How should I defend my speeding ticket on below scenario
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How should I defend my speeding ticket on below scenario
Hi,
I am driving for past 4 monthns. There are no violations before this. The officer
told that I was driving in 65 MPH in a 45 MPH area. I was always watchful on
speed signs but this time I didnt see any speed signs on the road when the
officer asked me to pull over. I went on the same route to verify if there are
any speed signs present but there was one speed sign which was actually hidden by
a branch of tree. I have snaps of the speed sign being hidden by branch of a
tree
Please advice on how to defend my speeding ticket
Asked on July 25, 2016 under General Practice, New Jersey
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Saying you could not or did not see the sign is not an actual legal defense to speeding, unfortunately: you are held to effectively have awareness of the speed limit in all cases. This may help you bargin for a lesser offense, however.
If you have a clean license otherwise, as you indicate, speak to the prosecutor on the day of trial. Tell him what you though the limit was and why; offer to show him the photo of the sign, but don't force that issue if he does not want to see it. Stress your clean driving record. He will likely offer you the chance to plead to a lesser offense, such as to fewer miles over the speed limit. If given this chance, take it. Note that if you can get your offense to only worth only 1 or 2 points at most, you can eliminate that if a defensive driving course, which can knock 2 points off your license--you can ask the prosecutor about such classes.
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