Can and Should I Fight this Traffic Ticket

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Can and Should I Fight this Traffic Ticket

A year ago I got a traffic ticket and it got deffered for a year. In that time I got another ticket in the same spot for speeding as well. I am not required to show up in court to account for the first ticket and am considering fighting it. Is there a chance it would be dropped if I don’t fight it or would it be better to challenge it? What is the best method to find an error in the cops notes? I was definately speeding but the only cases I can think of that could possibly challenge it would be that the cops routinely camp out behind a highschool before and after school on a road where everybody speeds and the limit is too low. The school is also rich and white so I think there is definantly some racial profiling going on. Also, I was travelling 20 mph over the speed limit but only 0-5 over the flow of traffic. The biggest argument 3 is that I do not think the officer pulled me over legally. He walked into the road and used his body to force me to stop and pull over to the side. Was I legally obligated to stop if I see an officer in the road pointing to the side? They also pull a ton of students over at the same time so would asking for a different court date increase my chances of the officers not showing up?

Asked on October 13, 2016 under General Practice, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Nothing you have written is a defense to a speeding ticket:
1) It doesn't matter than "everyone speeds": the law is the law, and the speed limit the speed limit. The fact that many people violate the law does not make the law, or speed limit, not enforceable.
2) The limit is not "too low"--the limit is what the limit is. Your opinion or even popular opinion has no effect on the speed limit.
3) The police are allowed to "camp out" where many people speed: that's called good policing (going where the trouble or violations are).
4) It doesn't matter what most other cars were traveling at: speeding is how how fast you were going over the *limit*. There is no exception to the speed limit for keeping up with traffic.
5) It's not racial profling to pull over, ticket, arrest, etc. someone for an offense they actualy committed. Racial profiling is pulling over an innocent person due to their skin color or race.
6) An officer an pull you over any way he wants--he can stand in the road and gesture, and that is as legal as coming up behind you, lights flashing, in his cruiser.
7) If you show up for court and plead not guilty, they will almost *never* dismiss the case, but will instead adjourn the trial to another later date and give the officer notice to appear for that second date.


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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