Legal Question in Traffic Law in Louisiana

admission of guilt?

i received a speeding ticket for 62 mph in a 45, i have never even been pulled over before and didn't know to ask about the officer's radar gun. i know i was speeding, but feel it was no more than 50 or 55mph. i am concerned that by saying this in court it will be an admission of guilt. is that a risk i should take, and what other important information should i address when contesting the ticket? something i found suspicious was that the officer didn't pull me over until i had passed him about a quarter of a mile. i wouldn't have knowingly passed an officer at 62 mph.


Asked on 3/11/02, 4:59 pm

2 Answers from Attorneys

David Diamond Diamond & Associates

Re: admission of guilt?

Yes, if you did contest it on the grounds that you were going 50-55 in a 45 zone instead of the 62, it would be an admission of guilt. Please contact us so that we may discuss your matter with you further at 310/277-1707.

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Answered on 3/13/02, 1:06 pm
Andrew Casanave Andrew M. Casanave

Re: admission of guilt?

Many people fail to realize that a speedometer is not a precise instrument. They also fail to realize that it actually measures the rotations per minute (rpm) of the wheel and translates this into miles per hour (mph). This is especially troublesome if you drive an older vehicle, if your tires are a different size from the ones applied at the factory, or if your transmission has ever required significant repair.

Have your speedometer checked and if necessary re-calibrated. Many prosecutors will actually assist you with your ticket (eg. reduction to non-moving violation) if you repaired the speedometer and you reasonably believed that you were at or near the posted speed. This will keep the violation off of your record.

The officer checks the calibration at least twice every shift using a tuning fork. How recently was your speedometer's calibration checked?

This will also prevent future tickets.

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Answered on 3/12/02, 11:32 am


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