Legal Question in Traffic Law in Missouri

speeding

i received a 50mph ticket in 30mph zone. i drive a painted junk art car which can not drive on highways because the steering column shakes so violenlty. a worthless 1981 sunbird. i was supposedly paced between 2 stop signs that are only 800 feet apart. it is impossible for my old car to travel 50mph, in that short of space, without running either stop sign. the officer was demeaning and arbitrarily gave me 20mph. i have not been ticketed in over ten years.

i want to know what (if any) defense i can bring to the judge. Should i bring the math, a mechanic, a lawyer?

thank you,

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Asked on 8/02/01, 1:14 am

1 Answer from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

Re: speeding

First, let me tell you that I have handled over one thousand traffic cases. Many times the person charged with the offense is sure that they are not guilty. From your post it certainly seems clear that you were not going as fast as the officer claims. Having said that, let me explain that you have the right to plead "not guilty" and request the case be set for trial. The officer will not be in court on your first court date, and you will need to make a second trip to court in order to have your trial. At trial, most speeding tickets come down to the officer's word against the defendant's word. Sometimes the officer also has the benefit of a radar gun readout. In most cases the judge will take the officer's word over the defendant's word, and find the defendant guilty. However,every great once in a while the defendant does win.The odds are that you will get a conviction if you elect to try this case yourself. In fact, the odds improve only slightly when you hire an attorney to try the case. If you try the case and lose, you will have the right to file an appeal and get a second trial in front of a different judge. Your odds do not significantly improve at the second trial. As you may already know, a conviction for this offense not only carries a fine and court costs, it will result in two points being assesed against your driving record by the Department of Revenue. Your insurance carrier will eventually find out about the conviction and the points and raise your premiums. Also, it will be harder and more expensive for you the next time around if you get the conviction and points. All of this leads me to suggest to you to hire an attorney who will advise you about your chances of winning the case as opposed to the benefits of making a "plea bargain" and avoiding the conviction and the points. Often the prosecuter will amend the charge to a non-moving violation which carries no points against your record in return for your plea, and payment of a fine and costs. I charge a flat rate $100.00 for these matters, and you would then have to pay the fine and court costs at a later date. Although some attorneys may charge less, there are often drawbacks to going with the cheapest attorney you can find, so be careful. If you are not already represented, you may call me for a free telephone consultation at 314-727-2822. Thank you.

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Answered on 8/03/01, 11:37 pm


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