Should I contest a "unlawful passing on the left" ticket?

[NH848]

I got pulled over for an unlawful pass on the left (see Curtis Ribs chain). Any input on trying to contest the ticket? I was going around 100 mph when the cop saw me. Not sure what my speed was when I passed but my "excuse" would be I had to pass to avoid hitting the vehicle (bike) in front of me. Think that will fly?

[golden chicken]

You don't think the counter to that would be if you were traveling at a safe speed, you would have been able to stop in time? I'd probably just pay it and mentally thank the trooper for being lenient.

[e30addict]

Personally, I think discretion is better than valor in this case. If it were me, I already would have paid it.

Considering a possible outcome of that situation could of been a cruiser ride, the ride last thing I would want to tempt would be to have the prosecutor bring up all the circumstances in court.

That said, I've had a bunch of experiences with traffic court. What I've found is that you could be 100% right and still get nailed for it. I've also found that you can be 100% wrong and get away with it. It's pretty much a crap shoot and really has no correlation to true justice.

[jasnmar]

First pass (bad pun sorry) isn't likely to actually be in court. It's a matter of time vs. money.

Indicating that you want to go to court will likely get some sort of conversation with the PA before you ever stand in front of a judge, which will provide you with an opportunity to plea to a lesser. It will cause you some time off work to go meet with the PA, which is often at their convenience.

They know that going to court is a costly exercise. They will look to close the case without court if possible, even for a lesser.

[AVI8_636]

I'm one who believes you should fight every ticket you get. Go to court in a suit(not in flip flops and shorts), state your side in a professional manner, and the worse that will happen is it won't get thrown out. You have zero to lose, and everything to gain. I'd fight it regardless.

[Dip Dungles]

I'm one who believes you should fight every ticket you get. Go to court in a suit(not in flip flops and shorts), state your side in a professional manner, and the worse that will happen is it won't get thrown out. You have zero to lose, and everything to gain. I'd fight it regardless.

This.

You have nothing to lose except the points on your license for 6 years by not fighting it or losing.

[G21forme]

This.

You have nothing to lose except the points on your license for 6 years by not fighting it or losing.

Maybe, however they can always increase the penalty/fine as well so that is something to think about.

[Chippertheripper]

Maybe, however they can always increase the penalty/fine as well so that is something to think about.

I have never heard of such a thing.

[gumby]

How much was the fine?

[Dip Dungles]

I have never heard of such a thing.

Neither have I. But I haven't researched it in anyway.

[hondarider102]

Wirelessly posted

I'd get a lawyer if you want a real chance to win

[01xj]

Maybe, however they can always increase the penalty/fine as well so that is something to think about.

I don't believe they can just "increase" the fine. As far as I know all you can be charged for is the fine written on the ticket, plus court fees.

I'm not 100% sure either way so I'd love to hear from anyone who is.

[boosten lebaron]

Ive had several tickets get increases in court. Usually its a stupid head injury surcharge of $150. When I get tickets in NYC they always add something in, sometimes months after I have paid it or fought it. They can and will increase it if them deem it fit. They could very easily cite you for going 100mph if its stated on the ticket or report.
If it's serious enough just get a lawyer, if you want to gamble fight it, if you want it to just go away pay it.

[NPDCPA]

How much do you stand to lose by missing a day of work? Don't forget to factor that in. For me, missing a work day would cost me more than $100 plus points...

[tls25rs]

FYI

State of NH the fines on the back of the ticket are recommended fines for the listed infractions. If you choose to fight it and do wind up in front of the judge without a plea agreement with the prosecutor that the judge agrees to the judge has the power to increase the fine dramatically and depending on the infraction suspend your license.

I had to deal with this when attempting to fight a speeding ticket. First plea agreement presented to the judge he did not like due to prior driving history. Prosecutor told me I could fight it and wind up with big fine and loss of license or plead Nolo contendre and just pay the fine. I cut my losses and plead Nolo and paid the fine.

Watched the kid in front of me fight and instead of a hundred dollar ticket it became three hundred and a three month license suspension because the judge was having a bad day.

Learn what your options are from a prosecutor or lawyer in the state of the infraction and then make your decision. I all I had to risk was the assigned fine or getting let off I would have fought it but with the threat of increased fines and loss of license I cut and ran paying my original fine.

Good luck!

Joel

[kumpy]

Always fight tickets.

[Slyder]

It's kinda like having a GPS corrected speedo, seeing the cop, checking the speedo, seeing your GPS corrected speed, having the officer repeat the number you yourself saw on the speedo, then being the dumbass that still says "I didn't do it".

You were left of center, which is illegal (in NH anyhow, it isn't illegal in VT), he saw you do it, you're potentially on candid camera doing it. If I were you, I'd pay the ticket and be very damn happy you're not in jail with a reckless / negligence charge, on top of the 100mph speeding ticket.

And if you do fight it, and lose, you will most likely pay court fees on top of the ticket, which will cost more. And as Joel mentioned, your ticket can apparently turn into a substantial fine if the judge is having a shitty day.

[G21forme]

I don't believe they can just "increase" the fine. As far as I know all you can be charged for is the fine written on the ticket, plus court fees.

I'm not 100% sure either way so I'd love to hear from anyone who is.

It happened to me in nh, I was fined an extra 100$ for "wasting the courts time". Needless to say I was beyond pissed!

[ZX11D]

I would have paid it already. The chances of winning in court are slim as I see it.

[SRTie4k]

I'd say cut your losses. The LEO already gave you a break, let's not piss them all off with a petty court date and give another one a grudge against motorcycle riders. In my experience, NH cops already go very easy on riders. Let's keep it that way.

[gumby]

Time=$.
Unless you have lots of spare time, you probably have more to lose than gain. Fighting every ticket could cost you more than it's worth.

Based on the events, it sounds like just getting a fine was more than reasonable of the LEO. Pay it and move on.

[NH848]

How much was the fine?

Fine was $75. When I researched the points, I was surprised to learn that passing on yellow was 4 points when speeding <25 was only 3 points.

I failed to mentioned I am already contesting another, more legitimate pass on yellow in Portsmouth. That one is justified though as I was barely going 40 mph on a back road.

I know you can take a defensive driving class to knock off some points. Thanks for all of your comments guys.

[scubasteveRR]

I'm one who believes you should fight every ticket you get. Go to court in a suit(not in flip flops and shorts), state your side in a professional manner, and the worse that will happen is it won't get thrown out. You have zero to lose, and everything to gain. I'd fight it regardless.

I agree with Dip... My first ride out with DucDave, Gaget and myself both got a ticket for the SAME thing. passing someone in a 50mph zone at about 90mph (the ticket was for 85 I think). I fought mine and I won, then gaget won his a week or so later.

The only thing you have to lose is the time it takes you to get there and back.

and yes, the judge can always increase a fine, but I have had MANY tickets and never seen this happen.

I honestly suggest a lawyer if you're really thinking of fighting this one since the ticket is for triple digits... yikes

[BMMCBR]

I'm not sure how things work in NH, but most everywhere else you do not go to "court" when you plead not guilty on the ticket. Yes, you go to the courthouse, but the ticketing officer is not present. You speak to a prosecutor who will hear your plea and make a decision. He can reduce or throw out the fine, or offer alternative non-points payments, or he can tell you to go pound sand and pay it as is. He does not raise the fine, or give you extra points.

IF you decide to reject the prosecutor's offer, then you take the case to court, when the ticketing officer is supposed to testify, and that's when they can fuck you and give you a heftier fine.

So, ALWAYS plead not guilty and speak to the prosecutor. The worst that happens is you're right where you originally were. Taking it further than that... well that's a bigger decision.

But, for all i know, NH might send you straight to court.

[DaveZX6r]

FYI

State of NH the fines on the back of the ticket are recommended fines for the listed infractions. If you choose to fight it and do wind up in front of the judge without a plea agreement with the prosecutor that the judge agrees to the judge has the power to increase the fine dramatically and depending on the infraction suspend your license.

I had to deal with this when attempting to fight a speeding ticket. First plea agreement presented to the judge he did not like due to prior driving history. Prosecutor told me I could fight it and wind up with big fine and loss of license or plead Nolo contendre and just pay the fine. I cut my losses and plead Nolo and paid the fine.

Watched the kid in front of me fight and instead of a hundred dollar ticket it became three hundred and a three month license suspension because the judge was having a bad day.

Learn what your options are from a prosecutor or lawyer in the state of the infraction and then make your decision. I all I had to risk was the assigned fine or getting let off I would have fought it but with the threat of increased fines and loss of license I cut and ran paying my original fine.

Good luck!

Joel

This. If your going to court in Nashua don't bother. All three traffic judges there are very heavy handed with traffic infractions. I went with a lawyer and even she told me as soon as she found out it was laser, don't even bother just plea it down as soon as they see laser on the ticket they treat it like god. Doesn't matter that the guy supposedly got me thru a bunch of trees. They just don't care. If you want to pursue it file for discovery and get a copy of the cops notes. If he wrote down the circumstances you described, the judge is going to nail you to the wall.