How do I know if have an arguable case in court against an alleged traffic violation?
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How do I know if have an arguable case in court against an alleged traffic violation?
I was driving through a school zone that has 2 flashing lights about 1/8 of a mile apart. These lights obviously indicate that this particular stretch of road is to be treated as a 20 mph zone. If the lights are not flashing, it means the speed limit is 30. If they are flashing, it means the speed limit is 20. The first light was not flashing so I proceeded to go 28 mph then apparently the second light was flashing at the time I drove past but I did not notice as I already observe that the first light was not flashing telling me that the speed limit was 30 mph. I was ticketed and now I am trying to fight back
Asked on May 1, 2019 under General Practice, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
It will be your word vs. the officer's: you will claim the light was not flashing when you entered the zone, the officer will claim that the lights were both flashing when you driving through it (since if he did not believe that, he would not have tickedt you). The court wlll believe the officer--in my experience in handling traffic offenses in NJ, the court always believes the trained, sworn, and neutral (no personal stake in the outcome) law enforcement officer over a driver trying to get out of a ticket.
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