question about speeding ticket

[Rookie]

No, I didn't get one...

My daughter did. She got nailed for 60 in a 40. Here's my question, how accurate does the ticket have to be? The officer wrote 60 in a 45, but there is no posted speed limit of 45, it's either 35,40, or 50. I told her to pay it and slow down, but I'm curious.

BTW, I'm a little proud of my daughter. When asked why she was pulled over, she replied she had no idea.

 

[88GT]

IANALEO, but I wouldn't think it would matter as far as the violation goes. Speeding is speeding. But it might make a difference on whether or not she could get the deferment if desired.

 

[mbills2223]

I'm curious as well about what you're getting at, but I wouldn't push my luck when the officer seems to have been cutting her a bit of a break.

 

[Rookie]

Oh, she's paying it...

 

[Dead Duck]

Can't you just call them and take care of it? You know, being a mod and all.

 

[Classic]

Cheaper in the long run to get a deferred than to pay the ticket. You pay the deferred prosecution "fee", the ticket goes away over a period of time if no more violations and your insurance company doesn't get notified, IIRC.

 

[mom45]

If she qualifies for a deferral, I would have her go that route. It is more expensive than the ticket, but keeps it off of her insurance and gives a good incentive not to get a second ticket. A second ticket within the year would have worse consequences.

 

[2A_Tom]

Haven't gotten one in years but I use to go to court and ask for court supervision and when granted they did not report it to the insurance company. It didn't cost any more.

The last ticket I got was for running a red light. When I went to court they asked for my plea and I plead guilty and asked for court supervision. They offered me a reduced fine and no record if I went to driving school. This I did.

That was the worst four hours of my life that I will never get back.

 

[Rookie]

Can a Peru (Miami county) officer cite someone in Kokomo (Howard County)?

 

[GodFearinGunTotin]

Cheaper in the long run to get a deferred than to pay the ticket. You pay the deferred prosecution "fee", the ticket goes away over a period of time if no more violations and your insurance company doesn't get notified, IIRC.

If she qualifies for a deferral, I would have her go that route. It is more expensive than the ticket, but keeps it off of her insurance and gives a good incentive not to get a second ticket. A second ticket within the year would have worse consequences.

This is what I'd do. My son got a speeding ticket a couple 2-3 years ago and did this.

Tennessee had a statute that if you were going 20 or more mph over the limit, it was reckless driving. Does Indiana have that as well?

 

[pitbulld45]

Can a Peru (Miami county) officer cite someone in Kokomo (Howard County)?

Yes as long as he is writing a state statue and not a county or city ordinance

 

[pute62]

If she qualifies for a deferral, I would have her go that route. It is more expensive than the ticket, but keeps it off of her insurance and gives a good incentive not to get a second ticket. A second ticket within the year would have worse consequences.

I did the deferral and it cost an extra $79. Much cheaper than the extra I'd of paid in insurance for 3 years.
One of our drivers at work did the deferral and then got another ticket a few months later. First ticket went active and earned her enough points for the defensive driving video.

 

[Yup!]

I see what you are getting at..

He incorrectly recorded the FACTS of the traffic stop, so what other FACTS might he have witnessed incorrectly. If the Signs not legit, you must acquit..

I would think there's a chance it could get thrown out based on that, BUT think of the lesson she would learn then.. I'd rather her learn now that speeding is dangerous and she should slow down. This ticket could be the one that saves her life. Getting her "OUT OF IT" on a TECHNICALITY might giver her a false impression of invincible..

 

[Rookie]

I see what you are getting at..

He incorrectly recorded the FACTS of the traffic stop, so what other FACTS might he have witnessed incorrectly. If the Signs not legit, you must acquit..

I would think there's a chance it could get thrown out based on that, BUT think of the lesson she would learn then.. I'd rather her learn now that speeding is dangerous and she should slow down. This ticket could be the one that saves her life. Getting her "OUT OF IT" on a TECHNICALITY might giver her a false impression of invincible..

Here is my conversation with her...

Me: were you speeding?
Her: yes, but I wasn't going 60 mph.
Me: you were speeding though, right?
Her: yes.
Me: then you got what you earned. Pay the ticket.
Her: but he said I was doing 60 in a 45. I was going 50 in a 40 and he didn't clock me.
Me: so what? You were speeding and you earned a ticket.

The questions I have are to satisfy my curiosity, not help her get out of consequences.

 

[Yup!]

Here is my conversation with her...

Me: were you speeding?
Her: yes, but I wasn't going 60 mph.
Me: you were speeding though, right?
Her: yes.
Me: then you got what you earned. Pay the ticket.
Her: but he said I was doing 60 in a 45. I was going 50 in a 40 and he didn't clock me.
Me: so what? You were speeding and you earned a ticket.

The questions I have are to satisfy my curiosity, not help her get out of consequences.

have her her pay you, the you fight it and keep the money

 

[indyjohn]

Last time I received a speeding ticket, maybe 9 years ago in Marion County, I learned that if I had a prior clean record (I did) and paid the fine by mail promptly (I did within 30 days), no points would be assessed and my insurance co. would be none the wiser. A year later when I went shopping for new car insurance the agent told me I had no points on my record. YMMV.

 

[T.Lex]

It kinda depends. There is an "urban speed limit" of (IIRC) 35 mph. I think there's also the corollary "rural speed limit" of 40 or 45. So, even if there is no sign (or she didn't see one because of the route she took to that location), there should still be a "default."

Having said that, unless it was an interstate, it was 55 (or 60). So, she was guilty, the question is by how much. And that is something the officer will have to prove. So, if she fights it, chances are she can get the fine related to the actual speed limit at that location.

Better option is deferral, if available.

 

[bwframe]

I have always took deferrals when available. I was having dinner with a group of guys discussing this at a local waffle house. The county sheriff happened to be there also, apparently listening in. Quite friendly and matter of fact, he chimed in that around 80% of those that took deferrals didn't make it through the probation period. He explained then that both tickets became valid with all penalties.

 

[mom45]

I have always took deferrals when available. I was having dinner with a group of guys discussing this at a local waffle house. The county sheriff happened to be there also, apparently listening in. Quite friendly and matter of fact, he chimed in that around 80% of those that took deferrals didn't make it through the probation period. He explained then that both tickets became valid with all penalties.

Yep. That is part of the agreement you sign when you do the deferral, which is why I mentioned it is a good incentive for people not to get that second ticket. It is usually a year I think that you have to stay ticket free in order to avoid that.

 

[88GT]

Yep. That is part of the agreement you sign when you do the deferral, which is why I mentioned it is a good incentive for people not to get that second ticket. It is usually a year I think that you have to stay ticket free in order to avoid that.

Mine was 6 months. This occurred just a couple of years ago.