ticket: 75 in construction zone. was wrong

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naynay

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I was going down the freeway with my cruise control set at 60 and applied the breaks when I saw a construction sign. I passed an officer who waited a few seconds to pull out and then followed me for a while before pulling me over. The construction was such that 3 lanes merged into one and by the time he pulled me over traffic was completely stopped. He ticketed me for going 75 in a 45 construction zone and gave me $679 fine. I know I wasn't going that fast (I don't know how fast I was going) due to I was set on cruise at 60 and applied the brakes. I think due to the dark he caught someone else on radar and due to his delay in pursuit he pulled me over instead. What would be my best bet in court. How would be best to get my statement heard and hope for best results?
 
If you think this area was very confusing then getting pictures might help your defense with regard to many of the details. Bringing them in is usually impressive with regard to your credibility, from my experience.

You'll probably speak to the prosecutor before the attorney. They will want to make a deal but you may not be able to make one given the magnitude of the offense. My advice is to get an attorney who specializes in this type of case. Shouldn't cost you much for the appearance. From experience, it has proven invaluable especially when the fine is as large as it is and when you may have a reasonable defense. In addition, prosecutors will usually make a better deal with an attorney than with the driver - call it professional experience. ;)

If you decide not to go this route, obviously cross examination of the officer will be critical in proving your case, especially in ensuring that he definitely clocked your car and that his radar or whatever tracking mechanism he claims was working at the time. Take your time and have patience during cross examination and prepare your list of questions well in advance.

Good luck to you.
 
Thank you for that information. If I plead not guilty they need to prove guilt or do I need to prove not guilty?
 
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