# Can I request a refund from the town and state for a traffic violation? **URL:** \ **Category:** Factual Questions\ **Created:** [December 23, 2013, 9:31pm UTC](https://boards.straightdope.com/t/can-i-request-a-refund-from-the-town-and-state-for-a-traffic-violation/677041 "2013-12-23T21:31:43Z")\ **Posts on this page:** 7\ **Page:** 4
**Author:** ![lawbuff](https://avatars.discourse-cdn.com/v4/letter/l/13edae/32.png) [@lawbuff](https://boards.straightdope.com/u/lawbuff)\ **Post date:** [December 27, 2013, 3:37pm UTC](https://boards.straightdope.com/t/can-i-request-a-refund-from-the-town-and-state-for-a-traffic-violation/677041/61 "2013-12-27T15:37:43Z")
> [@kanicbird](#): > > Several years ago I was issues a traffic ticket for disobeying a traffic control device, which was plead down from exceeding the speed limit. > > My moral issue was I made ever effort that could be expected humanly possible to obey the posted limit. > > On the moral basis I would like to request a refund for the fine, as I was obeying as much as humanly possible. How can I go about doing this? The request, if one is made, will be denied or simply not addressed, unless a court paper is filed to Move for one, which has no basis in law. IF the Criminal Rules of Procedure apply to traffic matters, one can withdraw a guilty plea, with conditions, but the time is LONG past and the matter has been adjudicated. ---
**Author:** ![lawbuff](https://avatars.discourse-cdn.com/v4/letter/l/13edae/32.png) [@lawbuff](https://boards.straightdope.com/u/lawbuff)\ **Post date:** [December 27, 2013, 3:45pm UTC](https://boards.straightdope.com/t/can-i-request-a-refund-from-the-town-and-state-for-a-traffic-violation/677041/62 "2013-12-27T15:45:44Z")
> [@Lord\_Feldon](#): > > It’s not most states, but there are [several states](http://www.mit.edu/~jfc/laws.html) (not including Montana) where the posted speed limit is not always an absolute speed limit. > > (I suspect the number of successful defenses against a _prima facie_ speeding charge is very, very, very small, making it just a theoretical issue.) Ohio has similar common law. VILLAGE OF BELLVILLE, APPELLEE, v. KIEFFABER, APPELLANT. Cite as Bellville v. Kieffaber, 114 Ohio St.3d 124, 2007-Ohio-3763. Criminal law — Municipal ordinance — Traffic regulations — Citation for speeding that contains notice of both the prima facie offense and the basic facts supporting that charge includes all the necessary elements of the offense even if the citation does not also allege that the speed is unreasonable for existing condition —\*\* Driver may rebut or negate the prima facie case with evidence that the speed was neither excessive nor unreasonable.\*\* ---
**Author:** ![doreen](https://avatars.discourse-cdn.com/v4/letter/d/858c86/32.png) [@doreen](https://boards.straightdope.com/u/doreen)\ **Post date:** [December 27, 2013, 3:52pm UTC](https://boards.straightdope.com/t/can-i-request-a-refund-from-the-town-and-state-for-a-traffic-violation/677041/63 "2013-12-27T15:52:18Z")
> [@pkbites](#): > > I’m always perplexed as to why people plead guilty to traffic violations. They think by “pleading them down” they’re saving a tremendous amount in fine money but that’s not always the case. Also, any violation on your record is going to be noticed by your insurance company. “Disobeying a traffic sign” is no less serious than Speeding to an auto insurance carrier. Except for things like DWI & reckless driving, a violation is a violation. > > By burning half a vacation day from work and demanding a trial you’re making the system earn it’s money. Theres even a chance the officer doesn’t show up or says something stupid on the stand and the case get’s kicked. At least go down fighting! > > \*This is not legal advice, I am not an attorney. Couple of reasons- first of all, there’s the issue of points. Speeding 5 mph over the limit gets me fewer points than speeding 20 mph over. Sometimes the plea involves no points- I know a few people who pled speeding tickets down to “parking on pavement” which does \*not \*appear on your driving record. My insurance company absolutely cares about points ans a 2 point violation will be treated differently than an 8 point one. Second , demanding a trial may involve burning more than half a day from work. My husband got a speeding ticket once. He didn’t get offered a plea to a lower charge by mail ( some courts do that) so he had to go to traffic court, which took a whole day off from work. If he had wanted a trial, the case would have been adjourned to another date, necessitating a second day off from work. If the officer was unavailable on that date ( sick, on vacation, testifying in another court), it would have been adjourned to a third date. Sometimes (depending on salary and the violation involved) , taking even two days off ends up costing more than than the fine and insurance increase would be. Ans i just noticed- you said speeding is a 3 point violation in your area. Depends on where you are- in my area speeding can be anywhere from 3- 11 points depending on the speed. And I’ve never heard of anyone actually getting a ticket for going 1-10 mph over, the 2 point ticket. Either the officer cut them a break and wrote it for 10 moh over instead of 20 or they pled it down. ---
**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\ **Post date:** [December 27, 2013, 4:25pm UTC](https://boards.straightdope.com/t/can-i-request-a-refund-from-the-town-and-state-for-a-traffic-violation/677041/64 "2013-12-27T16:25:10Z")
> [@pkbites](#): > > YMMV depending on the state, but not really. Around here “defective equipment” is one of the most common plead downs. It’s a 2 point violation. Speeding is a 3. Around here, speeding less than 10mph over the limit is zero points, and magistrate courts are forbidden by law from forwarding the court file to the DMV for processing. If you show up to contest a ticket, so long as you are not or were not a flaming asshole to the officer, your 89 in a 70 will become a 79 in a 70. ---
**Author:** ![panache45](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/panache45/32/64_2.png) [@panache45](https://boards.straightdope.com/u/panache45)\ **Post date:** [December 28, 2013, 12:34am UTC](https://boards.straightdope.com/t/can-i-request-a-refund-from-the-town-and-state-for-a-traffic-violation/677041/65 "2013-12-28T00:34:44Z")
> [@pkbites](#): > > This is one of the most ridiculous things I’ve ever read on these boards. What makes it even more absurd is that all this happened a long time ago and isn’t even a current issue of your life. This is just a rather strange thread. I guess you weren’t around for the pan-fried semen and feeding semen to fish threads. But I have to agree, this one’s a contender. ---
**Author:** ![Lasciel](https://avatars.discourse-cdn.com/v4/letter/l/e79b87/32.png) [@Lasciel](https://boards.straightdope.com/u/Lasciel)\ **Post date:** [December 28, 2013, 12:44am UTC](https://boards.straightdope.com/t/can-i-request-a-refund-from-the-town-and-state-for-a-traffic-violation/677041/66 "2013-12-28T00:44:36Z")
> [@panache45](#): > > I guess you weren’t around for the pan-fried semen and feeding semen to fish threads. But I have to agree, this one’s a contender. Wait, those were **Kanic’s** threads? I always miss the good ones when they’re live. ---
**Author:** ![buddha\_david](https://avatars.discourse-cdn.com/v4/letter/b/ee7513/32.png) [@buddha\_david](https://boards.straightdope.com/u/buddha_david)\ **Post date:** [December 28, 2013, 2:46am UTC](https://boards.straightdope.com/t/can-i-request-a-refund-from-the-town-and-state-for-a-traffic-violation/677041/67 "2013-12-28T02:46:47Z")
> [@doreen](#): > > Speeding 5 mph over the limit gets me fewer points than speeding 20 mph over. Sometimes the plea involves no points- I know a few people who pled speeding tickets down to “parking on pavement” which does \*not \*appear on your driving record. Last time I drove from Vegas to Reno I got pulled over while doing 110 in a 75 zone. The cop wrote up the ticket as “Wasting a Natural Resource”, which was something like a $20 fine and no points. > [@panache45](#): > > I guess you weren’t around for the pan-fried semen and feeding semen to fish threads. But I have to agree, this one’s a contender. “Pan Fried Semen”? Sheeya, right. I know about the goat thing, but seriously, nobody in their right mind would…[oh. my. god.](http://boards.straightdope.com/sdmb/showthread.php?t=198659) [Previous page](https://boards.straightdope.com/t/can-i-request-a-refund-from-the-town-and-state-for-a-traffic-violation/677041.md?page=3)