Strange.
The link says this:
Anyway, I walked in thinking I was facing a garden variety speeding ticket and instead was told that my client was charged with a whopping 200 mph speeding ticket. Of course, after the excitement for me of fighting such a ticket, I learned of the explanation of the “200 mph” charge and, more importantly, I was able to get this ticket dismissed as defective (i.e., based on the failure to allege how fast over the 55-mph limit my client was proceeding).
Riiiight, ok, following so far. But if the state could provide evidence that the only way that error would result is IF the car was traveling faster than 200mph, I'm not sure about dismissal.
Analogy: A guy is charged with breaking and entering with intent to steal over $250 of stuff, plus larceny of over $250 of stuff. The victim can testify "oh, that was worth this, that was worth that, yadda yadda." The defense can certainly try to contest the value, but the prosecution does not have to prove the exact value of the stuff. It just has to be over the limit (which is usually the distinction between misdemeanor B&E/Larceny and felony), and witness testimony will do.
I suppose it must have came down to the wording of the statute, but even then I'm not sure. If there were different penalties between, say, 50-100 over, 100-150 over, 150-200 over, and so forth, they could simply pick the lowest one they could prove and go with that.
But then I don't do tickets.
