Will this "proof" hold up in court?

[vaio1985]

This past weekend I was traveling down one of our state roads to visit a friend. My speed varied between 55 - 59, with the limit being 55. I passed an oncoming County Sheriff about 2 miles after turning onto this M road. Since I had already gotten a ticket on this road for "left of center" (passing someone I probably shouldn't have), I was paying extra close attention to my speed, and the Sheriff didn't bat an eye.

A few miles later, an SUV pulled out in front of me restricting my speed under 50 mph. He eventually speed up to around 55 - 57 or so. I kept a safe following distance. After following this SUV for a few miles, I encountered an oncoming State Trooper. I looked down, verified my speed was under 60, and the trooper passed.

Moments later, he turned around and pulled me over. He stated he clocked me at 67 mph. I expressed my shock, and stated there was no way I could have possibly been going that fast. I had been paying extra close attention to my speed, and had been following another vehicle. Had I been truly going 67, I would have been flying up on the SUV at nearly-expressway speed.

He went back to his car, and came back with a ticket for 67/55. $135 fine with 3 points, and warning for defective equipment - window tint. (No tint is legal on front windows in MI). The only "deal" he gave was that I didn't have to rip out my tint or pay the fine for it.

Here's where the interesting part comes in. I have the Progressive MyRate device plugged into my onboard diagnostics port in my car which records the exact speed and time and uploads the data to Progressive when the ignition is shut off. Immediately when I got to my friend's house, I was able to verify that I was going nowhere near 67 mph as supposedly clocked by his moving radar. (My car is a 2010 with all factory equipment, so it seems very unlikely that my speedometer is off by nearly 10 mph.)

I was relieved, thinking I had the case in the bag. I called Progressive and they are sending my a detailed report of the data. The only problem I see is that the data will be sent in a very editable format, Excel. I didn't want to demand that they find a better way to "lock" the data down, as they didn't even have to give me it to begin with. She said this isn't something they usually do.

Will this stand up in court as valid proof? Before I even remembered I had the device, I was planning on fighting the ticket based on my confidence in my speed and the circumstances alone.

Are there any other things I should consider when presenting the data?

This chart is what I have for now until I get the data from Progressive. It still clearly shows that I was under the 60 mph mark.

I realize I am probably being paranoid, I just don't want this to backfire.

Also, I'm seeing a lot of posts with a default response of "go to traffic school and it will all go away." As far as I know, that isn't an option here. We can admit responsibility, admit with an explanation, or deny responsibility, but as far as I know, traffic school can only save you from losing your license when you get 12 points.

 

[army judge]

Traffic school recommendations aren't offered as a default answer.
They are often the ONLY answer.
100% of defensive driving school participants have their citations dismissed.
Fewer than 3% pf people who contest traffic tickets pro per beat their citations.
About 50% of those who engage the services of lawyers beat their citations.
Either way, it is rare when you defeat a traffic citation in court.
Traffic tickets are not about safety.
That is the lie the state tells.
Tickets are revenue schemes.
States don't easily allow their revenue scheme to be stopped.

Michigan is so strapped for cash, they don't permit their VICTIMS to wriggle off the hook until they are ready to lose their license as you indicated.

You can try to use your unofficial data to overcome the citation.
The court might not admit it, for the reasons you've indicated.
It can't hurt to try.

Looking at that chart reveals that you were going at 80MPH, minutes before you were cited.
The data might hurt you, more than help you.

You can hire a lawyer (often at a higher cost than paying the citation) to increase your chances at success.
Some Michigan lawyers say they will represent you for $50-100 and get the ticket reduced or kicked.

 

[vaio1985]

Those statistics are very interesting. I've heard much different stories here in MI. Maybe they're more lenient in court because of our overzealous ticketing (revenue stream) due to the strapped-for-cash situation, the lack of the traffic school option, and our illegal speed limits.

A few people I've spoken with have gotten fines reduced, or points dropped for just showing up to plead their case. Guess I'll just hope for the best!

 

[army judge]

For the DIY traffic ticket victim:

http://tipmra.com/new_tipmra/Speeding_ticket_lesson_1.htm


How do you beat "city hall"?

http://www.buyradardetectors.com/articles/Speeding-Ticket-Basics.aspx

Some additional information for review, reflection, and thought.

Most traffic courts rely on the fact that nine out of 10 drivers will just pay their tickets and move on. Established to expedite cases quickly and efficiently, traffic courts serve as vital sources of revenue for many counties.

Their desire to get you in and out can work in your favor when fighting a ticket. Attorneys who specialize in traffic court cases have very high dismissal rates based simply on technicalities. In many cases, with a little effort and research you can obtain the same results.

Auto clubs and insurers are unlikely to publicly give drivers tips for beating tickets in court, but there are a number of things you can do on your own to keep your tickets off your driving record.

Alex Carroll, author of "Beat the Cops: the Guide to Fighting Your Traffic Ticket and Winning," says that challenging a ticket is one of the easiest things a person can do in the legal system. Carroll runs a Web site that gives people information they can use to fight their tickets. As a former courier that was "basically paid to speed," he has beaten eight out of 10 of his tickets.

Those who have successfully beaten a traffic citation all agree that one should never immediately pay the fine -- it's an automatic admission of guilt. Even those who are honest about their guilt will find that many counties offer special pleas for first-time offenders that will keep the violation off the driving record under probational conditions that can often include driving school.

Aaron Quinn, communications director for the National Motorists Association, says that his organization pushes for better speed limits and fair enforcement practices. He says the organization played a role in the repeal of the 55-mph national maximum speed limit in 1995 and sells the "Guerilla Ticket Fighter," a tape that shows drivers how to fight their tickets.

"Never plead guilty or no contest, especially if it's your first ticket. If you have a clean driving record, your chances of keeping it off your record are much better," says Quinn.

If that's not an option, you'll need to learn a little bit more about the legal process. Carroll recommends going to the courthouse to file a discovery motion or a public records request. You can check the ticketing officer's notes, calibration records for radar guns and verify that all data was recorded correctly.

http://www.bankrate.com/brm/news/auto/20070330_traffic_ticket_court_a1.asp