Re: OT / Speeding Ticket!

Posted by Hurryin_Hoosier on August 04, 2006 at 07:29:09 from (66.174.92.165):

In Reply to: Re: OT / Speeding Ticket! posted by AB on August 03, 2006 at 22:01:09:

AB - I'm with you.

As I read his posts, it would appear that JD might have been exceeding the speed limit. Just how fast is his real point of contention.

In all probability JD's best bet, as you outline, is to offer to plead to the lower mph, thereby lowering the points against his license and maybe the fine. If the points are a problem, most Indiana counties offer a deferral program that avoids a conviction against the driver's record.

As you also state, no Indiana city or town makes real money off of state statute traffic offenses. The court costs, the biggest part of the total amount, is determined by the state legislature, with the money earmarked for various entities in the system. Only the fine is left to the judge's discretion, and that usually runs from $0 - $50 on traffic offenses. Now, if the local officer writes you for a city or town ordinance, that's a different story. But those are the exception, not the rule.

If you decide to go to court, as is your right, take your wife as a witness. Keep in mind though, if either of you admit that your speed was or could have been over the posted limit, you might as well have just paid the ticket. In Indiana, infractions are judged by a perponderance of the evidence, not beyond a reasonable doubt like crimes are. In other words, who does the judge believe more and who's story makes the most sense. Believe it or not, I've seen judges rule against police officers on plenty of occasions.

As far as the crooked / incompetent cops, yes, they're out there. For the crooked farmers and equipment dealers, look no farther than the buyer/seller feedback forum on this website.

Good luck JD, no matter which way you decide to handle this.

Hurryin_Hoosier (a police officer for 21 years and visiting vehicle stops instructor to the Indiana LE Academy)

Replies:

• Re: OT / Speeding Ticket! AB 21:01:11 08/04/06 (1)
  • Re: OT / Speeding Ticket! Hurryin_Hoosier 22:23:31 08/04/06 (0)

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