Road Law – August/September 2024
In this article, we review a recent case where all must have been right in the universe for the outcome to have come together as it did. While this case does not represent the norm, it shows that a respectful defendant, paired with a reasonable prosecutor and state trooper, can come to a resolution that is factually based. The following is a synopsis of how this case transpired.
Q: I received a traffic ticket for speeding in my personal vehicle and think there might be a problem with the vehicle, because my indicated speed was much lower than what the officer cited me for. Can you help?
A: Yes. If you believe there is a vehicle defect, then you should get the vehicle diagnosed and supply any shop repair receipt or other information that would help us in trying to get your ticket dismissed or amended. If you have a good driving record as well, that would help your case. Please order one so we can submit it with our request to the court.
Attorney to Prosecutor: Mr. Client is a commercial truck driver who recently received a speeding ticket while operating his personal vehicle, a 2006 Chevrolet Silverado pickup, in or near X Town. Attached is a copy of Mr. Client’s ticket, his current three-year driver record and a shop-repair receipt for diagnostic review and correction of the subject vehicle’s speedometer. It’s our understanding that said speedometer of the subject vehicle has now been corrected and is reporting an accurate speed. As Mr. Client is not a habitual offender of traffic laws and has taken corrective action to ensure that the subject vehicle is now reporting an accurate speed, he would respectfully request your recommendation to allow him to enter his plea of “guilty” to the amended charge of “defective equipment.” In the alternative, Mr. Client would respectfully request your recommendation to allow him to enter his plea of “guilty” to the amended speeding charge of “speeding 80/75.”
Prosecutor to Officer: Good morning, Trooper. We received the below email regarding a traffic ticket that I believe you wrote re: a Mr. Client. Before responding to the attorney, I was wondering if you have any input? Generally, I won’t agree to reduce or amend a traffic ticket unless the citing officer is in agreement. Thanks!
Officer to Prosecutor: Regarding this stop, Mr. Client passed by me at the cited speed as I was parked on the shoulder. I brought him back to my patrol car and had a nice and polite visit, as he was visiting family in the area. Mr. Client stated he had purchased the vehicle knowing there was an issue with the way the gears were set up, and he assumed that is what caused the discrepancy with what speed he thought he was traveling. I have no issues with however you decide to reduce the speed citation. The fact that he took the time to remedy the issue is much appreciated by me!
Prosecutor to Attorney: Good morning. I reached out to the citing officer after receiving your email and have copied his response below in case you want to share it with your client. I have no problem amending to a defective-equipment charge. The easiest way to accomplish this is probably to immediately mail in his citation with a request for hearing. This must be done within 14 days of the date of the citation, and I believe he’s almost at the end of the allowable time. Then we can take care of it on the record. If he is out of state, the clerk of court’s office can assist him in filing paperwork to request a hearing by Zoom.
Attorney to Prosecutor: Thanks for your reply and recommendation. Yes, Mr. Client would respectfully request that he be allowed to enter his plea of “guilty” to the amended charge of “defective equipment.” Also, our office will assist Mr. Client with contacting the court clerk and requesting a hearing via Zoom. Thank you again for your assistance in this matter. LL
We invite you to send any questions or comments regarding transportation law to: Road Law, 3441 W. Memorial Road, Suite 4, Oklahoma City, OK 73134; to contact us through our website at www.RoadLaw.net; or to call us at 405-242-2030. We look forward to hearing from you.