View Full Version : Defense For A Speeding Ticket
Bone_ThugZ
05-17-2006, 05:39 PM
I just got a speeding ticket today, on my way to lacrosse practice, going 78mph in a 65mph zone. It amounted to $244 and that is just too much money for me. I have decided to go to court with it. I was wondering if anyone who has been in a similar situation or with an intimate knowledge of this type of thing could help me mount a defense. Some background info:
Teen driver, live in Connecticut, license a little less than 3 mos, no previous tickets, infractions, warnings, etc...
It was right by an offramp where 3 police cars were waiting and all pulled over a vehicle within 3 minutes of each other...
I have heard that since you are the defendant in this case you are allowed to look into certain of the issuing officers record, one being radar gun certifications. If it is not there or out of date, the whole thing is null and void. Is this true or false? If so how would I go about getting these records?
Thanks for all the info and any help you can provide!
lax@wwu21
05-17-2006, 06:31 PM
Wow, that sucks. Maybe you'll learn not to speed. Just because you turn 16, doesn't mean you are ready for a license.
Here's your problem:
Teen driver
License a little less than three months
You haven't had any time to get any other infractions, because you've had your license for a little less than 3 months.
In my hometown, there was recently an accident.
This girl had just gotten her license about 24-36 hours before this occured. She had a school friend (you're not allowed to have a peer in the car until you've had your license at least a year or 18 whichever comes first). She was flying down a rather large road at over 90 MPH and slammed into a car that had pulled off to the side to talk on the cell phone and hit him so hard that her car (new BMW) split in half and one end was found over 250 feet down the road.
This stupid piece of crap girl was not hurt and neither was the passenger, but the man in the car was killed. She got off of the charges and received only a slap on the wrist in comparison to what she should have gotten. She killed a man and broke the law, speeding and having a non-guardian passenger.
So after all of that, you should tell your parents (if you haven't already), hope they don't take your car away (I can't believe that parents give cars to their kids right after they get their licenses) and try and work over the summer so you can pay for your ticket. 13 over is no laughing matter and it seems that you didn't learn your lesson, but rather that there are ways of getting around having to pay.
I bet that since that where you got a ticket is a common speed trap, the cop's speed guns will be spot on as far as regulations and updates...good luck.
Bone_ThugZ
05-17-2006, 06:37 PM
I bet that since that where you got a ticket is a common speed trap, the cop's speed guns will be spot on as far as regulations and updates...good luck.
I'm not dumb enough to speed through an area that is a "common speed trap". It was just some jerk cops trying to meet their quotas by pulling over the first people they see.
Also, don't go all high and mighty on me about speeding because I've yet to meet a driver who doesn't do it. I would bet the $244 this ticket might cost me that I am a better driver than you. Thanks for playing though.
Longpole5435
05-17-2006, 06:40 PM
Where in CT you from?
unta8
05-17-2006, 06:47 PM
Good job for no previous violations in your 3 months time. Thats a real accomplishment. And when your going 13 over, cops aren't meeting their quota, they're protecting other citizens who are worth probably a good deal more than yourself. Thanks for playing though.
Longpole5435
05-17-2006, 06:48 PM
Good job for no previous violations in your 3 months time.
Do I detect sarcasm :chuckle:
Didn't take you much time BoneThugz
lax@wwu21
05-17-2006, 06:49 PM
Wow, You've been driving less than three months...I've been driving for almost five years. Thanks for playing though.
What kind of car do you drive?
how bout you use your edit button? kay... thanks
OK! Sorry about the double post... :dummy:
I'm not dumb enough to speed through an area that is a "common speed trap". It was just some jerk cops trying to meet their quotas by pulling over the first people they see.
Also, don't go all high and mighty on me about speeding because I've yet to meet a driver who doesn't do it. I would bet the $244 this ticket might cost me that I am a better driver than you. Thanks for playing though.
Why don't you be a leader, not a follower?
lax@wwu21
05-17-2006, 07:01 PM
Not dumb enough to get caught by a "common speed trap"...what exactly did you get caught by? There were three cops there.
"It was right by an offramp where 3 police cars were waiting and all pulled over a vehicle within 3 minutes of each other...:"-Quoted for emphasis...
Mavido
05-17-2006, 07:02 PM
I'm not dumb enough to speed through an area that is a "common speed trap". It was just some jerk cops trying to meet their quotas by pulling over the first people they see.
Also, don't go all high and mighty on me about speeding because I've yet to meet a driver who doesn't do it. I would bet the $244 this ticket might cost me that I am a better driver than you. Thanks for playing though.
Ok, in three months, im sure you dont have a clue what the local speed traps are.[/quote]
Also, you may think your a great driver... but at 16 your all piss and vinegar. You think you can do anything just because they gave you a little card that says you can drive. That little card means that you took a few hours of drivers ed and took a test thats easy.. Thats all! Doesnt mean you can drive a car properly. And going 13 over on a road not ment for that speed. I highly doubt that in drivers ed you practiced speeding. Your not used to handeling the car at those speeds. Might not seem like a big deal but it is.
Now yea, I got my 58 in a 45 a few months back. But I also spend 3 or so hours in my car a day. I drive far more then most kids my age. Because im a car nutt.
Pay your fine, deal with it. We've all had to do it. Getting away with this with out paying.. you will learn nothing.
And if your parents take your car away for the summer. Good. Walking for a few months will make you appreciate your vehicle.
carolinafreak
05-17-2006, 07:05 PM
you sped, that's illegal. pay the ticket :dummy:
ColtsLax
05-17-2006, 07:08 PM
see if you can plead to a lesser fine. ive done it once. but you need a lawyer. Otherwise, dont go to court, because it will cost more then 250. they add court fees and such so you looking at about 350-400
Bone_ThugZ
05-17-2006, 07:12 PM
Not dumb enough to get caught by a "common speed trap"...what exactly did you get caught by? There were three cops there.
"It was right by an offramp where 3 police cars were waiting and all pulled over a vehicle within 3 minutes of each other...:"-Quoted for emphasis...
A common speed trap is somewhere that cops OFTEN sit waiting to pull people over. Just becausae there were 3 cops there doesn't mean that they OFTEN wait there. I have never seen a cop there before.
Ok, in three months, im sure you dont have a clue what the local speed traps are.
I've had my license for 3 months. I've been driving for over a year and 3 months. This is the highway I drive on multiple times a day. I know where the cops sit. Mavido you're what, 17? Me too.
Also, you may think your a great driver... but at 16 your all piss and vinegar. You think you can do anything just because they gave you a little card that says you can drive. That little card means that you took a few hours of drivers ed and took a test thats easy.. Thats all! Doesnt mean you can drive a car properly. And going 13 over on a road not ment for that speed. I highly doubt that in drivers ed you practiced speeding. Your not used to handeling the car at those speeds. Might not seem like a big deal but it is.
Now yea, I got my 58 in a 45 a few months back. But I also spend 3 or so hours in my car a day. I drive far more then most kids my age. Because im a car nutt.
Pay your fine, deal with it. We've all had to do it. Getting away with this with out paying.. you will learn nothing.
And if your parents take your car away for the summer. Good. Walking for a few months will make you appreciate your vehicle.
I really don't want to listen to all of you tell me how I'm a bad person, to just pay the fine, or the moral impropriety of driving over the speed limit. I asked for suggestions on fighting a speeding ticket and that's the only input I want. If you have something else to say, keep it to yourself. THANKS.
lax@wwu21
05-17-2006, 07:20 PM
I really don't want to listen to all of you tell me how I'm a bad person, to just pay the fine, or the moral impropriety of driving over the speed limit. I asked for suggestions on fighting a speeding ticket and that's the only input I want. If you have something else to say, keep it to yourself. THANKS.
We're not saying that you are a bad person, and we're not lecturing you on the moral "impropriety" of speeding. We're talking about you breaking the law and being responsible for your actions...
HdGLaxWarrior
05-17-2006, 07:41 PM
Hopefully the cop wont show. Good luck man.
enjoi
05-17-2006, 07:42 PM
I'll be honest: you should have just taken it like a man. :(
slinkyspine
05-17-2006, 07:46 PM
If the cop is busy, no ticket.
Find out if he was using radar. And if he was and there was other cars in the area.
Say that you were going the speed limit, but the care beside you wasn't. Since the radar picks up the fastest moving object it would have picked up the speeder beside you. They pulled you over unfairly.
Mavido
05-17-2006, 07:47 PM
I've had my license for 3 months. I've been driving for over a year and 3 months. This is the highway I drive on multiple times a day. I know where the cops sit. Mavido you're what, 17? Me too.
I really don't want to listen to all of you tell me how I'm a bad person, to just pay the fine, or the moral impropriety of driving over the speed limit. I asked for suggestions on fighting a speeding ticket and that's the only input I want. If you have something else to say, keep it to yourself. THANKS.
yea, im 18 and have been driving for 3 years... 2x your experiance... and probly much much stupider then you are.. (stupider.. isnt a word) But honestly, no your not a bad person. But a bad driver probly. Which is what I said. I never said you were a bad person. Just that you should man up and deal with it.
And you made a thread about how to get out of a speeding ticket. then told a story about how you basicly want to get out of something.. you did something wrong, and dont want to pay the consiquences. Basicly your complaining. So I have every right to post what ever I damn well please so long as its on topic. Which every post in this thread is on topic. So thanks for playing.
MainLax28
05-17-2006, 07:50 PM
Try to have a mechanic say your spedometer was off, of get a public defender. It is not so much the fine you need to worry about, but your insurance will probably go up as well. You should try to get your points removed, or at least that's what they call it here.
smooth87
05-17-2006, 07:51 PM
When the cop pulled you over you should've asked for a print out of the radar gun. Most cops don't use their radar -they either just eye it or time you how fast you get from point A to point B and do the formula for speed. And if he can't give you one, they the court will drop the case because there's no evidence, but if the cop gives you a print out you're toast and you better have an extra $244 laying around.
jhmlex
05-17-2006, 07:52 PM
ok....so u want the advise that no one else is giving...heres the thing:
1st: If ya gonna speed keep it to like 5 over (cops have to give you 2.5mph for speedometer malfunctions, and 2.5mph for radar gun inaccuracy) But just go with the flow of traffic.
2nd: Yes if you go to court...you are allowed to check their radar records for the day that you were given the ticket. If you arent on there...ur clear...if not ur screwed. Also there is something on the ticket that tells whether the ticket was given based off of a radar reading or not. If it wasnt, argue that you were going with the flow of traffic and were in a hurry (parent instructions to get home or something to that extent)
But ColtsLax was right...if you go to court you are gambling with about $500. They make you pay the ticket, and the court fees if you loose. Idk what id do in this situation since the ticket is pretty high...but take a look at something first...Ask yourself if you were speeding (thats what everyone else is talking about, morality and such) and if you were dont fight it kuz if ya think about it ur probablly gonna lose the case if you were speeding.
lax@wwu21
05-17-2006, 07:55 PM
If the cop is busy, no ticket.
Find out if he was using radar. And if he was and there was other cars in the area.
Say that you were going the speed limit, but the care beside you wasn't. Since the radar picks up the fastest moving object it would have picked up the speeder beside you. They pulled you over unfairly.
Yes, listen to someone who doesn't have a license and is very experienced in this stuff.
Worst thing you can do is lie, because if he does have the numbers, which he most likely will have with him that day, you are screwed and lying to the judge.
Try to have a mechanic say your spedometer was off, of get a public defender. It is not so much the fine you need to worry about, but your insurance will probably go up as well. You should try to get your points removed, or at least that's what they call it here.
Also a very bad idea, you put the mechanic's job on the line because you sped and broke the law.
If it wasnt, argue that you were going with the flow of traffic and were in a hurry (parent instructions to get home or something to that extent)
They'll figure that you were NOT going home because you are going in the direction of your lacrosse field, assumedly you do not live next to the field.
USE YOUR EDIT BUTTON! STOP DOUBLE POSTING
slinkyspine
05-17-2006, 08:01 PM
Hey lax@wwu21
The fact my father got off on that, makes me think it works. Of course he has been driving alot less than you right? Only 30 odd years, but you know you have more expirence (10)
And like I said. So what if he has numbers, RADAR PICKS UP FASTEST CAR IN AREA, if there were cars around you, it was them.
If he was using Li-dar, well you have no chance that stuff is 100% impossible to beat
Mavido
05-17-2006, 08:02 PM
Hey lax@wwu21
The fact my father got off on that, makes me think it works. Of course he has been driving alot less than you right? Only 30 odd years, but you know you have more expirence (10)
Thats canadian laws.. they are more or less guidelines so americans can have fun above the boarder... Murder a hooker or two.. no one in canada cares what you do.
slinkyspine
05-17-2006, 08:04 PM
Thats canadian laws.. they are more or less guidelines so americans can have fun above the boarder... Murder a hooker or two.. no one in canada cares what you do.
Mavido, did you read our news or something? My neighbor is charged for murdering two hooekrs in Edmonton. You scare me
jhmlex
05-17-2006, 08:18 PM
what was the stop double posting thing for? me? i didnt double post did i?
Mavido
05-17-2006, 08:19 PM
what was the stop double posting thing for? me? i didnt double post did i?
Its for the kid who's post its in.... I edited his post.. its a message for him.
mikecoyle
05-17-2006, 08:26 PM
I just got a speeding ticket today, on my way to lacrosse practice, going 78mph in a 65mph zone. It amounted to $244 and that is just too much money for me. I have decided to go to court with it. I was wondering if anyone who has been in a similar situation or with an intimate knowledge of this type of thing could help me mount a defense. Some background info:
Teen driver, live in Connecticut, license a little less than 3 mos, no previous tickets, infractions, warnings, etc...
It was right by an offramp where 3 police cars were waiting and all pulled over a vehicle within 3 minutes of each other...
I have heard that since you are the defendant in this case you are allowed to look into certain of the issuing officers record, one being radar gun certifications. If it is not there or out of date, the whole thing is null and void. Is this true or false? If so how would I go about getting these records?
Thanks for all the info and any help you can provide!
Well in my opinion you better start saving to pay!! You will be able to make some sort of payment plan to the courts. The only hope that you have is that the police officer that charged you doesnt show up to court. If he does show up and you see him before you all go into the court room, talk to him and tell him you have learned a lesson and anything he can say to the court to help you would be appreciated. Learning from our mistakes in life is all a part of growing up! GOOD LUCK!.......it could have been worse.....trust me.
Formerlaxdemon
05-17-2006, 08:40 PM
I think I can help you. I received my first speeding ticket going 46 mph or so going into a 25 mph zone. I went to court and pleaded "No Contest" to the charge and asked that I be allowed to attend driving school. The officer who cited me for speeding was in court and agreed with my recommendation because I had been polite and mature during the matter (he treated me poorly as a test). The judge agreed that since it was my first offense that driving school would be best. No points went against my driver's license. There you have it. Good luck.
Speeding doesn't make you bad. It just makes you fast. You just need to slow it down though. The more tickets you receive, the worse the punishments will eventually become. My only advice to you is that be careful.
HdGLaxWarrior
05-17-2006, 08:42 PM
What exactly does "No Contest" mean? I've heard it used before, but I never understood it.
lax_crazy027
05-17-2006, 08:44 PM
only chance I see for you in court is if someone doesnt show up in court like the cop that gave you the ticket
Formerlaxdemon
05-17-2006, 08:46 PM
What exactly does "No Contest" mean? I've heard it used before, but I never understood it.
No contest means you plead neither guilty to the charge, nor are you attempting to claim something else happened which would be hard to defend in such a case. You are simply accepting the charge and moving on to punishment. That is not a legal definition, but I have only knowledge of international law and not domestic or traffic law. Sorry.
slinkyspine
05-17-2006, 08:47 PM
No contest. No contesting the charge. I lose.
Throwing in the towel.
Beign a sissy... Just kidding
Ect.
Levin
05-17-2006, 08:49 PM
I just got a speeding ticket today, on my way to lacrosse practice, going 78mph in a 65mph zone. It amounted to $244 and that is just too much money for me. I have decided to go to court with it. I was wondering if anyone who has been in a similar situation or with an intimate knowledge of this type of thing could help me mount a defense. Some background info:
Teen driver, live in Connecticut, license a little less than 3 mos, no previous tickets, infractions, warnings, etc...
It was right by an offramp where 3 police cars were waiting and all pulled over a vehicle within 3 minutes of each other...
I have heard that since you are the defendant in this case you are allowed to look into certain of the issuing officers record, one being radar gun certifications. If it is not there or out of date, the whole thing is null and void. Is this true or false? If so how would I go about getting these records?
Thanks for all the info and any help you can provide!
$244 dollers?! I was going 19 over in a school zone (i was REALLY late for class), and i only got a $62 fine, and the same with my failure to yeild (I turned in front of a guy)! That is one huge old fine for speeding. .. And for the record, i'm not a bad driver... just made one or two mistakes.
GrymesGoalie
05-17-2006, 08:57 PM
There's really no defense for that. You sped, and now you have to pay your ticket. That's like me saying I punched a cop in the face and I want to know how to avoid jail time. I can't, 'cause I did something against the law.
lax@wwu21
05-17-2006, 09:03 PM
Hey lax@wwu21
The fact my father got off on that, makes me think it works. Of course he has been driving alot less than you right?
Good argument.. Your father does it so everyone can. :chuckle: I just don't know what to say. :thumbsdow If you lose in court, you pay big fines.
I am sorry for not combining posts. Again.
slinkyspine
05-17-2006, 09:07 PM
Good argument.. Your father does it so everyone can. :chuckle: I just don't know what to say. :thumbsdow If you lose in court, you pay big fines.
I am sorry for not combining posts. Again.
I am saying it works, and if he wants to fight it its worth a try.
centlax21
05-17-2006, 09:13 PM
the cops were not just being stupid... you broke the law... they dont have quotas... there no defense. maybe get some counsuling or something... watever..
Bone_ThugZ
05-17-2006, 09:21 PM
the cops were not just being stupid... you broke the law... they dont have quotas... there no defense. maybe get some counsuling or something... watever..
Two things. It's quite difficult to understand what you are trying to say. You should probably work on that. What exactly do I need counseling for? Also, cops are graded on how many tickets they hand out, as that brings in revenue ($$$).
Lockbox911
05-17-2006, 09:25 PM
Two things. It's quite difficult to understand what you are trying to say. You should probably work on that. What exactly do I need counseling for? Also, cops are graded on how many tickets they hand out, as that brings in revenue ($$$).
graded, no. its emphisized that they write a certain amount of tickets, but technically they have no quotas. Oh on a side note, the only time they try and reach their "quota" is at the end of a month. Not mid month or at the beginning. Plus filling their "quota" is when they write a ticket for 5 over or less.
Mavido
05-17-2006, 09:29 PM
Two things. It's quite difficult to understand what you are trying to say. You should probably work on that. What exactly do I need counseling for? Also, cops are graded on how many tickets they hand out, as that brings in revenue ($$$).
Ok first.. Counseling like legel counsel.. like a lawyer....
Second.. You were doing more then 10 over. Doesnt matter about quota's.. any cop will pull you for that.... if he's had 1 ticket handed out ever, or 100 that day. 10+ over is far more then you need to be going to get a ticket. Cops can actually give you a ticket for going 1 mph over the posted limit. They only resort to those types of tickets when they need to meet quotas.
But with teenagers who dont accept responsibility for their actions are cruizing around.. cops have no problem making their quotas... because apparently kids think they can just find some loop hole and get around the law.
NewbyLaX
05-17-2006, 10:31 PM
Sounds like the cops an a$$hole because my dads a cop and so are a bunch of our neighbors. Cops are there to enforce rules to keep people safe so there really isn't anything wrong with them. But of all the cops I know, none will give a ticket until at LEAST 15 over...unless in a school zone but you can't blame them for that.
lax@wwu21
05-17-2006, 10:39 PM
Sounds like the cops an a$$hole because my dads a cop and so are a bunch of our neighbors.
Wow, the cop upheld the law, therefore is wrong? Another, "Me Pappy does it this way, so its ok...". What a bunch of bs. :bull: :bull: :bull: :bull: :bull:
heyromo07
05-17-2006, 10:42 PM
i go 10 over everywhere i go and ive been driving for about 2 years. Ive seen cops in speed traps after the clocked me and i still get off. it also helps my car is white but 10 is the magic number i think, anyone gotten pulled over for that or less?
ron_burgundy
05-17-2006, 10:49 PM
$250 is too much for you? grow a pair and get to work bud. when a 16 yr old kid can win a court case for going 13 over, it will be a dark day for the american justice system.
lax@wwu21
05-17-2006, 10:57 PM
$250 is too much for you? grow a pair and get to work bud. when a 16 yr old kid can win a court case for going 13 over, it will be a dark day for the american justice system.
Ron Burgandy has spoken.
jhmlex
05-17-2006, 10:58 PM
Cops can actually give you a ticket for going 1 mph over the posted limit. They only resort to those types of tickets when they need to meet quotas.
.
Actually Mavido (this is the case for where I live) as i said earlier, they can give you a ticket for going 1mph over, but it is VERY EASILY thrown out, because they must allot 2.5mph over for the inaccuracy of your speedometer, and 2.5mph over for the inaccuracy of their radar gun. IDK if thats everywhere, but in Kentucky thats how the lawz layed down. lol :guns:
RottingMind13
05-18-2006, 12:01 AM
Also a very bad idea, you put the mechanic's job on the line because you sped and broke the law.
I think lying in a court of law is worse than just the mechanics job. Potential perjury? Not sure exactly cuz I'm not one of them there law types.
stinisonfire
05-18-2006, 12:45 AM
With a 16 year old kid from Conn and having a name like Bone_ThugZ, you're pretty much done for off of the bat.
Coming from experience of speeding tickets (I had 3 within 2 years of being 16), you really have no defense. What you heard about the radar guns is somewhat true, the only defense you have against a speeding ticket is to prove that the cop a) didn't have his radar properly tuned (or that he wasn't licensed for it) or b) that he didn't have it on. Though it varies from state to state, sometimes if the officer who made the stop doesn't show, the charges are waived
Accept it, you can't beat it.
RockStar
05-18-2006, 08:11 AM
.........
I have heard that since you are the defendant in this case you are allowed to look into certain of the issuing officers record, one being radar gun certifications. If it is not there or out of date, the whole thing is null and void. Is this true or false? If so how would I go about getting these records?....
I used to fight tickets all the time when I was a student and had all the time in the world. I've about 10 moving violations but have only paid for two tickets. (Now that I don't have time to fight tickets, I've stopped driving like a jackass so I don't get tickets anymore.)
Anyway, there are a few ways to jerk the system:
You can send a registered letter to the prosecutor asking for full disclosure of all evidence including the make and model of the radar, calibration records, blah, blah, blah. Ask for a photocopy of the officer's notes, both sides of his copy of the ticket, and whatever else you can think of too.
Not receiving this info in time for the trial is better. You can file a motion to stay the proceedings on the grounds that you have not received full and timely disclosure and can't properly defend yourself.
If the cop doesn't show, you walk.....prosecutor typically has nothing without the pig's testimony.......if you show up for your trial and the cop isn't there, you're going home early. (If you spot the cop, you can disappear, have your friend stand up for you, claim you're out of town on business and reschedule......chances are higher that the pig won't make the next trial date.............CAUTION, THIS IS PERJURY AND YOU CAN GET IN BIG TROUBLE IF YOU'RE CAUGHT!!)
Here's one thing you can try if they got you with conventional radar and you actually go to trial. They calibrate the guns with tuning forks........so, if you have the pig on the stand, after he answers when the radar gun was last calibrated, ask him to identify the last time they tested the tuning fork for accuracy (as a rule they don't test tuning forks, they just assume they're emitting the correct frequency). So, the pig can't truthfully answer.....You've introduced doubt in the prosecutor's case! This is the sinner's best friend.
Fact is, maybe none of this matters. In many counties, the justice is in bed with the prosecutor and all the cops........they'll just nail you anyway no matter how good your case is..
WHEELAX2
05-18-2006, 08:33 AM
OOOOOKKKKK>>
I don't care about whatever has been said in this thread:
here is rock solid advice: I have had a good amount of experience in this area.
THERE IS NO "EXCUSE" FOR SPEEDING THAT WILL HOLD UP IN COURT.. UNLESS YOU WERE PREGNANT OR WERE LOSING MASSIVE AMOUNTS OF BLOOD!!!
What you must do in court::::::
ASK TO SPEAK WITH THE ASSISTANT DISTRICT ATTORNEY.. IF THERE ISN'T ONE PRESENT, ASK THE JUDGE WHEN THE "D.A. DAY" IS..
ASK IF YOU CAN HAVE YOUR "DAY IN COURT" ADJOURNED UNTIL THE D.A. DAY
on D.A. day.. (assuming that you never have had a speeding ticket, and have a good driving record).. tell the D.A. that you have a good driving record, and simply would like to ask for a reduction considering it's your first offense..
most likely you'll get it reduced... WHATEVER YOU DO.. DO NOT MAKE UP AN EXCUSE FOR SPEEDING..!!!!!
NOTHING I'M PROUD OF, BUT I HAVE GONE TO COURT SEVERAL TIMES FOR MOTOR VEHICLE RELATED STUFF, AND EVERY TIME i HAVE GOTTEN A REDUCTION.. I also have years of education in the discipline of vehicle and traffic violations, and the court process.. I have a 4 year bachelor's degree in criminal justice..
MAKE SURE YOU DON'T LIE, DON'T QUESTION THE RADAR, OR THE COP, AND DON'T USE ANY OTHER EXCUSES...
kfrank
05-18-2006, 09:44 AM
Don't worry about the people telling you to suck it up and that you're a criminal and should pay the fine.
Traffic speed limits set by states are capricious. They exist solely as revenue generating regulations. Interstate highways are engineered to be travelled safely at 78 mph. Texas is now upping the speed limit on some of its roads to 90 and Montana for years had no speed limit at all.
The fact is that you will not get a fair hearing. The judge is not impartial and will do everything possible to find you guilty. In most states you will not get a higher fine or be charged court costs for pleading your case. A call to the court on your appearance notice will clarify that.
Negotiating a lower fine may save a few bucks, but it is not a big deal. Your real cost will come in higher insurance rates for years to come. These frequently dwarf even high fines like yours. Call your insurance company to find out how many points you'll be assessed, what the increase in premium will be and how long it will stay on your record. No they won't do anything bad to you simply for inquiring.
As a new driver you may also be subject to license suspension if found guilty. Find out.
Here are some things you can do:
>If you were measured by one officer and ticketed by another, both most show up. Don't let the officer present testify as to something the other officer did. It's hearsay and not admissable. If only the ticketing officer shows up there will be no testimony to establish your speed. If only the radar officer then there is no tesimony to establish that it was you driving the car.
>Never answer a question like "well how fast were you going?". If you admit to even 1 mph over the speed limit you're guilty. Take the 5th, "I decline to answer on the grounds it might incriminate me". If the judge says it's a civil trial and you have to answer he's making a reversable error and you have a good chance to win on appeal.
>Officer notes and the the ticket can't testify. On cross ask the officer specifics about your car, traffic that day, how many cars were on the road, if any other cars your color were in sight, etc. Anything to establish he has no independent memory of the event (which he won't). Ask him if he has any memory other than what he read from his notes. Once you've established he doesn't ask for a dismissal because you can't cross examine notes and because the officer has no independent memory of the event you have no opportunity to establish his notes (and your speed and identity) are in error. Worth a shot.
>>Get as many continuances as possible to make the trial date as far removed from the event as possible
>If found guilty, or if you pay after a bargain with DA, send in check for an amount higher than the fine by a few bucks. The court will have to issue you a refund check. Don't cash it. Until it's cashed the case will remain open, though paid, on the court records and may not be reported to your insurance company (until fully closed).
Good luck.
RockStar
05-18-2006, 09:56 AM
...........
>Never answer a question like "well how fast were you going?". If you admit to even 1 mph over the speed limit you're guilty. Take the 5th, "I decline to answer on the grounds it might incriminate me". If the judge says it's a civil trial and you have to answer he's making a reversable error and you have a good chance to win on appeal.
..............
Better idea if you do go to court - Don't even take the witness stand yourself. You probably don't have to.
NorthernViking
05-18-2006, 10:07 AM
The best bet for your will be to go to court do the follwoing: 1) Wear a suit and tie. Borrow one if you have too. This will communication to the judge that you take the process seriously; 2) Take one, or both of your parents with you. No attorney is needed as this is you first offense, and only a traffic ticket; 3) Plead "no contest" or guilty. If you try and fight this with the Judge and/or Officer, he will not take pity on you. Given you lack of driving experience, the judge is likely to give you "probation before judgement" AKA "PBJ", meaning that as long as you don't get another violation during the probation period, the charges will drop from your record. Additionally, if you plead no contest/guilty and admit your mistake, the judge may also reduce the fine and seriousness of the charge. It will cost you now in terms of a fine, but long-term it will save either you or your parents a lot of money in insurance premiums.
Trust me, you don't want to fight this. I remember my first ticket. I went to court all prepared to fight the ticket. Fortunately, I was well back on the docket. Person after person went up and pleaded guilty, and was given either PBJ or a reduced charge, until this one guys (not me) goes up and tries to argue his case with the Officeer and Judge. The Judge quickly found him guilty and give him the highest possible fine and full points on his driving record. After this guy, the guilty pleas continued (including mine) and fines and charges were in every case reduced. I got PBJ and half of the original fine, stayed out of trouble through the probation period and beyond. The tickets has never shown up on my record.
Hope this helps.
WHEELAX2
05-18-2006, 10:15 AM
>Never answer a question like "well how fast were you going?". If you admit to even 1 mph over the speed limit you're guilty. Take the 5th, "I decline to answer on the grounds it might incriminate me". If the judge says it's a civil trial and you have to answer he's making a reversable error and you have a good chance to win on appeal.
Good luck.
it's not a civil trial.. it's not even a trial..
it's an appearance in court.. it is part of the due process of the law.. this is the first step in the "process" of the court system. if you choose to "fight" the ticket, a trial date will be set, or a new appearance date will be set if you want to speak to the D.A. or A.D.A.. at the time of the initial appearance, the judge or magistrate will read the details of the traffic citation or "simplified traffic information, and ask you to enter a plea, if you are ready.. if you wish to have a trial set or talk to the D.A. you normally plea not guilty or express that you want to contest the charges/speak to the D.A.
civil trials carry completely a different burden of proof, and are often between two individuals.. one seeking financial restitution for "wrongs" commited against them by another party. these civil matters involve a plaintiff and a defendant.. criminal matters involve wrongs done against a community.. that/those community/person/people being represented by the State or local jurisdiction.
"pleading the 5th"..?? have you been watching too much tv? There's also another thing called "discovery".. where the facts of the "case" (which it's not a true "case" yet) will speak for themselves.. you might have the ability to Not incriminate yourself, but the sheer evidence and facts will supercede your admission, denial, or failure to answer questions.
kfrank
05-18-2006, 10:30 AM
it's not a civil trial.. it's not even a trial..
it's an appearance in court.. there's a little thing called a process.. this is the first step in the "process" of the court system. if you choose to "fight" the ticket, a trial date will be set..
civil trials carry completely a different burden of proof.
Every state is different. You need to know whether your appearance is for a trial or not. In MA you likely first appear before a magistrate, not a judge, and if you speak english, don't have a record and aren't carrying a bloody chain saw chances are you'll be told "be careful next time, have a good day".
In Maine if you contest a ticket you go right to a trial, and it is a trial (civil).
You need to find out exactly what the process is in CT.
WHEELAX2
05-18-2006, 10:38 AM
Every state is different. You need to know whether your appearance is for a trial or not. In MA you likely first appear before a magistrate, not a judge, and if you speak english, don't have a record and aren't carrying a bloody chain saw chances are you'll be told "be careful next time, have a good day".
In Maine if you contest a ticket you go right to a trial, and it is a trial (civil).
You need to find out exactly what the process is in CT.
I understand the process.. I have since added to my original post..
I also do understand differences in juristictions/states, etc..
there is still a standard process that is followed..
LaxCrazy17
05-18-2006, 11:31 AM
Hmmm...Some predicament your in dude. I live in Ohio so what I could say wouldn't apply to you. I don't think when you go to court, I don't think you can check out those records,But that's in Ohio Good luck though.
Mavido
05-18-2006, 03:47 PM
Yeah, easy way to get out of a ticket... request trial by jury. They have to give it to you if you request it. But for a speeding ticket... they will 99% of the time just drop it. No fines... nothing. But if they decide to go along with it.... well.... your screwed....
RockStar
05-18-2006, 03:59 PM
Yeah, easy way to get out of a ticket... request trial by jury. They have to give it to you if you request it. .......
Not in many jurisdictions.
Traffic violations are typically not criminal offenses (typically you're charged under a traffic control act of some type, not the criminal code). Traffic court would runs under rules established by the traffic control act.
Jeez, if there's no threat of imprisonment or fine over a $few thousand, there's no need for trial by jury.
unta8
05-18-2006, 05:03 PM
You guys want to hear something stupid? Last night at 10:30 I was driving home form work in moms 325i. There was a large manifest of police, and some road flares, so I stupidely put on my hi-beams to see how to negotiate the road. This reallly pissed off the cop, and he motioned me to pull over, and said. "Why the eff did you have your brights on?
"I was trying to figure out how to get around this scene."
"Why dont you have your seatbelt on"
"I do, look, here"
"Whats in that can" - points to orange soda
"it's a soda, do you have any other questions or can I go home?
"get the eff outa here"
HCrum05
05-18-2006, 06:32 PM
I got my first ticket after driving for about 2 years. Your best bet is to just show up at court and tell them it's your first ticket. I showed up expecting to go to court, but when I went in, all I had to do was talk to a secretary type lady that told me my $180/4 points ticket was dropped to $75/2 points. All I had to do was show up and talk to a secretary. I wasn't there for more than 5 minutes. This was for going 60 in a 45. In other words, just show up and get it over with. Plead guilty to speeding and tell them it was your first time, most of the time they'll reduce it if you do that.
Mavido
05-18-2006, 06:38 PM
my $120 ticket got dropped from 4 points to zero and $120 bucks... i was doing 13 over, they dropped it to 9 over when i said i was paying in cash then and there....
And i believe that if you were doing 9 or less under... it doesnt go on your insurance. Atleast not in NC
laxb0rder
05-18-2006, 07:55 PM
Gies I think he is making this stuff up to look cool because it is nearly impossible to beat this in court and if you look in his profile it says he is only 15 and his birthday is May 4, 1991 that makes him barely 15 years old, i called ur bluff boy.
Ghslongpole14
05-18-2006, 08:04 PM
In my hometown, there was recently an accident.
This girl
Bingo! There's the main problem.
franks2089
05-18-2006, 08:29 PM
Why are you taking it to court if you did it. Dont do it if you dont want to pay for it
MoOnCoW
05-19-2006, 06:35 PM
Ok, in three months, im sure you dont have a clue what the local speed traps are.
Also, you may think your a great driver... but at 16 your all piss and vinegar. You think you can do anything just because they gave you a little card that says you can drive. That little card means that you took a few hours of drivers ed and took a test thats easy.. Thats all! Doesnt mean you can drive a car properly. And going 13 over on a road not ment for that speed. I highly doubt that in drivers ed you practiced speeding. Your not used to handeling the car at those speeds. Might not seem like a big deal but it is.
Now yea, I got my 58 in a 45 a few months back. But I also spend 3 or so hours in my car a day. I drive far more then most kids my age. Because im a car nutt.
Pay your fine, deal with it. We've all had to do it. Getting away with this with out paying.. you will learn nothing.
And if your parents take your car away for the summer. Good. Walking for a few months will make you appreciate your vehicle.
I cant even drive yet, and i know every common speed trap within a 13 mile radius of where i live...
Most of them on the freeway
CtLax
06-15-2006, 04:16 PM
Just go to your town hall and ask for the records to see if the radar gun is certified and has been tested. Also take them to court because their is a decent chance that they might not show. Where did u get pulled over?
Hooligan
06-15-2006, 04:26 PM
Tis easier to pay the fine, then go to court, lose, and have to pay court costs too.
You could save yourself $50 or so.
If it has ever happened that a 16 year old kid has ever beaten a speeding ticket, I'm certain there'd be less times in this whole country than I have fingers to count on.
DeftGoalie28
06-15-2006, 04:30 PM
the kid asked for help on the matter, and ur all sitting here telling him he is a bad driver and all that kind of crap. i personally dont know what to tell u, just pray for a nice judge/magistrate and hope that he will at least reduce the fine
wolfie8914
06-15-2006, 05:28 PM
Just tell the judge the cop is an idiot and doesnt know what he's doing.
Works every time.
HdGLaxWarrior
06-15-2006, 05:32 PM
Honestly, he's probably went to court, so just leave it alone.
_SLY_
06-15-2006, 07:25 PM
I can't help anyone with defense, but I can help with keeping it off your insurance (which, incase you can't do the math...will save you $ in the long run). Pay the ticket, but pay it like $10 or $15 over what it tactually costs. The DMV will attempt to pay you the difference in the form of a check. If you never cash this check, the case will remain open and, in turn, will not go on your insurance, which in turn, will not raise the rate you pay.
RockStar
06-15-2006, 10:10 PM
I can't help anyone with defense, but I can help with keeping it off your insurance (which, incase you can't do the math...will save you $ in the long run). Pay the ticket, but pay it like $10 or $15 over what it tactually costs. The DMV will attempt to pay you the difference in the form of a check. If you never cash this check, the case will remain open and, in turn, will not go on your insurance, which in turn, will not raise the rate you pay.
Does this actually work, or is it just another one of those BS myths......let's see what Snopes says.
<Drumroll>.................................................. .................< / Drumroll >
It's BS ( http://www.snopes.com/autos/law/ticket.asp )
goalie33fan
06-15-2006, 10:11 PM
Get a fuzz buster
That way you know a head of time that the cop is clocking people.
RockStar
06-15-2006, 10:16 PM
Get a fuzz buster
That way you know a head of time that the cop is clocking people.
Any police force that knows their arse from their elbow is using lasers, and fuzzbusters don't work on those, you know. With all the extra microwaves from cellphones etc. lately, I also found that my (cheap) fuzzbuster never shut up.....since it's illegal where I live anyway, I just junked the sucker. Expensive ones might work better, but still, useless against the more and more common lasers.
Laser detectors are available, but these are also useless. Lasers don't scatter like regular radar, so you probably don't detect the laser until it's right on your car.....d'oh
Farny
06-15-2006, 10:43 PM
Oh, and if it hasn't been stated, 13 miles per hour over in a higher speed zone (65 mph) is just BS.
Let them know that I said that.
_SLY_
06-15-2006, 10:47 PM
Did it for my last ticket...it worked.
I'll show you a picture of the check.
D3STRO
06-16-2006, 07:54 AM
I did not read the other posts so pardon me if I repeat some thing that were already said.
btw ... I'm an attorney
Here's a couple tips for you
1. The officer was not certified with the radar gun. This is a longshot however considering that police departments don't generally have enough radar guns to go around and he had one issued to him, then you can be pretty sure he is certified.
2. Maybe the officer won't show up. The officer is not there to testify and the case is dismissed. This is another longshot although it does happen occasionally. Officers get paid for coming to court (usually a minimum of 3 hrs for something that takes 40 minutes) so they are usually there. Maybe you will catch him out of town or he will be busy on shift, but it is unlikely.
3. The radar gun had not been calibrated. Poloice officers are required to get their speedometers and their radar guns calibrated (which means "fine tuned" basically) to ensure they are accurate. The speedometers in our cars can be as much as 5 mph off one way or another. If he had not gotten the radar gun calibrated or cannot prove that he did ... then the speed he clocked you at is no good.
4. Hire and attorney who specializes in traffic tickets. In Florida, we have these law firms that specialize only in traffic tickets and promise no points and reduced fines for your ticket and they charge about $70 for that service. It is well worth it seeing as you don't have to go to court and they can reduce the amount you pay the court.
5. When you go to court make sure you opt for driving school which can prevent you from getting points on your license.
let me know if you have any questions.
p.s. that will be $150 ... jk
OldGoalie
06-16-2006, 08:25 AM
In addition to the above good advice from attorneys and folks who've been through it, call the police station and find out what days the officer listed on your ticket is off-duty. This is public record. Then try to schedule your court date on one of those days.
Also, you can check out ticketkiller.com
D3STRO
06-16-2006, 08:46 AM
In addition to the above good advice from attorneys and folks who've been through it, call the police station and find out what days the officer listed on your ticket is off-duty. This is public record. Then try to schedule your court date on one of those days.
Also, you can check out ticketkiller.com
actually it is better when he is on duty because he won't get overtime for appearing in court ... and it is possible he will be on a call or otherwise unavailable to make it to court.
PCHSlax5
06-16-2006, 08:45 PM
$250 is too much for you? grow a pair and get to work bud. when a 16 yr old kid can win a court case for going 13 over, it will be a dark day for the american justice system.
haha yea. as they say, "if you can't do the time, don't do the crime." Though there is no "time" involved, its the same concept. Don't speed if you don't have the money to pay for it. Sorry to be kind of harsh, but thats just the way i see it.
checklax
06-17-2006, 11:42 AM
Yeah it'll probably be impossible to win. But give it a try, and since I dont even drive yet I can't help you out but I hope some other people here can. He made a mistake, we all make mistakes, help him out.
wolfie8914
06-17-2006, 12:04 PM
my dad is a laywer
OH SWEET! NO WAY!
RockStar
06-17-2006, 12:39 PM
.......
3. The radar gun had not been calibrated. Poloice officers are required to get their speedometers and their radar guns calibrated (which means "fine tuned" basically) to ensure they are accurate. The speedometers in our cars can be as much as 5 mph off one way or another. If he had not gotten the radar gun calibrated or cannot prove that he did ... then the speed he clocked you at is no good.
4. Hire and attorney who specializes in traffic tickets. In Florida, we have these law firms that specialize only in traffic tickets and promise no points and reduced fines for your ticket and they charge about $70 for that service. It is well worth it seeing as you don't have to go to court and they can reduce the amount you pay the court.
.......
Couple thoughts:
If you luck out and they can't produce an up-to-date calibration report for the radar gun, that's great. Otherwise, even if the calibration is up to date you can try attacking the test itself.
They use tuning forks to calibrate radar and tuning forks are extremely sensitive instruments. The pitch is affected by scratches, change in shape, etc. So, you might demand that they produce un up-to-date "quality assurance" test report for the accuracy of the tuning fork.
I don't believe many police forces are this sophisticated, so you might casts doubt on the accuracy of the radar with this line of cross exam if you get the cop on the stand.
Funny story about traffic "lawyers".
I have a close friend who runs one those traffic ticket paralegal services. He knows all of the traffic cops in his area, and on my last ticket, he made a trade with the officer......cop "choked" on my ticket, while a conviction was handed to the cop on one of the other clients.