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First, where was this? In Ca? Perhaps your home state, like California has a drivers school you can take that will not only get rid of the points, but expunge the ticket altogether. The info on your ticket or any sheet the cop gave you with the ticket should tell you. If no info was provided by the officer, call the clerk of the court on which the ticket is drawn (That MUST be on the ticket) and ask if your municipality has such a program. In Cal, if you have a decent driving record, you can even take the school on-line. Check that out first.
Second. Don't rule out fighting the ticket. If he got you with radar, you have several things in your favor.
1) It is a policy in most jurisdictions that the officer must be CERTIFIED to use the Radar gun and his cert. must be up to date.
2)The gun itself MUST BE CALIBRATED and most attorneys can argue that it should be calibrated after every single usage. The ONLY way to calibrate a radar gun properly is with a tuning fork (Yes, a regular tuning fork) that is itself calibrated and certified.
3)The Officer is supposed to have the tuning fork WITH HIM IN HIS CAR and if he doesn't, you can argue that the gun was out of calibration.
Third. Every single mile of road in this country has at some point had an engineering survey done. This is a public record that you are entitled to see during discovery. It determines the capabilities of the roadway such as traffic capacity and speed limitations. If, for instance, you were clocked at 45 in a 35 and the most recent survey said the road was rated for 50, it is a valid argument that the speed limit for that stretch is inappropriate. This info can relate to intentional speed traps set up by local constabularies or townships.
Fourth. You said "So were the 30 other cars going the same speed". You can argue mistaken identity. A radar gun is not selective, but only registers the fastest thing in the pack.
If he got you by Laser, they are more accurate because, obviously the laser is almost a pinpoint and the cops are trained to aim them at something flat, mostly the front license plate. Still in this case you can argue the survey point or mistaken identity. (He was shooting the brown Camaro but pulled over the brown Trans Am. You get the idea) Also, Laser guns are meant to be used while MOUNTED on a hard or secure surface NOT hand-held. Even the slightest movement of the unit can register a false reading such as the officer taking a breath if he is holding it and the beam going from your license plate to your windshield. Up to and more than ten percent of a difference. Ten percent at 65 is the difference between being ignored and being pulled over.
I recommend you contact a Lawyer and at least ask a few questions. Most will give you some advice over the phone and you can get an idea of whether or not you might have a defense.
I got pulled over back in '99 in Ohio on I-70 almost to the WV line. I called a local Attorney about it and he said "What court?" I told him and he said to me basically "Pay the fine. I have argued over 200 speeding tickets in front of that judge over the years and he dismissed 2 of them. He and the local cops have a racket, it isn't right but you wont win unless you can PROVE he pulled over the wrong truck. It is a known speed trap. Pay the fine and bite the bullet"
The point here is that you have to do a little investigation on your part before you give up and pay the fine. If you think of it as money per hour, figure what you make in salary vs. what the fine will cost and the insurance rise, it can work out for the better to do your best to fight it. People beat speeding tickets all the time.
There are several excellent books out there about this subject, many by ex-cops on how to beat speeding tickets. I encourage you to look into them.
I drive for a living, having now racked up more than 1,600,000 miles accident free as a commercial tractor trailer driver. The last tickets i got were in California, 10 days apart, in November of '03, doing 65 in a 55 and was able to do traffic school for both of them (One on line, the other attended) and what shows up now is only one ticket but no points. Prior to that was the Ohio incident.
BTW, I DON'T advocate flaunting speed limits, speeding, reckless or careless driving. I just think we have a really stupid attitude towards driving at high speed in this country (It is looked upon as something only "Hotrodders" want to do) not to mention that most Americans receive or are given scant little training on how to operate a motor vehicle properly much less how to drive at high speed safely.
We play a stupid game in this country regarding speed limits but you have to play it. Don't let the state or county just take your money without at least a little fight!
One final note. All drivers should be aware of two basic speed rules.
1) The 10 % rule
The ten percent rule is the idea that MOST cops will give you ten percent of the speed limit. That is to say, in a 65 zone you can almost always get away with 71.5 MPH (Ten percent of 65 = 6.5 MPH Bearing in mind of course, that ten percent of 25 MPH is 27.5 MPH. Not much of a difference. There is a reasonable upper limit to this rule however because in states that have 75 MPH limits on some stretches (The Oklahoma TPKE, for instance) 82 and a half is kinda pushing your luck!!
2) The 75th percentile rule (Or the 80th percentile)
This rule regards safety. The SAFEST speed to travel on ANY given stretch of roadway regardless of the speed limit is that speed which 75 percent of the vehicles are traveling. If you are on the freeway and the speed limit is 65 but 75 % of the cars are doing 80, then 80 is the safest speed. The inverse is also true. If 75 % of the cars are doing 45 on that same stretch of highway then 45 is the safest speed.
You must use your best judgment to put those two rules together and if you do, you will rarely if ever get a ticket.
Sorry about the length of this, but i feel for ya! Getting a ticket truly ruins your day and it sucks. I know it. If i get too many it means my career and as a CDL holder, i am held to a higher standard than the average automobile driver so i have pretty strong opinions on the subject.
Good luck!
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