Expert: Timmy Chou - 4/17/2011

Question
I recently received a speeding ticket for going 54 in a 35. I feel more than positive that I was not going this fast. I also double checked and found the speed limit was 40, not 35. He used a radar gun and said I was going 54 over a specific intersection, not over an extended period of time. What can I do to increase my chances of winning this and not being fined. It is a new camaro that I have had about a week. I may have been going a few mph over 40, but definitely not over 45. Any advice?

Also, it is possible my speedometer was not working properly. I will verify this with a mechanic. If this is the case, will it help or hurt my chances of getting it dismissed?

Answer
Thank you for your question!

As I always mention, Mediators act as neutral third parties to disputes and never "get involved" in judging the merits of conflict, but merely use special techniques to help the parties decide how to negotiate their own settlement.

The case you describe here is in the realm of criminal law I'm afraid.  I am not an attorney and do not know the best way to proceed.

Note that this issue will indeed have legal ramifications and you may wish to consult a criminal attorney.

For your information, the pros and cons of the types of dispute resolution methods follows.

GOOD LUCK!

Arbitration, Mediation, and Litigation

Arbitration: the referral of a dispute to one or more impartial persons for final and binding determination outside of the judicial system

Benefits of Arbitration:

Confidential, no public record
Limited exchange of documentation, information
Quick, don't have to wait for a court date
Arbitrators have expertise in the subject matter and are trained in conflict resolution
Cheaper than litigation
Preserves business relationships

Negatives of Arbitration

It's a compromise, no %100 winner
Complex arbitration can be costly
If not satisfied, may litigate the arbitration procedure
Poor results with an unskilled arbitrator
Both parties must agree to cooperate in the process

Mediation: the process by which parties submit their dispute to a neutral third party (the mediator) who works with the parties to reach a settlement of their dispute.

Benefits of Mediation:

Neutral mediator can objectively suggest alternatives not considered before
Parties are directly engaged in negotiating the settlement
Can be quicker than litigation
Less costly than litigation
Preserves business relationships
85% of American Arbitration Association cases mediated find successful solutions

Negatives of Mediation

may not reach a binding decision
unskilled mediator

Litigation: using the judicial system to resolve disputes

Benefits of litigation:

a clear winner and loser
uses a prescribed set of procedures
more predictable outcomes
is final

Negatives of Litigation:

waiting for court dates can do more harm
usually more expensive than mediation and arbitration
part of the public record