Going To Court For Speeding Ticket Tomorrow. Advice welcome
03-29-2001, 04:05 AM
#12
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Unfortunately not
A cop is not required by law to show you his radar gun. Actually, when shooting radar, laser... a cop is supposed to track your speed until it falls off making sure the visual and audio of the gun matches (if there is static in the audio tracking, they are supposed to take that as a misread). Some people I know have had their tickets reduced bc the cop didn't follow the proper proceedures. With laser, you could argue that the cop couldn't possible have tracked your speed accurately if he went from your car to the next if you were close together, there would not be a proper track from the gun.
You can also ask for documentation that the "speed Monitoring Device" has been professionally calibrated within the past 12 months. When I lived in NY, I never had a problem with the Troopers there and in NJ 17, was like a motorspeedway!!! The cops could only get you if there was a break in traffic.
Goodluck!!!
You can also ask for documentation that the "speed Monitoring Device" has been professionally calibrated within the past 12 months. When I lived in NY, I never had a problem with the Troopers there and in NJ 17, was like a motorspeedway!!! The cops could only get you if there was a break in traffic.
Goodluck!!!
03-29-2001, 04:54 AM
#14
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I disagree with your assertion that there is no real defense (m)
against a speeding ticket. The vast majority of people fork over the money for a ticket without contesting it. Those who do contest go in completely unprepared like this person. I'd love to see a stat showing the win percentage of people who hire a lawyer to represent them. If you looked at all the options for beating a ticket you'd realize there are quite a few ways you can do it.
03-29-2001, 05:26 AM
#15
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You have a right to disagree, I just went through the exact same thing-->
in my case the ticket was wrongly written. I was written up for 77 in a 50 in Staten Island. I was outraged, and the officer had clocked other traffic that was rapidly approaching me from the rear.
I took notes of the incident, my notes listed all
the variables:
1. there were approximately 8-10 other cars w/in 1/2 mile of 2 lane highway
2. I was in the right lane about to exit.
3. I was clocked, and I was the last car in a "clump" of about 6 vehicles, who were bunched up because we saw the trooper on the side of the road.
When testifying, my attorney question the officer, he said as follows:
1. he said that no.1 was true.
2. he said that he had observed my vehicle speeding via his side-view mirror, he didn't actually turn his head and make visual contact without the use of mirrors.
3. when the judge asked him about other vehicle being present when he observed me, he said "there were no other vehicles present when he observed my vehicle" clearly contradicting his prior statement.
Needless to say, I got hit with the full boat, no point reductions.
According to my post, I said there is very little you can do in defense to a speeding violation. Why? Because if you are driving 56 in a 55, then you are speeding. Case closed. The win % is very low, I have seen some of those stats before.
Have you ever fought a speeding ticket, or sat in the back of a traffic courtroom to hear the proceedings. Speeding tickets are very hard to beat. You can win parking, failure to yield and even red-light tickets, but speeding is very hard to fight, because 9x's out of 10, you WERE speeding.
Even though I was innocent in the above scenario, I couldn't complain too much, because I have sped on countless occasions, and never gotten caught.
I took notes of the incident, my notes listed all
the variables:
1. there were approximately 8-10 other cars w/in 1/2 mile of 2 lane highway
2. I was in the right lane about to exit.
3. I was clocked, and I was the last car in a "clump" of about 6 vehicles, who were bunched up because we saw the trooper on the side of the road.
When testifying, my attorney question the officer, he said as follows:
1. he said that no.1 was true.
2. he said that he had observed my vehicle speeding via his side-view mirror, he didn't actually turn his head and make visual contact without the use of mirrors.
3. when the judge asked him about other vehicle being present when he observed me, he said "there were no other vehicles present when he observed my vehicle" clearly contradicting his prior statement.
Needless to say, I got hit with the full boat, no point reductions.
According to my post, I said there is very little you can do in defense to a speeding violation. Why? Because if you are driving 56 in a 55, then you are speeding. Case closed. The win % is very low, I have seen some of those stats before.
Have you ever fought a speeding ticket, or sat in the back of a traffic courtroom to hear the proceedings. Speeding tickets are very hard to beat. You can win parking, failure to yield and even red-light tickets, but speeding is very hard to fight, because 9x's out of 10, you WERE speeding.
Even though I was innocent in the above scenario, I couldn't complain too much, because I have sped on countless occasions, and never gotten caught.
03-29-2001, 09:32 AM
#16
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Yes, I have fought a speeding ticket. (m)
I think you did the best thing by getting an attorney, assuming they specialized in traffic cases. I have sat in the court and listened to traffic cases, part of my preparation for my case.
I did a fair bit of research online, at a law library, and in books covering the subject of fighting tickets. I became very familiar with all of the options available to me. I had many more avenues available to me than I would have thought at first. I think you are incorrect in stating you don't have many options.
Of course all the preparation in the world doesn't help much when you run into a backwater judge who isn't interested in the law but revenue for his town, but that's another story.
I did a fair bit of research online, at a law library, and in books covering the subject of fighting tickets. I became very familiar with all of the options available to me. I had many more avenues available to me than I would have thought at first. I think you are incorrect in stating you don't have many options.
Of course all the preparation in the world doesn't help much when you run into a backwater judge who isn't interested in the law but revenue for his town, but that's another story.
11-10-2009, 09:02 AM
#17
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Have any of you guys tried that GPS program that alerts you to speed traps. looks interesting. I was thinking of trying out phantom alert. anyone with personal experience in here?
http://phantomalert-review.blogspot.com/
http://phantomalert-review.blogspot.com/
11-12-2009, 02:19 PM
#18
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copied and pasted from somewhere =)
************************************
The Basic Speed Law, CVC 22350, states:""No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of the highway, and in no event at a speed which endangers the safety of persons or property."
In these cases, the officer is required to record the road conditions at the time of the stop. If it was pouring rain with heavy traffic, and you were driving 10-15mph above the posted limit, this is not safe at all and the ticket is probably quite justified. However, if the weather was clear and dry with light to medium traffic, it might be completely safe to drive at 10-15 mph above the suggested speed limit. In these cases a Basic Speed Law citation is unjustified, though most officer's will write them anyway.
Motorists are easily fooled into believing that they broke the Basic Speed Law . Most officers never mention that they are citing you for driving at an "unsafe speed for conditions." The police will simply state,"You were going 50 in a 40 zone. Sign your ticket." You know that you were driving above 40 mph, so you accept the ticket, assuming that you're guilty.In reality, if your speed of 50 mph in a 40 mph zone was not endangering life and property, then driving at that speed was not illegal.
*************************************
hope it helps....
************************************
The Basic Speed Law, CVC 22350, states:""No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of the highway, and in no event at a speed which endangers the safety of persons or property."
In these cases, the officer is required to record the road conditions at the time of the stop. If it was pouring rain with heavy traffic, and you were driving 10-15mph above the posted limit, this is not safe at all and the ticket is probably quite justified. However, if the weather was clear and dry with light to medium traffic, it might be completely safe to drive at 10-15 mph above the suggested speed limit. In these cases a Basic Speed Law citation is unjustified, though most officer's will write them anyway.
Motorists are easily fooled into believing that they broke the Basic Speed Law . Most officers never mention that they are citing you for driving at an "unsafe speed for conditions." The police will simply state,"You were going 50 in a 40 zone. Sign your ticket." You know that you were driving above 40 mph, so you accept the ticket, assuming that you're guilty.In reality, if your speed of 50 mph in a 40 mph zone was not endangering life and property, then driving at that speed was not illegal.
*************************************
hope it helps....
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