First ticket in the S4...
11-04-2001, 09:16 PM
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First ticket in the S4...
Ok, this fat cop pulls me over for 45 in a 35- ok, thats fine- but no radar, he said he paced me but was about 130 yards behind me- how should I argue this? I was going maybe 40 in the 35?
11-04-2001, 09:30 PM
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If the judge feels he is 49% in the right then you still loose. Dosen't hurt to fight it if ...
you have the time to do so. I always make a court date and go to see if the officer shows up. If he does then I take the driving school. If not then you are let off!
11-04-2001, 10:15 PM
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Try this....
question the cops distance he paced u for, and question the calibration of his speedo...if he cant prove how long he paced u or the correctness of his speedo u will win...also mention maybe u were going with the flow of traffic...
11-04-2001, 11:36 PM
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I agree with N2Speed...and my $.02.
Okay, here's the deal. First, you have to decide if paying the ticket, plus an increase in insurance rates is worth your time away from work and sitting in a courtroom with a bunch of degenerates to fight the ticket.
If you belive it's worth it, get ready. First, you'll have to go to a pre-trial hearing where you'll plead guilty, guilty with an explanation of innocent. If you plead innocent, the judge says something condescending and sets a trial date. Before you go before the judge though, you can talk to the prosecuting attorney to ask if they'll agree to no ticket on your record if you don't have another moving violation in 6 months-1 year. They often do deals like this if you're nice to them and you don't have a bad record. Trials are expensive and suck resouces for the city so they try and avoid them.
If you've plead innocent a trial date is set and a letter is sent to the officer because he's the county's star witness and really whole case. I've heard of people trying to find out when the officer's day off is so you can schedule the trial for that day. The theory is that cops hate wasting half their precious day off so will avoid going through this crap. But, good luck getting the station to just give you this info. If the cops doesn't show up though, you win automatically.
If the cop does show up, you'll have show that his pacing method can't be all that accurate when he's using his speedometer. And, when was the last time his speedo was calibrated? While we're at it, does his car have a radar gun? Yes. Isn't that device accurate within 1 mph and supposed to be calibrated with a tuning fork at the start of every shift to ensure that? Yes. Well, with such a precision instrument at his disposale, why did he choose to use a such a crude and unreliable method of determining your speed? Do you see where I'm going here?
Generally, the cop will say that traffic around him was going the speed limit and you were visually pulling away from him. That's how he paced you. Then you can ask if he was able to instantly measure the speed of everyone around him with his speedometer. But, isn't the first reaction of people near a cop to slow down immediatetly? How can he be sure this wasn't happening? Well, he can't. But, he'll sure tell you his years of experience have taught him to "know" speed when he sees it.
Anyway, figthing a speeding ticket is a pain in the ***. Ask yourself if it's worth it. Do know that if your case goes to trial and you lose, you'll also pay court costs which could be a few hundred dollars.
Good luck,
MNM3/4
If you belive it's worth it, get ready. First, you'll have to go to a pre-trial hearing where you'll plead guilty, guilty with an explanation of innocent. If you plead innocent, the judge says something condescending and sets a trial date. Before you go before the judge though, you can talk to the prosecuting attorney to ask if they'll agree to no ticket on your record if you don't have another moving violation in 6 months-1 year. They often do deals like this if you're nice to them and you don't have a bad record. Trials are expensive and suck resouces for the city so they try and avoid them.
If you've plead innocent a trial date is set and a letter is sent to the officer because he's the county's star witness and really whole case. I've heard of people trying to find out when the officer's day off is so you can schedule the trial for that day. The theory is that cops hate wasting half their precious day off so will avoid going through this crap. But, good luck getting the station to just give you this info. If the cops doesn't show up though, you win automatically.
If the cop does show up, you'll have show that his pacing method can't be all that accurate when he's using his speedometer. And, when was the last time his speedo was calibrated? While we're at it, does his car have a radar gun? Yes. Isn't that device accurate within 1 mph and supposed to be calibrated with a tuning fork at the start of every shift to ensure that? Yes. Well, with such a precision instrument at his disposale, why did he choose to use a such a crude and unreliable method of determining your speed? Do you see where I'm going here?
Generally, the cop will say that traffic around him was going the speed limit and you were visually pulling away from him. That's how he paced you. Then you can ask if he was able to instantly measure the speed of everyone around him with his speedometer. But, isn't the first reaction of people near a cop to slow down immediatetly? How can he be sure this wasn't happening? Well, he can't. But, he'll sure tell you his years of experience have taught him to "know" speed when he sees it.
Anyway, figthing a speeding ticket is a pain in the ***. Ask yourself if it's worth it. Do know that if your case goes to trial and you lose, you'll also pay court costs which could be a few hundred dollars.
Good luck,
MNM3/4
11-04-2001, 11:58 PM
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here is what happened...
well, i was sitting at a stop light- the cop was behind me- I take off in first (the speed limit was 35) and remain in first the entire time- I have my roommate in the car with me to validate this (should I bring him as a whitness?) The cop said I was going 45- which is impossible in 1st. I did pull away from him very quickly (stage 2) but to my knowledge this is not a crime. He threw his light on about 100 yards behind me saying he "paced" me when in reality i was only about 300 yards past the light, the "pace" seemed very very quick (if that makes sense) it was like he instantly paced me (but how could he pace me if I accelerated faster than he did?)- i am going to argue that his methods were inferior and I could not have exceeded the speedlimit in first- does this sound like a plan? Also, with the prosecuting attorney, how can I approach him/her before the trial? thanks a ton guys
11-05-2001, 03:03 AM
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Sounds like you have a decent argument (m)
I'd bring the extra witness. The cop should have written where the offense occurred and where the ticket was written. If that information shows that he didn't have enough time to pace you then you can try arguing his check was invalid. Try to get a copy of the speedo calibration, you should be allowed a copy under the freedom of information act. There are a number of decent web sites with info about fighting tickets.<ul><li><a href="http://www.motorists.org">Natl. Motorists Assoc.</a></li></ul>
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11-05-2001, 03:24 AM
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Look around...
there was one faq i read that had all these things you should do. You should actually go to the police station and ask for all the documentation beforehand -- its an extensive list -- and if they dont have it all documented, then you can use that to your aid. Sorry, but i don't remember the URL.
Reza
Reza
11-05-2001, 03:31 AM
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How to get out of a speeding ticket - top 38 ways
Top 38 Ways To Get Out Of A Speeding Ticket By the Keeper
1 15 Jedi Mind Trick-- You never saw me speeding...
2 7 Always carry a cooler with a big red cross on it - 'Officer, I MUST get to the hospital'
3 6 Convince officer how miniscule infraction was by converting MPH to lightyears
4 5 Start screaming at yourself like a Marine, then answer the cop like a lil girl.
5 4 Explain "but officer, my car is an '85 Plymoth Reliant... it CAN'T go 72 mph"
6 4 Go off-roading... cop cars don't handle nearly so well off pavement.
7 2 Be Anna Kournikova
8 2 Switch places, tell officer you were kidnapped by the dead hooker
9 1 Spill water on the seat and say you were trying to get to a bathroom
10 1 The officer asks to see your license: wrap it in a $50 before handing it over
11 0 Be the Chief of Police
12 0 Officer, I was hiding my cocaine when my gun fell & got wedged on the gas pedal
13 0 Show the cop your FBI credientials
14 -1 Drop license into traffic. Nudge Officer into traffic "trying" to help.
15 -1 Stuff a pillow under your girlfriend's dress and say she's pregnant (freak when she asks how you knew)
16 -3 Cry
17 -3 Eat Garlic - whisper your answers to the officer's questions
18 -3 Finish your beer before rolling down the window.
19 -3 Heave fully-clothed manequin into police cruiser's path
20 -3 Hypnotism
21 -3 Refuse to take off your mask.
22 -3 Say to the officer: "Sprechen Sie Deutsch? Dieses ist die Datenbahn ist nicht es?"
23 -4 Demand the oppertunity to speak with your attorney before signing the ticket
24 -4 Freak gravity well pulling your foot down harder
25 -4 Go-go-gadget sportscar!
26 -5 Never get in one in the first place
27 -6 Drive off after police unload dead hooker from the trunk.
28 -6 Get Scotty to beam you up as soon as you're pulled over
29 -6 Hit the red button in your "Ford P.O.S."
30 -6 Take advantage of the run flat tires.
31 -7 Accidentally drop a kilo out the window.
32 -7 Just open the zipper and climb right out of it.
33 -7 Shoot the officer
34 -7 Speed
35 -8 Don't stop for one.
36 -9 Be Janet Reno
37 -10 Convince the officer that there really is no law agains sprinting 35 in a 20
38 -10 Mention your Uncle Louie
1 15 Jedi Mind Trick-- You never saw me speeding...
2 7 Always carry a cooler with a big red cross on it - 'Officer, I MUST get to the hospital'
3 6 Convince officer how miniscule infraction was by converting MPH to lightyears
4 5 Start screaming at yourself like a Marine, then answer the cop like a lil girl.
5 4 Explain "but officer, my car is an '85 Plymoth Reliant... it CAN'T go 72 mph"
6 4 Go off-roading... cop cars don't handle nearly so well off pavement.
7 2 Be Anna Kournikova
8 2 Switch places, tell officer you were kidnapped by the dead hooker
9 1 Spill water on the seat and say you were trying to get to a bathroom
10 1 The officer asks to see your license: wrap it in a $50 before handing it over
11 0 Be the Chief of Police
12 0 Officer, I was hiding my cocaine when my gun fell & got wedged on the gas pedal
13 0 Show the cop your FBI credientials
14 -1 Drop license into traffic. Nudge Officer into traffic "trying" to help.
15 -1 Stuff a pillow under your girlfriend's dress and say she's pregnant (freak when she asks how you knew)
16 -3 Cry
17 -3 Eat Garlic - whisper your answers to the officer's questions
18 -3 Finish your beer before rolling down the window.
19 -3 Heave fully-clothed manequin into police cruiser's path
20 -3 Hypnotism
21 -3 Refuse to take off your mask.
22 -3 Say to the officer: "Sprechen Sie Deutsch? Dieses ist die Datenbahn ist nicht es?"
23 -4 Demand the oppertunity to speak with your attorney before signing the ticket
24 -4 Freak gravity well pulling your foot down harder
25 -4 Go-go-gadget sportscar!
26 -5 Never get in one in the first place
27 -6 Drive off after police unload dead hooker from the trunk.
28 -6 Get Scotty to beam you up as soon as you're pulled over
29 -6 Hit the red button in your "Ford P.O.S."
30 -6 Take advantage of the run flat tires.
31 -7 Accidentally drop a kilo out the window.
32 -7 Just open the zipper and climb right out of it.
33 -7 Shoot the officer
34 -7 Speed
35 -8 Don't stop for one.
36 -9 Be Janet Reno
37 -10 Convince the officer that there really is no law agains sprinting 35 in a 20
38 -10 Mention your Uncle Louie
11-05-2001, 06:53 AM
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Not sure how you will win. Cops do and will lie in court.
First, can you go to Driving school? If so, might be better to take it. ALso, can you do a deferred adj. which will keep the points off your license? If you can't do either of them, then fight it.....you got a chance the officer won't show up. If it's in a small township, he'll show up. They paged my officer when I was in court.
I fought a ticket in October that I received in August. I was in my daily driver and obeying the speed limit. The road I was on is a known speed trap and is less than a 1/2 mile from where I live. Cop said I was doing 57 in a 40!!!!!!! No way in hell I was going above 42 mph tops. I'm just being generous for speedo error. I know they are always out there so I know better than to break the speed limit on that road. There was a black Camaro closing in on my fast. I thought he might have been trying to catch up to me to race me or something....then down the road, the cop pulls me over and gives me a ticket. He writes black on the ticket, but my car is burgandy pearl. I go to court and the officer tells all kinds of lies. First he says he saw me passing cars....there were no cars in front of me....I passed no one. Then he said he could see 200-300 yards ahead. Line of sight from where he was sitting to where he could first see me is maybe 250 FEET tops! It's just amazing how the judge believe the cop. When I asked him question about anything, he would say "I can't recall"....but yet he could remember seeing me passing cars though. After that day, I have much much less respect for any traffic enforcement officer or judge. They could give two ****s about the truth, it's about MONEY. ****, I heard the judge talking to a lawyer for some women that didn't show up saying that he needed his money so they could get a certain about come christmas?!?!?!?!? WTF was that about?
I fought a ticket in October that I received in August. I was in my daily driver and obeying the speed limit. The road I was on is a known speed trap and is less than a 1/2 mile from where I live. Cop said I was doing 57 in a 40!!!!!!! No way in hell I was going above 42 mph tops. I'm just being generous for speedo error. I know they are always out there so I know better than to break the speed limit on that road. There was a black Camaro closing in on my fast. I thought he might have been trying to catch up to me to race me or something....then down the road, the cop pulls me over and gives me a ticket. He writes black on the ticket, but my car is burgandy pearl. I go to court and the officer tells all kinds of lies. First he says he saw me passing cars....there were no cars in front of me....I passed no one. Then he said he could see 200-300 yards ahead. Line of sight from where he was sitting to where he could first see me is maybe 250 FEET tops! It's just amazing how the judge believe the cop. When I asked him question about anything, he would say "I can't recall"....but yet he could remember seeing me passing cars though. After that day, I have much much less respect for any traffic enforcement officer or judge. They could give two ****s about the truth, it's about MONEY. ****, I heard the judge talking to a lawyer for some women that didn't show up saying that he needed his money so they could get a certain about come christmas?!?!?!?!? WTF was that about?