1st ticket in 11 years-Should i FIGHT?

I agree with Krusty40.

If ya' know the judge, another cop or a figure of influence ask for a favor. If not, get a lawyer.

As much as most of us hate them, I'd rather pay an attorney for working for ME, which is to prove my innocence (backwards from the way it is supposed to be). Also, I'd rather pay a higher fine for a lesser violation, which they normally can negotiate for. The increase in insurance rates will kill ya'. And.....what did they do to deserve more $dough$. Not a damn thing.

 

http://www.ticketassassin.com/whyfight.html

 

I was thinking the same thing. Unfortunately you're still in the wrong. I watched a guy fight a ticket in court one day. He was nailed by a small town cop whose community milks travelers on the Ohio Turnpike for all it's worth. After talking all of this shit that they tell you in these How to Beat a Traffic ticket books, The judge asked him how fast he was going. He admittited to 66 in a 65 zone, so the judge fined him $200! for going 1 mph over the limit.

When I've been popped for speeding, I just pay the fine which doesn't include court costs to the Clerk of Courts. No actual court appearance is necessary, at least in Ohio. In the long haul it's cheaper and less hassle than fighting for a losing cause. I'll save my "principals" for more important matters.

Jan

 

SOME of you guys aren't feeling me. I never said i was going 57 in a 45, THE COP DID. The van next to me blew by as i looked up and saw the cop in the mirror(before i decellerated). And remember the part where i said to myself, at least it's NOT for speeding, or he'd got the van instead?

 

fight it ...

I have fought several , although it has been some time since my last
meeting with the police ..

I have had many thrown out, --I did my home work real well in every
case ..

Every city /state / township /etc. has different set of rules
Take the time to find out things like,
speed limit sign's
placement of signs
how many hours was officer on duty
how did he "track" your speed

Find a loop hole, call witnesses ..call cop to witness stand
he flubs what he says..nail him
bring photos --good quality


remember ... its called balance of evidence

If you have more then them , you win

Most judges will be fair , your excellent record is one of your best tools

bring it , pound it home how you cherish that ..and how much effort
it takes ..and you would not jepordize it

You can win it

 

Is California an ABSOLUTE/zero tolerance state, or is it like many others..allowing a 5 mph "speed error"?
IF it allows the 5 over it is very easy to get off as you are actually very little over the allowable speed....
It is really as simple as proving the speed limit sign is not properly placed ,as I mentioned above- they WILL dismiss the case..
my "trial" lasted an hour ,and in that time I shed enough grey on the officer and the traffic code that the judge ruled in my favor....

 

Judge? HaHa, I got popped for speeding in Ohio as a kid. I was
working at a gas station at the time and the owner/my boss was
the mayor/judge. Went to court? in my work uniform and told him
I wasn't speeding. He fined me $20 more than the 2 speeders
ahead of me and told me to get back to work... Next couple
of police cruisers in for service got some kerosene with their oil
changes. Seems funny now,but it really sucked at the time.

 

Most cities have squad cars equiped with cameras now.
Maybe the cop that stopped you has one that would have recorded the van going faster.
He may have not expected a guy your age to be driving the car and thought it was some smart ass punk that he could get for more?!
As far as the sign deal, There is a 4 lane divided road near me that had a section changed from 55 mph to 45 mph for no apparent reason. I don't think most people even realize it! It seems like a stretch of road made to be a speed trap. 2 miles farther up the same road, there's a section that one direction is 55mph, and the other is 50mph! Maybe they have changed the speed limit where you were driving since you last paid attention to the signs.

 

I'd be concerned about becoming a "target". I have know idea what the police is like out there. But consider that your shop is right there. I wouldn't want it to become a big stink so that they are always watching out for "the troublemaker with the old hot rods".

Defiantly not telling you what to do. Just something to consider.

 

Groucho,

What you haven't told us is, in fact, How Fast You Were Going..Forget what the Van was doing, How fast were you going?

Just how far did you travel before you were stopped? 1/2 mile? 1 mile? 2 miles? Just how far back from where you stopped are the signs?

You say you have the "High" altered wheelbased car, Have you "Altered" your tire size and re-calibrated your speedometer to reflect the change?

Another point, you say you have done this 1000's of times for 15 years. Could it be that this is the first time a cop was behind you, and did see that perhaps you have been speeding on that stretch?

Personally, I just see some un-answered questions..

If you are in fact innocent, then by all means plead Not Guilty. If not, well do what you have to do.

 

Groucho, this is what i have to say. ALWAYS fight it. you can definitly win this case dude. all you have to do is put an idea of Doubt into the Judges head. take pictures, and get your car calibrated (from a Triple A authorized shop) i was told by a cop that only a triple a authorized shop who calibrates cars is considered noteworthy in a case. prove the cop wrong dude. it's more than possible. get all of the extensions to pay your ticket even, by the time you get to court to fight it it's about 6-7 months some times more and the cop won't even show up. i've done that personally. ALWAYS FIGHT!

 

another thing Groucho, ALWAYS ask the cop if you can A) see the Radar B) if he paced you C)what type of radar. you can fight the radar depending what type it is and the LAST time the radar itself was calibrated. and if he Paced you, you can try to fight it if you know he's full of $HIT and making up a story of how he saw you and paced you from point A to point B and it takes this long...

 

No speedo at all, just a tach. I don't know how far i traveled. He hit the siren, so i can only assume he hit the lights only, and when i didn't respond, he hit the siren. I don't know how fast i was going, but know the other car was going faster. So, if i'm speeding, and the other is speeding more, why me? He says he hit me with the radar. Is it possible he got the signal off the faster car?

 

Fight it. Every state is different, many counties & municipalities are different. Learn your rules.

Find out how to request a continuance. Some places you can do it by phone, some you have to do it in person, some in writing, & some in court! But get a continuance. Then try to get another. If you can get a few of them, you stand a much better chance of the cop not showing up when you do go to court. If the cop doesn't show up - it's pretty much a slam dunk on getting thrown out. It's called "lack of prosecution" or "failure to prosecute" - basically, there is no witness against you.

Research everything you can, dress well, be polite & courteous in court, watch the judge & preceding cases. Try to get the feel for the judge. Present your case without emotion & in a logical progression. Take your cues from the judge.

Even if the cop shows up, if you can drag it out with continuances, he may not remember you at all. If not, he's supposed to say so & the judge will throw it out, but most cops won't do that. They'll try to read from the ticket. He has to demonstrate his knowledge of the case - ask him questions like what you were wearing, what was traffic like that day, does he remember the blue car that drove by, etc. If you can demonstrate that he doesn't really remember the situation, he might as well have not even shown up.

I'm 13-1 in court...all but two cases (the one I lost & one other) were simply won by the cop failing to show up due to me getting multiple continuances.

 

On this winding, mountain road, it seems difficult to radar or pace. But, what the hell do i know? Just seems weird he pulled me over for speeding with a faster car in the very next lane. I'm thinking he detected my disbelief on the speed part, and added the swerving as a "plan B"

 

DO NOT use the phrase "test driving" when talking about public roadways, it will not be in your benefit. I worked for a major auto supplier and if a newbie got stopped for some reason and used the words "test driving" it was a guarnteed bust. Laws on most books ref. testing/events of speed/etc. on public roads as wreckless driving, etc.

 

Yeah, I think thats why I won because it showed he was being irrational for making me do that, and the "finding something wrong with my car" comment just showed that he had a hard-on for me and was trying to be a jerk.

 

No, it isn't that. I believe you. But the cop said that you were going 57 and unfortunately his word carries weight in court over yours. I'd be skeptical of asking for a bunch of continuances also. I only have the Ohio court system to go by, but our judges HATE continuences! I was arrested for a DUI many years ago, had my lawyer keep asking for continuences...postponing the inevitable, and after granting #3, the judge was pissed! I was stopped the first time that I entered the the town...my garage/ car lot was on the outskirts, searched and had 2 or 3 Darvocets in an unmarked pill bottle. I have to take several different meds per day and carry them with me in one bottle. Darvocets are at the bottom of the pain pill chain, but I was busted for possessing narcotics in an improper container...a class 3 felony. That charge was dismissed as soon as I went to court after I showed them the legit 'script. But I found out through my attorney that the arrest was a payback for those continuences.

Just do what you think is right. IF you feel you have a chance to win, do what you can to do so. But don't cut your throat to spite your face over a speeding ticket.

Jan

 

FIGHT GROUCHO FIGHT!!! it's obvious you car stands out, it's GREEN, Louder then Hell probably and pretty much just looks like it's hauling A$$ standing still. prove the cops a "Schmuck" and your a "Victim" of harasement. your clean record shows your a good driver. i say you add a speedo, get the car calibrated and show that to the judge saying your speedo reads True MPH, and tell him you were going the posted speed limit. take pictures of the Speed signs, any Obstructions infront of them. any pictures of type of evidence that shows that the cop may be in the wrong. it never hurts to fight the ticket. and thats the problem with alot of people, they figure that they're going to instantly lose the case cause who can beat a cop, RIGHT?? WRONG!!! "INNOCENT TILL PROVEN GUILTY" deny everything!

 

Since you only have one ticket in 11 years you really have nothing to lose by fighting it, even if you can't go to traffic school. One ticket in 11 years is not going to raise your insurance or put you in danger of losing your license. If you had 2 speeding tickets in a year or something like that, I would probably just pay the fine and go to traffic school to avoid getting a 3rd ticket.
I got a huge ticket for racing when I was like 19, and I did hire a lawyer who was able to get it dropped to a regular speeding ticket.
That was like an automatic 2 or 3 points on my record if I would have been convicted of "engaging in speed contest" and a chance of losing my license, so in that case it was well worth it to hire a lawyer. But In your case, I think I would save myself the money of a lawyer and just give it a shot fighting it.

 

Trust me, i have no intention on asking for a continuance. For what little is involved here, i can't imagine what i'd say if the judge asked WHY!! I have NO reason to ask, and would feel dumb as a stick for asking. The BIG thing here is, if i lose the right to Traffic School if i fight and lose.

 

Were it me, I'd go to traffic school to assure keeping the points off.. After that DUI I mentioned, I had to do traffic school to retain my license. Here in '88, it cost about $75, lasted 12 hours and all that I did was BS with Driver's Ed students, go outside for a cig or read a rod mag. I didn't drive a thing and brought Diet Coke and snacks with me...

Good luck!

Jan

 

The only reason i consider fighting is because of dumb luck, What, if after 11 yrs of no tickets, i get another one right away that CAN'T be fought?

 

Groucho,,
Expect a 190.00 dollar fine. DO this write "Not guilty" on the check.
Write a letter that state you want to do a trial by declaration.

The reason you start this is, that the cop don't get paid for sending in his trial by declaration, he get paid for going to court, apparently there is a 30% he won't do the for and you free.
if the Trial by declaration doen't work you can the ask for a new trial i court.

They'll send you the for for the trial by declaration. In this form you state the facts.
I am in the same process of doing this and am waiting for the outcome. Im crossing my fingers, my last ticket way about 97 but I did have an accident about 2 years ago.

I just stated that "I was not speeding, there must have be a error in the cops laser or radar he was using"
Anything you write will come back to haunt you so you must state as little as possible. If you go to the new tril because of the unfavorable outcome then they'll use anything you say against you.

I too don't believe I was speeding, the cop was in oncoming traffic and moving while using a laser gun, which don't work.


O yeah and bottom line you can always request traffic school as long as you haven't had it in the last 18 months. There are plenty of fool out there with no licenses or insurance let alone registration, any they have to mess with us HAMBERS!

 

My point here was that i'm no stranger to the speed limits in this stretch. I can't believe that cop has as much experience as i do on this road

 

Consider this a tax for driving. Remember, 99% of the time you WILL be found guilty or the time and the cost involved beating a ticket is worse than paying the fine even if you're not. It's your choice. Right now, I'm working off 2 speeding point earned by going 70 in a 55 zone 3 years ago. We were going to my roommate's Brother's funeral...honestly, and I was incorrect in the time that we had to be there . To make matters sillier, I was driving a '93 Ford Police Interceptor Vic at the time.. I told the truth about the funeral, but the OSP didn't care. I still speed but am more careful of the location. The trick is to know when and where you can run hard. I also think that the altered wheelbase tall car likely didn't help you with the cop either.

BTW,if I could rent "driving school" at Blockbuster... , there wouldn't even be a question as to what I'd do. Being convicted of speeding isn't exactly the end of life as you know it.

 

I got busted test driving a customers car when working 65 in a 45 zone. I went to court and used the test driving excuse and the judge said if I am a tech and have been doing it for over ten years then I should know better than to speed. Threw the book at me and man did it hurt, $325 fine and was found guilty of speeding. I was still able to take traffic school to keep the points off my license and was told if I got a ticket within 18 months from completion of traffic school, I would not be able to take it again and the points from the first ticket as well as the new ticket would go right onto my license.
Needless to say but now I stay close if not under the speed limits.
I say fight it but chose your words carefully.
You could always try the over paying of the ticket deal.

 

If you know more law than the judge, fight it personally. Otherwise, hire a lawyer.

Here in OKC, we have very active city counsel. We had a speed trap that was causing problems, and our neighborhood association asked to have it removed. It took about three months, but the cops moved someplace else to molest people. Our representative made all the motions to get the right traffic signs in place (such as a 24 hour school zone sign removed).

 

Fight it : Show up in court early, wear a tie, sit on the front row, be polite ,
prepare your defence internet guide lines will help.Be positive and say good moring or afternoon to the judge. You wont believe the low life bums he has to deal with. A lawyer friend of mine gave me these tips. It worked for me.
I beat my first ticket in 20 years last month.
Blaine

 

I'd fight it. You can establish you know the road well and there was a white van that blew by you. Is your car white? If he was busy doing something other than watching the road and his radar went off and all he saw was white and your car was white, you got tagged because your car is white. If it is white.

Also I'm 99.99% sure that radar is legally only a confirmation of his estimation of your speed. If he says the radar caught you and he didn't estimate your speed first, you can beat this.