I got stopped a few weeks ago and got a ticket. I will not deny I was going faster than posted, as I thought the limit was 65 and it had changed on this stretch of the interstate to 55. However, I need to go in to present my proof of insurance. I had the expired card with me - again my fault but they will drop that if I present in person proof of current insurance, which I do have.
Last time I got a ticket I told people how I paid on the spot with a credit card and some were shocked that I didn’t try and fight it first…it seems some folks fight every one on the small chance it will be dropped or reduced.
Is it worth it? Or a waste of time? I need to go in person anyway, and can talk to a hearing officer at that time. I can miss a class or two to do this (so no losing money by taking off work) as I am a student and am doing well this semester.
I can’t answer the question, but I wanted to remind you that when I had the same thing happen with the insurance card, proof that I had current insurance (like, an up to date card) wasn’t enough. I needed proof that I had insurance at the time, which involved a letter from the insurance company. I think the prosecuter (?) I saw was just being a hardass, but the extra trip I had to make was a PITA, so I figured I’d save you the trouble just in case.
At least in my jurisdiction, if the officer fails to appear (happened to me at least once), it’s automatically thrown out. It is -always- in your best interest to show up.*
You may not even have to fight. If you plead guilty, and the cop tells the judge how polite and courteous you were (you were, weren’t you?), my experience says that the judge is likely to reduce it on his/her own.
Things may be different where you live, but that’s MHO.
*Unless you just really don’t care about the cost and want to pay it up front and forget about it, or you definitely can’t miss a morning off work or something.
I think the point is not so much the grounds on which to fight, but to fight because there is little, if any, downside to doing so, and some fairly good upside. I think typically if you go in, plead your case (which could simply be that you can barely afford the ticket), and show you’re a good driver and respectable citizen willing to take some sort of remedial course or something, you’ll get the penalty reduced in some way or another.
Personally, I think 65 in a 55 is nothing to get a ticket about (unless it was in a work zone) and I’d also be very tempted to go in and explain it and hope for some lenience.
To fight or not to fight? That’s a very personal decision. You have to weigh the inconvenience to which you’ll be put in going to court, by the possibility of acquittal, dismissal or a reduced sentence. Nobody here can answer that for you.
In my court, a speeding charge will be dismissed if the officer fails to appear at trial, but not at your arraignment (when your rights are explained and you enter a plea), which comes earlier. Officers aren’t required to appear at arraignments. Under Ohio law, you must show proof of insurance for the day of the ticket, as Br’er Lapin wrote, and not just for the day of your appearance in court.
If you’re willing to invest the time, it’s worth it. I’ve fought 90% of the tickets I’ve received and I’ve completely got out of 3 and had the fine reduced on 4 or 5 others.
IME, even if you are 100% guilty of the charge, it pays to go to court. Here’s why:
You go in front of the judge. You explain your side of the story (and it may not even get that far if the officer fails to appear, which sometimes happens, especially if you ask for an extension). You admit you were at fault, but explain why (“I’m very sorry, your honor; I just simply failed to recognize the signs that signaled the change of speed limits from 65 and I promise to pay closer attention in the future so it won’t happen again”).
If you add that you have been driving X number of years and have a spotless record, you may get a really sympathetic judge to just toss the whole thing out, or give you PBJ, Probation Before Judgment, which means it will be dismissed if your record stays clean for however the judge says (Six months or a year or something like that). Or you may get a slightly less lenient judge who will lower the cost of the ticket, lower or throw out any points on your license, and make you pay court costs.
The points on your license are the real concern, because if you amass enough of those, your insurance costs can jump considerably.
I’ve never seen anyone go to court and fight a ticket and come out worse than when they went in (not saying this couldn’t happen, but IME, it’s quite rare). At the very worst, you’re going to end up no worse than you are now, and in all probability, you’re going to come out ahead of the game.
I’d agree with this, but some people consider their time valuable enough that it’s just not worth the hassle, even if they might come out of the courtroom having paid less $$$, or none at all, than they would if they’d just waived hearing and sent in a check.
The last ticket I got (many years ago now, thank goodness) was also for speeding. Similar to you, I was in the wrong because I had not noticed a drop in posted speed. (Unlike you, the state recently ruled that the area that was posted was mismarked just so the counties could collect fines & its now gone).
Anyway, I freely admitted I was wrong. I went to court and did so. The judge asked me what I really wanted from her. I said I really just did not want the points, but would pay the fine. Done.
I probably could have just denied speeding except for 2 things - 1) I had been on my kids about the importance of admitting when you were wrong and 2) the officer did show up for the hearing. She was very nice and did tell the judge how I was polite, etc., etc. I guess $100 was a relatively small price to pay to make a point with the kids anyway.
Oh, absolutely. I mean, if it’s a $75.00 fine and no points, and it’s going to cost you $100.00 in gas and lost pay to go, then it’s not worth it. But if you can take personal time off work, and especially if there are points involved, then it’s probably worth going.