If a speeding ticket lists a speed 2 mph higher than that registered on the speed gun, does that invalidate the ticket?

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If a speeding ticket lists a speed 2 mph higher than that registered on the speed gun, does that invalidate the ticket?

I received a speeding citation. After the officer gave me the citation I asked if he locked my speed in to the speed gun, he said yes. The officer allowed me to see the speed displayed on the device mounted on his dashboard. The displayed speed is not the speed he wrote on the citation as my speed. He added 2mph. I didn’t argue with the officer but accepted the citation. I have a court date in 2 months. Is this citation valid?

Asked on July 11, 2015 under General Practice, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, this would not invalidate the ticket: a court will not throw out the citation for a minor, easily corrected error. What a court would do is conform the citation to the speed on the speed gun if this comes up at trial--i.e. they'd knock 2 mph off your citation, which may or may not make a difference (it depends what your speed was and whether that pulls it into a lower category of speeding).


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