https://www.avvo.com/legal-answers/authorized/how-do-i-get-out-of-a-speedometer-violation--4984935.html?answered=true
How do I get out of a speedometer violation? I got stopped for speeding, at the time I
didn't know I was speeding, my speedometer read the speed limit. The officer
understood and gave me a speedometer violation instead. This still carries 2
points off an incense. I can't afford the insurance from the lost of points. I
replaced the speed sensors in my car also. Is there any way I can get out of
this? 1 attorney answer
Jay K. Nixon, Licensed for 40 years, Avvo Rating: 10 Criminal/traffic
Defense Attorney in Janesville & Kenosha, WI
Defective speedometer is not a moving violation, but instead
a non-moving equipment violation. It’s only two demerit points with the DMV, so
you might consider whether you really want to fight it. An experienced traffic
lawyer might beat it at trial, but do you really want to try? The prosecutor
might consider amending the charge back to speeding, of which you were
apparently guilty. Unfortunately, there is no requirement that you were deliberately
speeding, since doing so by accident or mistake (due to your own faulty
equipment) is not a defense to the charge. Minor infractions like lower level
traffic are more regulatory that punitive, with lower penalties, so the
traditional need to prove evil intent is absent. Sorry for the legalese, but defective
equipment is "malum prohibitum," rather than "malum en se,"
meaning prohibited for regulatory purposes, rather inherently evil like murder
or child abuse. One the other hand, for something like murder, an honest accident
or mistake is actually a defense in criminal murder prosecution by the
government (but not a defense in a private civil negligence/personal injury lawsuit
for “wrongful death” in a car accident, for example).
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