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IF MY SPEEDOMETER SHOW A SLOWER/LOWER SPEED THAN I AM...

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Question by PHOENIX RISING
Submitted on 4/3/2004
Related FAQ: FAQ: California Driving (and Surviving)
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IF MY SPEEDOMETER SHOW A SLOWER/LOWER SPEED THAN I AM ACTUALLY DOING--AND,  IS FACTORY DEFECTIVE, THAT, CAUSES ME TO GET A SPEEDING TICKET---CAN I FIGHT THIS IN COURT---PLEASE, SOMEONE HELP ME ON THIS...
PHOENIX


Answer by moris
Submitted on 5/9/2004
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[quote]IF MY SPEEDOMETER SHOW A SLOWER/LOWER SPEED THAN I AM ACTUALLY DOING--AND,  IS FACTORY DEFECTIVE, THAT, CAUSES ME TO GET A SPEEDING TICKET---CAN I FIGHT THIS IN COURT[/quote]

You can fight any speeding ticket in court if you know the proper procedures. Most states do not have any legal provisions for dismissing a speeding ticket because of a defective speedometer. The one exception that I am aware of is Virginia.

However the individual judge/DA can take this into consideration in deciding your particular case. Your first step is to have a certified mechanic give you a notarized statement. Then in California you can do a Trial by Declaration.

However, if you were cited for 15mph over and your speedometer is only out by 5mph you will be found guilty.
Morris
<A href="http://www.speedingticketcentral.com/">
<B>Speeding Ticket Central</B></A>

 

Answer by josh
Submitted on 9/22/2004
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only if you know the proper procedures, nobody wants to tell you the procedure, except a lawyer and he will charge ya, you can go down to the law library which is open from 10:00 am to 2:00 pm and spend hours trying to find it or you can search for hours on the Internet, I did it the easy way and not pay it until you will have a warrant for your arrest, get booked, and get a judgment date (finally) so smart us Americans, the only country who wants to keep your rights a secret

 

Answer by ems
Submitted on 4/8/2005
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You are held reliable for a speedometer that is not showing the right speed because it is most likely caused by your tires being the wrong size (unless they are factory tires in which case it is ford, Honda, etc.'s fault).  the wrong sized tire causes your speedometer to misjudge because it works on Axel rotations/min.  which would not notice a different tire size. today people aren't getting the proper sized tire which results in the wrong speed being produced by the speedometer.  
if it's a factory problem then the factory may be reliable for not only the ticket but other damaged caused by the wrong tire size (over worn engine: using unideal gas amount)

 

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