Adamant1971

A I got a ticket for 74 in a 55 in TN. I have spoken with a lawyer who thinks they can postpone the court date and if I have no moving violations during this time 30-60 days the prosecution will dismiss the citation.

This would envolve court fees of $175 and lawyer fees of $350.

I don't know how much my fine is since the trooper has not filled the paperwork yet.

I do know that Tennessee does have an agreement to send violations to Ontario, but it's not guaranteed that they will or won't file it with the MTO.

I really don't want a charge on my record, insurance is expensive enough here.

Any thoughts?

The lawyer I contacted was Oberman and Rice, any experiences with them. (Sara Compher)

Thanks

Kevin in Atlanta

Pay the lawyer - TN just wants your money - a good lawyer will get it knocked down and Canada and your insurance company will never know.

Kevin in Atlanta

I had the same experience in Virginia.

davek9

Do the attorney, time is ur friend in these situations

19psi

A lawyer has a good chance of making it all go away but $350 + fees/fines sounds really high.

Back in December I received a ticket...I'm 42 and the last ticket I received was when I was 19.

I'm at an intersection with several cars in front of me including a cop. Light turns green and the car at the front is turning left and waiting for a long line of traffic to clear. Idiots in front of me (including the cop) are sitting there with their thumbs up their ###, so I go into a right lane, bypass all of them including the person up front and continue on my way. Cops gets butthurt and issues me a ticket about a mile down the road. Claimed it was a right turn lane only and all kinds of other crap as to why I had no right to go around him.

I took pictures proving it wasn't a right turn only and dropped them off at a lawyer. Paid him $150 which was far cheaper than taking off work for a few hours to go to court.

Never made it to the judge. I broke no laws. Prosecutor tossed it out, no points, no fines or fees.

The thing that pissed me off big time was a letter I received about 2 weeks after I received the ticket. Due to my exemplary driving record, the county was willing to defer my points as long as I paid the fine ($150) PLUS another $100 in paperwork fees! Basically, throw us some extra $$$ and we'll make the points go away. I believe they purposely waited a few weeks to see if I would happily pay the original fee before they threw an offer out on the table. They even went as far as mentioning how it would save me money on my insurance.
To top that off, if you get another ticket within the next 12 months those 4 original points come back.

Giant money making scam. Being from out of town, hire a lawyer so you won't have to show up to defend yourself. It's worth the gamble and if they can't get it dismissed completely they should at least get it down to a non moving violation.

That said, the $150 I paid was on the high end for my area. $350 sounds way out there.

depami

Not to sound like a dick, but:


If you actually were going 74 in a 55 just pay the ticket but try to get it reduced to “over posted limit”.



It is illegal to pass on the right if it is not a full lane or designated bypass lane.



There are already too many people in this world not willing to take responsibility for their own actions.

jcorenman

Yes, but you had the facts on your side-- which makes a difference. I don't think $350 is unreasonable, but I don't know the area.

Adam, it was great to meet you and good luck with this!

19psi

Ever think that maybe the laws in Indiana are different than in your state?

IC 9-21-8-6
Overtaking and passing on the right; conditions
Sec. 6. (a) A person who drives a vehicle may overtake and pass upon the right of another vehicle only under the following conditions:
(1) When the vehicle overtaken is making or about to make a left turn.
(2) Upon a roadway with unobstructed pavement of sufficient width for two (2) or more lanes of vehicles moving lawfully in the direction being traveled by the overtaking vehicle.
(b) A person who drives a vehicle may overtake and pass another vehicle upon the right only under conditions that permit overtaking upon the right in safety. Overtaking upon the right may not be made by driving off the roadway.

jbrob007

You live in Canada... Pay the fine and be done with it. The sooner you pay the better - once they get their money (and yes its all about revenue) chances are your insurance will never be informed.

depami

I’m not saying you were in the wrong but safe driving is pretty much the same everywhere.

There is much room for interpretation and particular circumstance.

(1) Were all vehicles you passed turning left?

(2) Were there actually two lanes that allowed “lawful” side by side driving?

(b) Totally up to the officer’s discretion.

19psi

1) Nope, just the car at the front with the rest stopped. According to #2, one can even pass cars moving in the same direction. Of course you can't be doing something like breaking the speed limit while doing it.

2) A complete lane that continued on several hundred feet past the intersection and eventually merged back into one lane complete with a guiding white line.

b) I also went as far as to supply a Google street image showing a Semi in that right lane well past the intersection (couldn't ask for a better frozen in time perspective) AND weather conditions proving there was no snow or rain at that exact time. I left no stone unturned.

Even with all that and not so much as a parking ticket in 22 years, I probably would not have stood a chance without an attorney.

skipp

Pay the lawyer and try to beat the rap. It will save your insurance and we all know its just a racket.

Speedtoys

It's not about revenue. It's about you getting the message.

Sometimes yes, you can pay your way out of little things, but you did screw up (a generic you, not YOU), and we agree to pay up when we get caught.

Speedtoys

No, we don't all know that.

Just when we want a better excuse than owning up.

GregBBRD

Traffic tickets, long ago, quit being about what is right and what is wrong and became about revenue only. Your Porsche, at 74 is way, way safer than a 1970 drum braked Chevelle hurling down the road at 55 (which is what the speed laws were written for.)

Although.....if you actually got "written" for 74, you were probably doing 85....and everyone at the court knows that. Just the fact that you got pulled over and got a traffic ticket means you were speeding...the cops have a huge amount of people to "select" from....most all of which are doing something they could be fined for. When traffic cops aren't being "AAA with a gun"....they are revenue generators.

A good "local" lawyer knows the guys that are in the courtroom....and knows what to say to whom....and when to say it. They have lunch together. They play tennis together. They are friends. They make deals.

Money is what keeps the "system" lubed. Pay the lawyer or pay the fine and smile. Looking for a way to save a few dollars (cheaper attorney), after you have already contacted an attorney, will just result in you paying both.