Help with speeding ticket!

Discussion in 'Trucker Legal Advice' started by texasclassA, Aug 11, 2010.

  1. texasclassA

    texasclassA Bobtail Member

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    Ok, I got my first speeding ticket ever in my life last saturday. It was in my personal car and I was clocked at 76 in a 65. I was in the fast lane trying to merge to the slow lane to let cars around me and get out of their way and was coming down an overpass and the cop got me. I have an absolute clean record...no tickets/accidents anything. I hired a lawyer and am fighting the ticket but I am worried it will still get my record screwed and get points and higher insurance. I use my cdl daily at my job and desperately want to keep my record clean. Do I have a chance with the judge or whoever to keep my record clean? I will pay a fine do whatever as long as nothing shows up on my record. I already dropped 500 bucks to the lawyer and I they said it would either get dismissed or deferred but in TX I hear those are impossible to get with a cdl. Can I just plead to the judge and explain what happened and show him my clean record and he will just keep my record clear?
     
  2. rich_t

    rich_t Road Train Member

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    Let your lawyer do the talking. That's what you paid him for.
     
  3. texasclassA

    texasclassA Bobtail Member

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    When the officer asked me how fast I was going I said I thought my speedometer needle was at 65 or in the middle because when you try to pass or get out of another cars way you have to speed up a little and I hate having cars in my blind spot or being in their blind spot because it is dangerous. Also the speed signs were constantly changing from 70 to 65.
     
  4. HEAVY DUDE

    HEAVY DUDE Road Train Member

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    From what I read you were in the hammer lane passing so you could "get out of the way" Well this may not be what you want to hear but, you got what you deserved. You were speeding 11 mph and you think your clean record should give you a free pass?
     
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  5. Powder Joints

    Powder Joints Subjective Prognosticator

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    One speeding ticket is no bid deal. Let your lawyer do his job, it will cost a grand, and like magic it will turn into a seatbelt ticket. It the american way, follow the money.
     
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  6. rich_t

    rich_t Road Train Member

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    Yup.... Everyone hates lawyers.... Until they need one.
     
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  7. texasclassA

    texasclassA Bobtail Member

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    This was a 2 lane highway and traffic was heavy and I was being tailgated by a red dodge neon. I was trying to get into the slow lane to get away from the neon because they were literally 1 ft from my bumper it looked like in my rearview. Cars were passing me on the right side so finally I sped up to get over and let the neon go around. I guess its better to just stay in the one lane the whole trip for fear of getting a ticket? OK, I'll do that next time.
     
  8. rich_t

    rich_t Road Train Member

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    No... the best thing is to do is stay in that lane until it is safe to move over while going the speed limit. I never let a tailgater rush me into a speeding ticket.
     
  9. Injun

    Injun Road Train Member

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    This ticket will not go against your csa2010. It was in your POV and you were not doing anything work related. Unfortunately, you were the lead car regardless that the other guy was tailgating you. I wouldn't say stay in one lane the entire trip, but 11 over tends to get attention in this day of poor revenue returns to states and localities. If this sticks, your personal auto insurance might go up a little and you'll have to tell any prospective employers about it, but even then, with your record it shouldn't give you too much trouble. Now, if it was 15 or more above or in a CMV it would be a different story.

    Like the others have said, let the lawyer do his job. Only say what he tells you to. If you tell a judge some other car was tailgating, you will probably get a bored eye roll from the judge and a statement similar to what you've seen above. You will be told you could have slowed down to encourage the other guy to go around...or you didn't need to be passing on the left if traffic on the right was flowing that well...or that other guy was not driving your car, you were and therefore you had control over what your car was doing.

    I know a first ticket really bites, but when we either take chances or allow someone else to dictate our road behavior, eventually it will catch up. Maybe your lawyer can plead it down, but I don't see this disappearing. At least not for three years...although as a CDL holder, you will always have to list it under tickets on driving job applications. The records check they do isn't a simple license run. They have access to that parking ticket that was hung on your bicycle when your ten-year-old self was returning that library book. I wish I could be more positive.

    Heck, with this csa2010, i'd almost prefer a speeding ticket over a seat belt ticket. Try not to sweat it. Just pay it when the judgment comes down and make sure you tell your employer about it after the court case if you are currently in a driving position. Good luck.
     
  10. thelastamericanhippy

    thelastamericanhippy Road Train Member

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