Can I get out of a speeding ticket written for 90 in a 60 and the actual speed limit is 65. Off on a technicality?

UPDATED: Sep 19, 2016

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Can I get out of a speeding ticket written for 90 in a 60 and the actual speed limit is 65. Off on a technicality?

Clocked at 90 MPh, ticket wrote for 90 in a 60. Actual
speed limit is 65.

Asked on September 19, 2016 under General Practice, Washington


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, you will not get off on a technicality--yes, the court will, on proof, amend the ticket so you are "only" 25mph, not 30mph, over the posted speed, but they will not dismiss the case.
However, if you have an otherwise clean driving record, there is an excellent chance that the prosecutor will agree to let you plead to a lesser violation (e.g. fewer miles over the speed limit, so fewer points and a smaller fine). Speak to the prosecutor the day of trial, first thing when you get there; be respectful and contrite; if there was a reason you thought you were going slower (e.g. fast moving traffic--you were keeping up with them, and didn't realize how fast it was), state that, but don't get defensive about it or try to "prove" you were right; offer to take a defensive driving class if the prosecutor wants. In my experience, if you do these things, there is a good  chance you will be offered a lesser plea.

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