better driver. He'd be making an assumption - and it's not right to make me pay a fine based on a police officer's assumption.
And finally - I also said IF I could prove how long it took him to get to the site - IF he left from the station - or IF I could find out where he came from.
IF I wanted to fight it - that is what I'd TRY to do.
GAURANTEE they'd at least cut the ticket in half for your effort if it really matters to you.
This post was edited by JRSutton at 13:10:58 01/23/13 2 times.
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