July 30, 2004  Email this  Print this
 License or reprint this articleDRIVE TIME
When It Pays to Fight a Ticket
by Mark Solheim  When I test-drive a car, I try to drive it the way you do: to work in traffic, shuttling the kids to sports events and lessons, on the Capital Beltway to the mall. Along the way, I like to see how quickly a vehicle accelerates and brakes, how well it takes curves and how smoothly and quietly it cruises on the highway. So once in a while the posted speed limit isn't foremost in my mind. That's what happened a couple of weeks ago when a Maryland state trooper's radar clocked me going 86 in a 65 mph zone. I was handed a ticket for $275.
I don't dispute the numbers, and I'm willing to pay the fine. But I didn't realize I was going that fast (honest), I don't consider myself a danger to society (or to other drivers), and this is only my second ticket in 20 years. I'm going to try to beat the rap by going to court, or at least get some sort of reprieve.
Tell it to the judge
What I'm most worried about is the long-term consequences on my auto insurance. Many insurers ignore one ticket within a three- or five-year period, but with two tickets, the premiums can soar. (I hope my agent isn't reading this.)
I called Brenda Fishbein, a Howard County, Maryland, attorney, who has represented a lot of clients charged with speeding. I explained my case to her: I was test-driving the Mercedes-Benz E320 diesel, whose engine is unbelievably powerful, smooth and quiet. I knew I was going faster than I should, but I was shocked to see that I had exceeded 80 mph.
Fishbein says that everyone who gets a ticket should go to court. If you're really lucky, the police officer won't show and your case probably will be dismissed. But don't count on that. Plan to plead guilty and offer an explanation.
You'd better have a really really good excuse if you expect the judge to dismiss the charges -- you know, your wife is in labor or a family member is near death in the hospital. "Saying that you were just going along with the flow of traffic doesn't cut it," she says.
"The vast majority of the time, if you plead guilty and you're polite and cooperative, and you say you've made a mistake and weren't paying attention -- and you're sorry -- the judge will reduce the points," says Fishbein.
Odds are in your favor
One estimate suggests that more than half of contested speeding tickets result in dismissal, a reduced fine or a finding in the driver's favor. Of course, you can probably forget about getting a break if you have a stack of tickets. And you have to be honest about your record: the judge has access to it.
If you aren't sure when you got your last ticket or how many points were assessed against you, go to the department of motor vehicles Web site for your state. There should be instructions there on how to get your driving record.
Fishbein says she rarely tries to prove that the radar was faulty or they nabbed the wrong driver. For one thing, it's a mistake to question the judgment or competency of police officers, because they appear before the same judges all the time, and judges are more likely to side with them than with you.
If you have proof that your speedometer needed to be recalibrated and present proof that you had the work done, that should get you off the hook.
Other options
In some states, traffic school is another way to neutralize a ticket. Such a course can cost from $40 to more than $100 (on top of your fine) and typically lasts four to eight hours. But there's a limit on how often you can use this option -- once every 12 to 24 months is typical. In Maryland it's up to the judge, but such schools are usually reserved for drivers under 25, says Fishbein.
"Probation before judgment" may be another option. The ticket may never appear on your record if you pay the fine and court costs and avoid violations for, say, six months or a year. Again, that's up to the judge. Or you may be able to plea bargain. In Virginia, for example, the judge invites court attendees to speak with a district attorney, who might reduce points or the fine, especially for drivers with an unblemished record.
Don't assume that because you got the ticket in another state, you're in the clear. Most states share traffic violation information with each other. As for insurers, policies differ on how often they check your driving record. But if you're not a high-risk driver, chances are they won't check it every year.
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