Remember that it is NOT the speed where the officer stops you that counts ... it is where the officer says they saw you speeding. If you can prove that it was not a 40 zone then that means the charge is incorrect and you will win.behzadip wrote: ↑Jun 1st, 2018 3:24 pmShrekTek has already sent me a response for my case but I have a few more questions regarding my case. Summary of my case is that officer pulled me over for going 61 in a 40 zone. He was in a parking lot with a radar gun. He then reduced the fine in spot to going 50 in a 40 zone. Also charged me for fail to surrender insurance card as I had the expired card in my card even though it was removed.
Based on officer disclosure and some evidence taken from google maps I can prove that I was not in a 40 zone as the school zone had not started where he has me on his radar. I just requested to receive radar gun calibration record, not sure if they will send me this information though.
- if they want to change the charge to going 60 in a 50 zone instead of what was on the ticket (50 in 40), they have to let me know before the trial or can they change it in the middle of it?
- is there any chance of dropping a fail to surrender insurance card in trial?
- is there any possible good outcome that you might imagine for this case or should I try for a plea deal before trial start?
They can let you know before the trial starts that they will be seeking an amendment to the original speed of 61 in a 40. They can NOT amend it from a 40 zone to a 50 zone.
The prosecutor may offer to drop the fail to produce insurance card IF you plead guilty to the speeding ticket. If you want to take the speeding ticket to trial then they will not drop the fail to produce ticket and you will definitely not beat that one.
If you fight the speeding ticket, there is a possibility you could win if you have experience fighting tickets. However with no experience there is a good chance that you will lose and then you will charged at the higher speed of 61 in a 40 and you will also be charged with the fail to produce.
If you are offered deal to drop fail to produce for a guilty plea of 50 in 40 I would take the deal.
I am not a lawyer and I am not a paralegal and I do not give legal advice.
All statements made are my opinion only.