If I was pulled over for speeding, following too closely and reckless driving, what’s the best action to take to lessen the consequences?

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If I was pulled over for speeding, following too closely and reckless driving, what’s the best action to take to lessen the consequences?

The cop says I was going 110 in a 70, I don’t think I was. He also wrote I was 1.2 car lengths away, and the reckless driving was for the speed and the amount of cars on the road as well as “looked like I was racing” another car. I’m already planning to take defensive driving classes.

Asked on February 15, 2016 under General Practice, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Hire an experienced traffic attorney--the will help you more than anything you can do on your own. Experienced counsel will know best how to present your case, what other infractions you would be willing to plead to, etc.
As a general matter, while you will follow your attorney's advice, in most cases like this, request discovery from the state--i.e. the information about the functioning and testing of the device (the radar/laser gun or car speedometer) used to clock your speed, and the training of the officer in using the device, if applicable. If the state can't substantiate the accuracy of the measurements, you may be able to challenge the speeding violation. That, however, is rare--usually the statel has all its ducks lined up in a row. If it does, fighting will almost never work--the judge will believe a sworn law enforcement officer, who has no personal stake in the outcome, over a driver who has every incentive to lie or at least "remember" the facts in the best light for him/herself.
In most cases, therefore, you are better off trying to plead to a lesser charge, especially if you currently have a clean record (they take your driving history into account). Speak to the prosecutor the day of the trial, before the trial. Be respectful; show contrition; offer to take the defensive driving course; explain why you thought you were driving safely, but don't do so defensively or belligerantly. See what you are offered as a plea. Again, though, if at all possible, get an attorney and follow his/her advice. Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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