How do I know if have an arguable case in court against an alleged traffic violation?

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.

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 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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