HELP! [please]
07-06-2008, 07:56 PM
#1
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HELP! [please]
Ticket experts, I'm asking for your help please?
The girlie friend got pulled over tonight, crying on the phone etc etc, so im doing what I can to help her fight it. I've got some ideas which i'll mention later, but I wanna get some input on best fighting stories/advice. Thanks!
Story of what happened: Traveling north on 495, at 11pm, passes a cop sitting on the side of the highway. She was on the phone with me, and says 'oh, that was a cop' ...about 10 seconds later she goes 'uhh is he pulling me over?' cop had pulled out and followed her for a while before flipping on the lights and pulling her over.
She gets off the phone and pulls to the side. Cop gets to her window and says "State police, license and registration please." Flustered, she hands him her license, and he asks 'Do you know how fast you were going?' She says 'i dunno, maybe 70?' Then he takes her license and asks if she is still at xxx st. she says no, my new adress is on the back. he then takes her license and returns to his cruiser, without her registration.
He comes back and says to her, "I got you going 78, but since you admitted to speeding at 70, i'm going to give you a ticket at 70, saving you 80$. The instructions on how to pay it are all included, slow it down and pull out safely."
Ticket details:
Date citation written: 7-6-08
Date of offense: S (scribbled over the first d in mm dd yy)
location: rt 495 north at rt 28 andover (about exit 40)
time: 22:54pm
speeding: 90/17
70 in 55
posted
lidar
estimated
150$
Traffic was little to none, as 11pm on a sun night- but there were a few cars around her, that she was pacing with.
So first off are there any 'faults' on the citation, such as the S on the offense that would cause any void to the citation? I'm assuming it just means 'same' as the date citation written, so that might not help.
Also, I THOUGHT that most of 495 in MA was a 65 speed limit, as i never recall seeing a 55mph sign there. She isnt sure whether it was a construction zone marking it to be 55, but if it was, wouldnt her ticket fine be doubled?
As I experienced on 84 by MA troopers, when LIDAR'd at 85 in a 65, and being written up for 75 in a 65, at my court appeal they knew that the trooper got me at 85 but wrote me for 75, so does this depend on what the trooper writes in his report? So i'm wondering whether she can argue she was only going 70 in what she thought to be a 65.
Next, I thought a police officer whenever pulling you over needs to tell you why he pulled you over before returning to his cruiser with your license and registration...no? i at least know it is your RIGHT to know, but dont know if it is required for them to tell you why. He never actually told her he pulled her over for speeding, until he revealed that BECAUSE she admitted to speeding at 70, he was going to give her a SPEEDING ticket for going 70 in a 55. This is when she found out that the speed limit was indeed 55, after being written and handed a ticket.
Also, I think that since the officer pressured her into falsely "admitting" that she was speeding, that is the only reason he gave her a ticket. Even though admiting was through 'i dunno, maybe 70?' which is not actually admitting anything. She said 70 because she knew she thought the speed limit was 65 and figured/assumed that the officer pulled her over for speeding, so she figured she must of been going over a little, so she guessed 70, but really did not even know.
Lastly, since she became a u.s. citizen only a few months ago after having her green card etc etc, she legally changed her first name to her middle name, and her middle name to be her first. Though, her license still states her original name, which isnt legally her name now. Might this have any worth?
Sorry for the extremely longgg post, but I wanna try to figure out a way to appeal this and win.
I also suggested to her that since she has never gotten a speeding ticket, the least she can get away with would be no points on insurance, and pay the $150 ticket. Suggestions please? THANK YOU!
The girlie friend got pulled over tonight, crying on the phone etc etc, so im doing what I can to help her fight it. I've got some ideas which i'll mention later, but I wanna get some input on best fighting stories/advice. Thanks!
Story of what happened: Traveling north on 495, at 11pm, passes a cop sitting on the side of the highway. She was on the phone with me, and says 'oh, that was a cop' ...about 10 seconds later she goes 'uhh is he pulling me over?' cop had pulled out and followed her for a while before flipping on the lights and pulling her over.
She gets off the phone and pulls to the side. Cop gets to her window and says "State police, license and registration please." Flustered, she hands him her license, and he asks 'Do you know how fast you were going?' She says 'i dunno, maybe 70?' Then he takes her license and asks if she is still at xxx st. she says no, my new adress is on the back. he then takes her license and returns to his cruiser, without her registration.
He comes back and says to her, "I got you going 78, but since you admitted to speeding at 70, i'm going to give you a ticket at 70, saving you 80$. The instructions on how to pay it are all included, slow it down and pull out safely."
Ticket details:
Date citation written: 7-6-08
Date of offense: S (scribbled over the first d in mm dd yy)
location: rt 495 north at rt 28 andover (about exit 40)
time: 22:54pm
speeding: 90/17
70 in 55
posted
lidar
estimated
150$
Traffic was little to none, as 11pm on a sun night- but there were a few cars around her, that she was pacing with.
So first off are there any 'faults' on the citation, such as the S on the offense that would cause any void to the citation? I'm assuming it just means 'same' as the date citation written, so that might not help.
Also, I THOUGHT that most of 495 in MA was a 65 speed limit, as i never recall seeing a 55mph sign there. She isnt sure whether it was a construction zone marking it to be 55, but if it was, wouldnt her ticket fine be doubled?
As I experienced on 84 by MA troopers, when LIDAR'd at 85 in a 65, and being written up for 75 in a 65, at my court appeal they knew that the trooper got me at 85 but wrote me for 75, so does this depend on what the trooper writes in his report? So i'm wondering whether she can argue she was only going 70 in what she thought to be a 65.
Next, I thought a police officer whenever pulling you over needs to tell you why he pulled you over before returning to his cruiser with your license and registration...no? i at least know it is your RIGHT to know, but dont know if it is required for them to tell you why. He never actually told her he pulled her over for speeding, until he revealed that BECAUSE she admitted to speeding at 70, he was going to give her a SPEEDING ticket for going 70 in a 55. This is when she found out that the speed limit was indeed 55, after being written and handed a ticket.
Also, I think that since the officer pressured her into falsely "admitting" that she was speeding, that is the only reason he gave her a ticket. Even though admiting was through 'i dunno, maybe 70?' which is not actually admitting anything. She said 70 because she knew she thought the speed limit was 65 and figured/assumed that the officer pulled her over for speeding, so she figured she must of been going over a little, so she guessed 70, but really did not even know.
Lastly, since she became a u.s. citizen only a few months ago after having her green card etc etc, she legally changed her first name to her middle name, and her middle name to be her first. Though, her license still states her original name, which isnt legally her name now. Might this have any worth?
Sorry for the extremely longgg post, but I wanna try to figure out a way to appeal this and win.
I also suggested to her that since she has never gotten a speeding ticket, the least she can get away with would be no points on insurance, and pay the $150 ticket. Suggestions please? THANK YOU!
07-06-2008, 08:12 PM
#2
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My guess is that the officer has a son for whom he had purchased many toys from Mattel
He found out about the lead today, and figured he would pull over the first Asian he saw on the road as a way to get even.
An alternative explanation is that he saw someone doing 78 in a 55 and gave that person a ticket.
Which of those is more plausible?
An alternative explanation is that he saw someone doing 78 in a 55 and gave that person a ticket.
Which of those is more plausible?
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07-06-2008, 10:03 PM
#9
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speed limit appears to be 65
i just scanned 495N from rt 28 back using google streets. the only speed sign i found was a bit after chandler rd and before beacon st indicating 65 mph:
<a href="http://maps.google.com/maps?q=andover,+ma&ie=UTF8&oe=utf-8&client=firefox-a&ll=42.672623,-71.178188&spn=0.009639,0.023131&t=h&z=16&layer=c&c bll=42.672545,-71.178162&panoid=4SDNpxKlMEd7lusF2Y3CRw">google maps link</a>
unless there are more recent speed limits posted (construction, etc), i think that would help to dismiss the ticket. not only does it lowers the speed difference but the mistake lessens the officer's credibility.
i don't think the argument against false admittance will hold up in court.
the officer copies the information from the license. i don't think the name change would hold up either since it would be your g/f's responsibility to update the RMV with the new info.
you're probably familiar with the MA's 2 step court procedures. the first step is the magistrate. they seem to decide more on people's stories and excuses. i imagine something here like her doing 65 and being momentarily distracted and thus "maybe 70" may win her case. if that doesn't work in her favor, step 2 is the full blown legal court procedure where the prosecution (if they show up) attempts to convince the court beyond reasonable doubt that she is guilty. most likely by establishing:
1) posted speed limit
2) calibration of the method use
usually this is all verbal. it would be her responsibility to seek proof and ask for documentation ahead of time.
<a href="http://maps.google.com/maps?q=andover,+ma&ie=UTF8&oe=utf-8&client=firefox-a&ll=42.672623,-71.178188&spn=0.009639,0.023131&t=h&z=16&layer=c&c bll=42.672545,-71.178162&panoid=4SDNpxKlMEd7lusF2Y3CRw">google maps link</a>
unless there are more recent speed limits posted (construction, etc), i think that would help to dismiss the ticket. not only does it lowers the speed difference but the mistake lessens the officer's credibility.
i don't think the argument against false admittance will hold up in court.
the officer copies the information from the license. i don't think the name change would hold up either since it would be your g/f's responsibility to update the RMV with the new info.
you're probably familiar with the MA's 2 step court procedures. the first step is the magistrate. they seem to decide more on people's stories and excuses. i imagine something here like her doing 65 and being momentarily distracted and thus "maybe 70" may win her case. if that doesn't work in her favor, step 2 is the full blown legal court procedure where the prosecution (if they show up) attempts to convince the court beyond reasonable doubt that she is guilty. most likely by establishing:
1) posted speed limit
2) calibration of the method use
usually this is all verbal. it would be her responsibility to seek proof and ask for documentation ahead of time.
07-07-2008, 04:41 AM
#10
AudiWorld Super User
Just go to the magistrate and plead it out. Since its first offense, they may drop it. If not, go to
court. Might as well take the chance to fight it to keep the clean record.
First offense, so no points on insurance. Pay the fine if she doesn't want the hassle of going through the motions.
The minor typo will not cause the ticket to be thrown out.
How was the trooper sitting on the road? Parallel (trunk facing traffic) to the road or perpendicular? I'm assuming perpendicular since it was LIDAR.
First offense, so no points on insurance. Pay the fine if she doesn't want the hassle of going through the motions.
The minor typo will not cause the ticket to be thrown out.
How was the trooper sitting on the road? Parallel (trunk facing traffic) to the road or perpendicular? I'm assuming perpendicular since it was LIDAR.