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Cop gave me a "break," so, instead of a speeding ticket, gave me a "failure to obey traffic sign" ticket. Can I fight it?
Anonymous3 views3 answers
I was pulled over for speeding in CT and an undercover officer gave me a failure to obey a traffic sign ticket, instead (calling it a break). There is no speed on the ticket, but he said he wrote the speed down in case - I'm assuming on his own report - I want to go to court, and that the judge could levy a heavier fine on me if I chose to fight his "break." The ticket is a moving violation, though, and I want to avoid points.
Can I fight the ticket? Can the judge actually levy a heavier fine on me in court when he hears the speed details of the stop (are they even admissible?). If there is no actual speed or posted speed on the ticket, I'm not sure. The fine isn't much - $75 - but if I can get the points tossed, I'd be ecstatic.
While I do not know CT law, my experience is that the Highway Sign offense carries less "points" than the speed at which you were traveling.That's the "break." Be prepared for the speed evidence to be sufficient for violating the highway sign that indicates maximum speed. Seeking representation maximizes your chance to become ecstatic.
I agree with Attorney Wells.
I would add that a prosecutor can file a substitute information, which means he can change your charges back to speeding, if you contest the charge.
I think you have poor odds of getting a better deal without an attorney. With help you may be able to achieve ecstasy depending on what the police report says.
Your question may not be a complete or accurate description of the problem. My answer is not legal advice. No client/attorney relationship exists by virtue of this answer. Laws are different from jurisdiction to jurisdiction and frequently change. Do not act on any information provided without consulting with a lawyer licensed to practice in your jurisdiction who has experience with the kind of issues that concern you.
You have the right to fight the ticket although I agree with counsels' suggestions that any break you are looking for has likely already occurred especially if you appear without counsel. If your driving record is clean, you might come across a prosecutor willing to let you make a charitable contribution to resolve the matter, then again you may find a prosecutor who takes offense to your willingness to push for more leniency than you have already been given by the officer. I suggest consulting with counsel to discuss your driving history and how a possible plea to the lesser charge will impact it.
