Speeding Ticket

Hello,

I received a ticket for Reckless Driving (82mph in a 60mph), however I had my cruise control set on 65mph. I was told to get my odometer checked (which I will) and to get them to say that my odometer is off. Also, she (state trooper) didn't stop me on the highway, but after I was traveling down a main street. I had taken an exit, drove down and turned a few blocks before she came behind me. How does she know I was the vehicle which she was looking for? Also, I asked her to show me the speeding gun that said 82mph and she didn't. I know she couldn't have made out my plates because she had to be a ways from me. I drive a Pacifica which is very common. It was after 9:30 a.m. on a Monday. The highway had many cars on it.

I also wanted to know if it is legal for an officer to write you ticket with incorrect information ie. date of birth? Can you get the ticket dismissed or argue that if the officer couldn't write a d.o.b. correct how can they be sure that they clocked you at the supposed speed?

Please help me!

Thanks,

First of all, and I don't mean to be harsh, if you were going twenty miles over the speed limit you were driving recklessly. That doesn't mean you MEANT to, it means, simply that you WERE. Therefore, you are guilty. Speeding is a strict liability crime---it means no evil intent ( mens rea) is necessary to obtain a conviction. So, from a strictly legal standpoint, whether you meant to speed or not doesn't mean you aren't guilty. The way the law sees it, the owner/operator of a vehicle has a duty to make sure his vehicle is in repair and is working properly. While you can argue that the speedodometer didn't work and you shouldn't be given a ticket, the judge can legitimately say it was your responsibility to 1. make sure the various functions of the car were working properly, and 2. adjust your speed if it was not. So, depending on the judge, you may get out of the ticket if he feels sorry for you and believes your speedometer isn't working. But, there is an equal chance he will say that it is your responsibility to know what is wrong and have it fixed. It all depends on the judge, the day, the week, the weather.

Also, in speeding cases, you cannot get them dismissed on a technicality. The wrong date of birth isn't relevant to identifying you. Also, you can challenge her identification of your vehicle and suggest she had the wrong one, but again, I don't think that is going to fly. Police are trained to notice detail, a missing hubcap, a bent rim, a bumper sticker, an air freshener hanging in the window. The odds really aren't in your favor to attempt to argue that there was a car identical to yours that was on the same highway, pulled off at the same exit, turned down the same street, etc. Of course, you can argue that if you wish, but be advised the court hears these excuses DAILY.

If you want to argue that if she isn't intelligent enough to write your DOB, she isn't smart enough to know you were speeding, be prepared for her to argue that if you aren't intelligent enough to know the difference between 60 and 80 or you aren't smart enough to realize your speedometer is broken (when you are passing everyone) you SHOULD get a ticket. It would be a wash. Make sure thats a saber you want to rattle before you do so.

Fee freel to challenge her, but realize it is a long shot, even with "proof" the odometer is broken.