Got a speeding ticket when driving home from work at night. I know the road I was on, and was caught on radar doing 57 in a 30. The problem was that I knew the limit was going to turn to 55, but since it was dark I was not able to tell exactly where the posted sign was. And the police officer pulled me over at almost the instant that the sign became visible. I took some legal classes, and know that a defendant is supposed to have criminal intent, and that the spirit of the law is intended to make roads safer. If I could argue that I lacked criminal intent an that my speeding (which had to be for a very limited time, due to a large curb being slightly before that in the road) and that the alleged speeding didn't violate the spirit of the law, would it be an acceptable defense?
Consult with a DMV lawyer. Intent is not part of the requirement for speeding. Distance from sign until violation is the real issue. Also, speed limit prior to the sign is the issue.
nope; get a lawyer
No. Speeidng is an administrative violation and no intent is required (i.e. a form of strictl liability). Concentrate on other defenses.
There is no intent needed for speeding. Similarly, as is often pointed out, ignorance of the law is no excuse.
Don't believe that defense will work, not the same principal of law.
Did you read the statute to see if it is an intent crime or strict liability?
Your idea is good but I don't think it will work.
