ticket for speeding, HELP!

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ZeroKarma

ticket for speeding, HELP!

Postby ZeroKarma » Sun Aug 03, 2003 3:12 am

I was stopped for going 75 in a 60. (even though a witness in the car says he watched my speed at 69)
the cop was in front of me and then he started to slow down and so I passed him (unknowing it was a "cop") it was 1:42am so he was the only other car on the highway. he gave me a ticket. i read it, he got my phone number wrong on it which he had it written correctly on my registration, he put 1:42PM rather than AM. which if the courts seen that they would say I was operating at unsafe conditions for the traffic at that time.

can you really use a radar gun while you are traveling at about 50mph? I thought you had to be stationary.

radar guns, "unrealiable"? you have to recalibrate them after every "clocking of speed" so they read out the correct amount of speed?

I asked him how he could tell I was going 75 and he said radar, but he wouldnt show it to me. and was talking to me like I was stupid and couldnt comprehend a stupid radar gun, I hope he leaves it on and has it pointed twards his lap. :ar15:

the weather was clear, the roads were dry, I was going 69 cause I determined it was the safe speed for no other cars on the highway at that time. plus its a very straight highway.

I asked the cop how much over the limit is considered "speeding" since this was a downhill highway, everyone coasts.. he said 1 mph over the limit is illegal. I wanted to smack him, but I kept my cool and was like, oh I didnt know that sir, I am sorry.

Anyone have advice?

~Zerokarma


maybe I do have karma and its very bad...

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Postby Lord ZOG » Sun Aug 03, 2003 6:25 am

Slow down.

Pay more attention.

Learn to recognize police cars.

Take public transportation.
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Postby Camel toe joe » Sun Aug 03, 2003 9:12 am

Depending where you live and what happens if you get a speeding ticket...someplaces all you have to do is pay a fine I know in NJ, when I got a speeding ticket it addedpoints to my insurance, which means I have to pay a penilty on my insurance for 3 years, not to mention the fine. If it is just the fine no big deal but those damn insurance points are a real bitch I once got a lawyer so I could fight the ticket...damn speed traps...anyway the lawyer got it dropped to another offense where I still paid a fine but no points still very expensive... :(

Freedom

Postby Freedom » Sun Aug 03, 2003 10:58 am

If it's true that the radar gun said you were going 75 then you were definitely going 75 +/- 3 mph.

As for the "safe" speed for a clear road with a posted speed limit of 60 is 60. There are only two situations where it is "legal" to speed: 1) when you have a police escort, and 2) when ALL traffic is exceeding the speed limit and for you to travel the posted limit would put everyone in danger. This last one is still a little subjective.

Trying to get off on the technicalities like wrong phone number and time might work. It could show that the officer wasn't paying attention. However, it could also bite you.

If I were you I would just pay it.

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Postby Jeffro » Sun Aug 03, 2003 1:18 pm

Shoulda just shown the officer your ass! :lol:
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Postby NightStalker453 » Sun Aug 03, 2003 1:39 pm

Ticket for speeding? Hmm... i only get tickets for having my music too loud, just pay it if u try to fight the court u will see its just a waste of time cuz they always win... i know.

Cpl. Bingham

Re: ticket for speeding, HELP!

Postby Cpl. Bingham » Sun Aug 03, 2003 2:05 pm

Originally posted by ZeroKarma
I was stopped for going 75 in a 60. (even though a witness in the car says he watched my speed at 69)


I judge won't consider any witness you personally call on as reliable.

the cop was in front of me and then he started to slow down and so I passed him (unknowing it was a "cop") it was 1:42am so he was the only other car on the highway. he gave me a ticket. i read it, he got my phone number wrong on it which he had it written correctly on my registration, he put 1:42PM rather than AM.


The ticket could get thrown out on these issues alone. Tickets usually need to be spot on, so if you do fight it, make sure to point out these errors.

can you really use a radar gun while you are traveling at about 50mph? I thought you had to be stationary.


You can use radar guns while moving. The radar gun calculates how long it takes a moving object to pass the beam. If the cop was going 50, and the radar gun recorded you traveling at 25, then your combined speeds indicate you were traveling at 75.

radar guns, "unrealiable"? you have to recalibrate them after every "clocking of speed" so they read out the correct amount of speed?


Radar guns are very reliable these days, and don't have to be calibrated very often at all.

I hope he leaves it on and has it pointed twards his lap.


Radar guns don't emit cancer-causing radiation anymore

the weather was clear, the roads were dry, I was going 69 cause I determined it was the safe speed for no other cars on the highway at that time. plus its a very straight highway.


There is a posted speed limit. The law doesn't care what you "feel" is the safe speed to travel at, no matter what the conditions are, how much traffic there is, or what time of day it is

I asked the cop how much over the limit is considered "speeding" since this was a downhill highway, everyone coasts.. he said 1 mph over the limit is illegal. I wanted to smack him, but I kept my cool and was like, oh I didnt know that sir, I am sorry.


Smack him for what, telling you what you should already know?

Burningwick

Postby Burningwick » Sun Aug 03, 2003 2:07 pm

There are different types of radar guns. Some do have to be stationary while others can be used from a moving vehicle. I doubt he even needed to use a radar gun as he was able to pace you. His estimation of your speed is probably more accurate. A passenger always has a skewed reading of the gauges due to their angle. Furthermore, most car's speedometers are off right when they roll off the assembly line. Granted, the vast majority over-estimate your speed. If you changed the size tires on your car, or your car is older this could have thrown off the speedo further.

That's all beside the point, you want to know what to do now. You can just pay it which you'll most likely end up doing. If it's your first ticket, it's not a big deal. Most insurance companies won't raise your rates over one ticket. Most will never know about a ticket unless you make a change to your policy or you make a claim on your policy. The ticket will be on your record for three years.

You can try the old trick of showing up on your court date to try and fight it. If the cop doesn't show up that day, you're off the hook. In some places (like Kansas), you can call the prosecutor before-hand and have some good story ready to go. They might have some alternative punishment. Here, they double your fine (:( )m but change your speeding ticket to a parking ticket (:D ) so it doesn't affect your insurance. That's about all the alternatives I know for your situation, besides leaving the country, abducting the cop, changing identity and whatnot. End of Volume 1.

A Hungry Croc

Postby A Hungry Croc » Sun Aug 03, 2003 9:16 pm

You passed a cop at that hour? He was probably so bored, he would have stopped you for improper use of signals.

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Postby Folic_Acid » Sun Aug 03, 2003 10:15 pm

If it's your first ticket, or your first one in three years (the usual period for keeping such things on record), you can inquire about something called a "prayer for judgment."

The gist of this is that you are sort of admitting guilt, but you're basically promising not to do it again within three years. The ticket is then noted on your record, but you don't have to pay a fine, and you don't get insurance points for it. If you don't get another ticket in three years, the ticket is completely expunged from your record. If you do, then the second is valid (but can be fought, of course) and the first ticket is reinstated.

Alternatively, you can try to speak with the prosecutor, and have the ticket reduced to a "safe moving violation," which (at least in NC and VA) carry a much lower fine, and no points. In NC and VA, 15 mph over the speed limit is considered "reckless driving," and can cost you big. I'd do what I could to get it taken care of, if I were you.

My $.02,

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Postby RCglider » Mon Aug 04, 2003 12:03 am

My wife got out of a speeding twice. One was the ticket had the AM and PM switched. She said "yes your honor, I was speeding, but not at 9:00 PM". The judge threw it out. Well, you'd have to know my wife, I'm sure she added a thing or two.
The other she was on the expressway and the statie pulled up behind her from a long back, followed her for a short distance, pulled her over and issued the ticket. She went to court and asked the judge if it was legal for police officers to break speed limit laws .....hehe....enough said. She got out of that one too.

In your case, she'd probably argue a) the ticket was written improperly and b)say something like "how can the court be assured the officer was operating the radar gun properly if he made two mistakes on the ticket".
You may be surprised how sloppy calibration documentation can be.

Well, first you need to determine how this will affect your insurance. 15 over in Michigan is bad news, so I'd probably hire an attorney (edit: no, I wouldn't hire a shyster....err attorney) or learn how to fight it using legal methods, albeit a learning curve. For the heck of it, go here:
http://www.ticketkiller.com/?source=overture

I once had a ticket for expired tags and was instructed how to get out of it, but got wet feet once in court and gave up (got completely tongue tied). Be prepared and good luck.

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Postby Face » Mon Aug 04, 2003 12:19 am

Before your appearance in court, ask the court clerk for the forms to request paperwork for:

* The calibration of the radar gun
* The officer's certificate of radar training
* The maintenance records of the radar in the car
etc
etc
etc

If they don't give it to you, or the records show something past date, like the officer's training, the judge should throw it out.
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Postby Wairudo Enjin » Mon Aug 04, 2003 1:28 am

Originally posted by Folic_Acid
If it's your first ticket, or your first one in three years (the usual period for keeping such things on record), you can inquire about something called a "prayer for judgment."

The gist of this is that you are sort of admitting guilt, but you're basically promising not to do it again within three years. The ticket is then noted on your record, but you don't have to pay a fine, and you don't get insurance points for it. If you don't get another ticket in three years, the ticket is completely expunged from your record. If you do, then the second is valid (but can be fought, of course) and the first ticket is reinstated.

Alternatively, you can try to speak with the prosecutor, and have the ticket reduced to a "safe moving violation," which (at least in NC and VA) carry a much lower fine, and no points. In NC and VA, 15 mph over the speed limit is considered "reckless driving," and can cost you big. I'd do what I could to get it taken care of, if I were you.

My $.02,

-F


There is something similar to this in other states called 'no lo contendre' (sp?) ie pleading 'nolo'.

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Postby shockwave203 » Mon Aug 04, 2003 1:59 am

I really hate when people try and fight speeding tickets. I have friends who have fought the tickets, and I just tell them what I'm going to tell you.

You were speeding. You were caught. Pay the bill and learn your lesson.

Maybe next time you'll be more careful?

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Postby Mugzy » Mon Aug 04, 2003 8:10 am

This is one thing I love about Texas.

Get a speeding ticket and if you have not had another in the last year, you just a defensive driving class and pay a fine. You then get 10% off your insurance and the ticket does not show up on your record.

There is also Deferred Disposition where you pay the fine, and if you don't get caught for a year, nothing goes on your record.
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