NobleHeavyIndustries t1_j08p3hp wrote
Class E offense. The maximum is:
- Six months in jail and/or
- A $1000 fine and/or
- A year of probation and/or
- A minimum 30-day administrative license suspension.
The suspension is almost completely assured. The Secretary of State's office will send an envelope to his mailing address, and he'll have to send his license to them. As an administrative suspension, there is nothing he can do to prevent this. If this is the case, it would be a good idea to get a non-driver ID card in the interim. It's hard to get anything done when you don't have a valid ID.
Also, in order to prove criminal speeding, the arresting officer needs to have recorded:
- The stated speed limit of the road.
- The actual speed that the driver was operating at.
- And they need to establish that the speed was more than 30 mph above the legal speed limit.
Based on your information, he was traveling at 33 mph above the speed limit. Radar guns are generally accurate within 2 mph, but radar guns need to be calibrated regularly (every 6-12 months), or they become inaccurate.
As others have said, he needs to talk to a lawyer. This can probably get pled down to just a fine and the administrative suspension, but he won't know until he's spoken to a lawyer.
ripecannon t1_j08qpp6 wrote
Where do you get the information that you have to send you lisence in to the state? I'm not saying you're wrong, but when I lost my lisence for speeding many a moon ago, I didn't have to do anything like that
ZingZongZaddy t1_j09g3ck wrote
You can fight an administrative suspension. You file an appeal with the BMV and an appointment is made for you and the officer to sit down with a representative. You have to argue your case well, but if the officer doesn't show up it's likely to be dismissed.
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