It's a little bit of a story, but basically I was trying to avoid having a truck sideswipe me (it was swerving around in it's lane, and I was unsure if it was going to change to the right line where I was) by driving about 1/4 in the shoulder and getting on the gas to pass the truck (there was traffic behind me). During this incident, the speed limit changed from 45 to 35, and I was traveling 54.
That was the situation, this is my question. If the cop was sitting in a 35mph zone (his car physically placed there), but read my speed at 54mph 602ft from his location, and I was in a 45mph zone at that distance from the cop, could I fight this ticket in court and win? He wrote that I was a 35mph zone, but I'm not sure that I was in a 35mph zone when he took my speed.
But I also want to make it clear that my speed was 54mph, in an effort to avoid an accident. The cop also said, when I mentioned that I was trying to avoid the truck, "Yea, I saw that." I remember this distinctly because I thought that perhaps if he saw the truck swerving into my lane, he would have seen reason in my actions and let it go. But nevertheless, he didn't.
What do you all think of this? Do you think I could fight this in court? If not, or my chances are slim, then I'll try to get this deferred as this is my first ticket.