Ivan Sever, a professor at Berkley College of Music, heard nothing melodious in the siren that pulled him over on a little country road outside of Boston. And he was nonplussed when the officer told him he was speeding as he drove his 12-year-old daughter, Alison, to ballet class.
"But no speed limit is posted," Sever said from behind the wheel of his Suzuki SUV. "Tell it to a judge," the officer shot back.
Getting caught dead with a lead foot, you find yourself slapped with the double whammy of paying the fine and paying higher premiums on your auto insurance policy.
Just ask the Maryland man who found himself before a judge pleading "guilty with explanation." It seems that a protest against China's repression of the Falun Gong had created a hopeless traffic jam as he tried to pick up his daughter at camp. Once traffic opened up, his foot went down, and a cop pulled him over.
As proof of his predicament, the man handed the judge an article about the protest. "You're invoking the Falun Gong defense?" the judge asked sardonically. "I don't care what your excuse is, mister, you've got to slow down."
No one keeps an exact count of how many speeding tickets are issued each year, but one estimate puts the number at about 14 million. Most of those nabbed admit their guilt and either pay a fine or take advantage of a re-education program to mitigate or erase the effect of the ticket. Only about 3% of ticketed drivers head to court to challenge the ticket and try to beat the rap.
The financial fallout begins with the fine. Depending on where you push the pedal to the metal, the fine can range from $5 to $1,000. In Massachusetts, for example, the minimum is $50 for speeds up to 10 miles an hour over the limit, plus $10 for every excess mile per hour. In California, you'll pay up to $100 for a first offense, $200 for the second and $250 for each ticket after that. Fines in many states are automatically doubled in school or work zones.
For many drivers, though, the biggest pocketbook hit comes not from the judge but from the insurance company. A speeding ticket can drive up premiums for three to five years.
To see the devastating impact speeding tickets can have, consider a single-car policy in Massachusetts. A typical policy with liability, collision and comprehensive coverage starts out at $1,549 a year. The first speeding ticket wipes out a $123 good-driver discount. A second triggers a $370 rate hike; a third boosts the rate $565 over the $1,549 base. In effect, three tickets trigger a "fine" from the insurer of $565 a year, or $2,825 over five years -- far higher than the official fine imposed by the state. Wherever you live, it's likely your insurer will ratchet up the surcharges as you rack up tickets. So the stakes get higher each time you're pulled over.
Check your optionsRead both sides of the ticket. It will probably outline a number of ways you can proceed, from writing a check to going to court to fight. The middle ground may include taking a safe-driving course; if you complete the course, the ticket won't go on your record. Such a course can cost from $40 to more than $100 (on top of any fine you may have to pay) and typically lasts four to eight hours. In some states, including California and Florida, you can take the course online. There is a limit, however, to how often you can use this option to protect your record; once every 12 to 24 months is typical.
If such options are not available, you may still be able to limit the damage by plea-bargaining. Request a court date to present your case -- perhaps to show that your speedometer was faulty -- and then ask the prosecutor for a deal. To avoid clogging the docket, a prosecutor may offer to reduce the fine and points, especially for first-time violators.
Before you decide how much effort to go to, call your insurer to see how the ticket could affect your rates. The more severe the consequences, the more important it is to take advantage of ways to hold down the damage.
You don't really need to consult with a lawyer if you're going to ask for a deferral or a reduction in your fine or points, or if you want to see if you can work out a deal with prosecutors. You can normally handle those kinds of matters at an informal meeting with a judge, hearing officer or prosecutor. And if you think that your case is a strong one, you can plead not guilty and even go to trial on your own.
If all this sounds like too much work, you can hire a lawyer for anywhere from $300 to $1,000 or more (if you go to trial). Be sure to get one familiar with the traffic laws and practices where you were ticketed.
Don’t try these excuses
If a patrol car pulls up behind you with lights flashing, the key to the next few minutes is keeping things safe for you and the officer. Slow down and carefully pull over to the right shoulder, making sure to use your turn signal.
If you are uncomfortable stopping in a relatively unpopulated or unlighted area, slow down, turn on your hazard lights and indicate by a hand signal that you are going up ahead. Then pull over as soon as you get to a more populated area. Police officers understand this concern.
If it's nighttime, turn on your dome light once you have stopped. Stay in the car, unless you are told to get out. "It's a challenge to the officer when you get out," says Rich Whitcomb, director of driver training for the American Automobile Association.
Roll down the window and keep your hands in view on the steering wheel. If you have to get your driver's license, registration or insurance card from the glove box, a purse or other enclosed area, tell the officer before you do it.
Be polite, but don't volunteer any information. "The officer is going to try to get you to say you were speeding"
When asked if you know why you were stopped, do not commit yourself. Just say something like, "I'm not sure." If the officer says you were speeding, respond with, "I see," or say nothing. Silence doesn't equal an admission of guilt, nor does signing the ticket. You are simply acknowledging receipt of a copy of the ticket.
If you are pulled over out-of-state, don't assume that paying the ticket promptly will prevent the infraction from being reported to your home state -- even if the officer suggests that that's the case. Just about all states share information about driving infractions.
