Question for LEO on Speeding ticket

[chris]

I was pulled over for speeding JUly. I have sice got an extention and it is due 8th of next month.

My question is my speedometer in my 2004 Chevy truck has a defect it goes out around or reading incorrectley around 63k to 70k miles on the truck. there is an unofficial recall on it before 70k or 7 yrs whichever comes first.

is there a way to get the fine reduced or dissmissed due to the fact of a manufacture defect?

Yes the intrument cluster was replaced the following week after getting the ticket and my speedometer started to act up the prior week.

i do plan on not having the ticket or fine reduced or dismissed at all. i do plan on attending traffic school.

i have the recipt and of the cluster being replaced. also doing a search on the speedometer on the internet brings up numerous forums and complaints about this very issue.

[retired]

I was pulled over for speeding JUly. I have sice got an extention and it is due 8th of next month.

My question is my speedometer in my 2004 Chevy truck has a defect it goes out around or reading incorrectley around 63k to 70k miles on the truck. there is an unofficial recall on it before 70k or 7 yrs whichever comes first.

is there a way to get the fine reduced or dissmissed due to the fact of a manufacture defect?

Yes the intrument cluster was replaced the following week after getting the ticket and my speedometer started to act up the prior week.

i do plan on not having the ticket or fine reduced or dismissed at all. i do plan on attending traffic school.

i have the recipt and of the cluster being replaced. also doing a search on the speedometer on the internet brings up numerous forums and complaints about this very issue.

I am a bit confused by the contradiction in the bolded sentences. Would you please explain your statements. Thanks.

[chris]

questions in bold:

is there a way to get the fine reduced or dissmissed?

the problem is the step motor in the instrument cluster is defective at the milage i posted. since that is true and i have had the cluster replaced. what are the chances of the judge reducing or dismissing the ticket. i did replace it ASAP


i do plan on not having the ticket or fine reduced or dismissed at all?

my friends have told me that this could happen if i appear before a judge and tell him what happened. i'm going on the possibility of not having it dismissed or reduced so i have money ready to pay the fine and attend traffic school.

i hope this helps you. thanks for any help you may give.

[retired]

Chris, okay, now I see what you are saying; it was just the way you worded that made it seem like a contradiction.

The judge will probably ask you if you were aware of the defect in the speedo prior to the cite. If so and you are honest about it, you will more than likely be found guilty.

If you honestly were not aware of the defect, have some evidence published from the manufacturer acknowledging the defect and the receipt that shows you fixed the defect, the judge may either reduce the fine or dismiss it.

No active/retired leo can say to any degree of certainty how a judge will or not decide.

[chris]

the only problem is there is no letter or paperwork that is available about the speedometer going bad it is an unofficial recall. for some reason GM does not publish it. i have searched and i asked the dealer when i took the truck in about anything and there was none.

the only thing i have is the recipt from the dealer when they replaced it and it was free of charge.

thanks for the help.

[nickvig]

2004 model Chevy Silverado trucks had an actual recall bulletin from Chevy. Later year models did not. I know this as I have an '05 that did the same thing and mine was not covered under the SB, but under my extended warranty, and I specifically asked about it.

[Fire in the Hole]

It's inadmissible hearsay evidence if it can not be substantiated through physical or direct evidence. Ask the service manager if he will write a letter stating that it was an "unofficial recall". If they agree request that it be written on their company stationary, not some oily piece of scratch paper. Usually they don't like to get involved or take the time, unless you are an established customer. I've never heard on one, but that doesn't mean they don't exist I guess. Have there been any articles in Car and Driver or Road and Track that would allude to this, that you could get a back issue of, and take to court?

[yzErnie]

I am assuming (I know, bad word!!) you took it to a dealership for repair? Do you have your receipt? Did you have to pay for the repair or was it a warranty repair? If the receipt says warranty repair then it is presumptive that it was defective.

Due to liability concerns I doubt a dealership would supply you with something that says "unofficial recall" but they might supply you with something that says the one that was in the truck was defective and it was replaced...which your receipt will confirm.

The judge could also likely say since you have had the truck for more than a couple days that you should have gotten the parts replaced when they went bad instead of driving around with a defective speedometer and still find you guilty.

I know in my court jurisdiction your only chance to request traffic school is at the arraignment. Here, if you wait to ask for traffic school at the time of trial when the LEO must be present the judge will lay a smack down on you...one of the nice things about working out in cow county!!!

[chris]

I am assuming (I know, bad word!!) you took it to a dealership for repair? Do you have your receipt? Did you have to pay for the repair or was it a warranty repair? If the receipt says warranty repair then it is presumptive that it was defective.

i have the recipt and there is no charge for the repair. the only real tangible evidence i can produce is through internet search of people complaining about this. i guess i can take anything i want with me whether the judge buys it or not. i won't get tossed in jail for it.

[Fire in the Hole]

i have the recipt and there is no charge for the repair. the only real tangible evidence i can produce is through internet search of people complaining about this. i guess i can take anything i want with me whether the judge buys it or not. i won't get tossed in jail for it.

I don't think that will fly. In fact I know it won't. The judge will probably just roll his/her eyes. Anybody including the "Flat Earth Society" can post anything they want on the internet. For everything that has a point; there's an equal counter-point to it.

[tyrist]

You will probably be found guilty although you might get the fine waved. You will still end up with a point on your license though.

[chris]

You will probably be found guilty although you might get the fine waved. You will still end up with a point on your license though.

unless i'm given the option to go to traffic school. i hope i can take it online though.

[Grumpyoldretiredcop]

I rotated through Traffic Court for years as a bailiff. One of our judges used to slap a copy of the Vehicle Code down on the bench and inform defendants that there is no requirement anywhere in the Code that you have a working speedometer - only that you not speed.

After hearing that for the first time, I looked... and he's right. There's no section in the Code that requires you to have a speedometer at all. The method by which you monitor your vehicle's speed is up to you. All the Code requires is that you not exceed the various speed limits.

I've never seen your planned defense result in success in the 17+ years I spent in Courts. That shouldn't stop you from presenting it, especially if you can get factory documentation on it. The worst thing that will happen is that you will be found guilty.

[yzErnie]

I don't think that will fly. In fact I know it won't.

I don't know if it would work for a defense or not and neither does anyone else except for the judge.

I still think your receipt for the replacement of a defective device would be your best defense. Whether the judge buys into the defense or not is the real question.

[chris]

it seems that there are some pessimistic responses and automatic guilty responses here. i did not start this thread to receive such responses. as i always thought you are innocent til proven guilty. how sad to see some of the responses here.

i did go to the courthouse today in Simi Valley and i was told i have to go to the Ventura courthouse. my courtesy notice gave 2 locations to go and Simi Valley is closer since I live in OC.

i appreciate the honesty and responses but some i take are a little rude. that is the attitude i got from the CHP who pulled me over and i was nothing more than respectful and honest, and tired a little since it was late at nite.

i will still present my case as it is my right and it seems that is not the thing to do. if i lose oh well i'll go to traffic school. i did find out i can take it online. since Ventura is quite a drive from where i live.

i'm not thin skinned as some may say but again i'm innocent til proven guilty!

for those that were pleasent and respectful thank you to those that were'nt that was the attitude i received that night. i know the CHP wanted a DUI i guess it ruined for him that i had not been drinking.