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anybody know if you can get a speeding ticket w/o being pulled over?

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Old Jan 11, 2002 | 09:05 AM
  #1  
gdog009's Avatar
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Default anybody know if you can get a speeding ticket w/o being pulled over?

last night on my trip back from OC to my place in LA (at about midnight) I saw a nice new Porsche ahead of me on the 405N, travelling at about 90-95 mph. I thought, I can keep up with him (it was a 911 Carerra or Carrera 4/4S (not sure, too dark to tell, all I know is it wasn't a Turbo or GT2 <drool&gt... so I caught up and just cruised behind it...

as we continued on the road there was a section where slower traffic impeded our progress, I got over to the next lane to begin my move (I was going to move 2-3 lanes over and blow by the other traffic) and right after I moved into the next lane a cop car with lights flashing pulls up and proceeds to pull over the Porshce. my heart was pumping, I didn't see the cop until he pulled right behind the Porsche to my left. At the time, I was trailing the Porsche at about the same speed... but he never came after me...

so my question is, can they get your license plate number and send you a citation without pulling you over?

although a Porsche is one of my dream cars, I'm glad I didn't have one last night... 95 probably wouldn't have been the limit for me... too much temptation...

dog
2001 A6 2.7T Sport
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Old Jan 11, 2002 | 09:11 AM
  #2  
phred's Avatar
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Default Bottom line, cops can do almost anything re: speeding

If he got your plate, you better hold your breath for a few weeks. But chances are he had to pick only one fish to catch, and it was the Porsche. So you probably used up one of your lives on this one.
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Old Jan 11, 2002 | 09:24 AM
  #3  
INTENDED Acceleration's Avatar
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Default I seriously doubt it. I think you would have to sign the ticket, at a minimum.

And, I think that is where the technicality lies. How can the officer say who was driving your car at the time if he didn't actually physically cite you?
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Old Jan 11, 2002 | 09:30 AM
  #4  
ari (audiless)'s Avatar
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Default Concur...

The only way they can give you a ticket without pulling you over is with photo radar, because this way they have proof of who was driving.
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Old Jan 11, 2002 | 10:12 AM
  #5  
quattro007's Avatar
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Default Bounced question off of my uncle (NH State Trooper)

He is of the opinion that unless the cop got you on film, that you are okay.

He also said that in his opinion if the cop thought that you were "driving together/racing etc..." he would have pulled you both over. I guess that he has pulled multiple cars over for racing.

Hope that helps.
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Old Jan 11, 2002 | 10:35 AM
  #6  
Jim Selders's Avatar
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Default Depends on your state's laws; generally: Yes

Generally, cops are supposed to stop you, and if they don't you can use that fact in your defense in court. But they aren't always required to - if they observe an infraction but must remain at their post (construction site) or otherwise unable to get you, a judge may allow it.

Signing is unnecessary in the states I'm aware of; it's only a confirmation that you were served and accepted the citation on the spot.
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Old Jan 11, 2002 | 10:41 AM
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Finman's Avatar
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Default Don't worry about it...he got who he wanted...

theoretically, it could be possible to get one in the mail (depending on the state law)...but very unlikely...he has no picture of you, I assume...there's no way to tell it was you and not someone borrowing your car. I wouldn't worry anyway...I've been in similar situations many times...he wasn't interested in you... That stuff gets my heart pounding also!
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Old Jan 11, 2002 | 10:53 AM
  #8  
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Default May be true for speeding, but not true in all cases. A few...

...years back, the wife was involved in a two car accident while pulling out of our apt. complex in her A4. Police came and completed report, and she was not cited at the time of the accident. A few weeks later, we (well, she) received a photocopy of a citation with her name on it! Can't recall now what the specific violation was, but it was the real deal and she ended up in traffic school. I called the police station of the city cop that cited her and b-tched up a storm, but to no avail. Sad, but true...
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Old Jan 11, 2002 | 10:56 AM
  #9  
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Default I agree...

He may be able to issue the ticket to the registered owner of the vehicle. You (if the owner) then go to court. If speeding is a *criminal* violation in CA (it is not in many states) you have a 5th amendment right not to testify against yourself, so you cross examine the cop ("did you stop the car?" "did you see the driver?" etc.) to establish inability to identify the driver. You don't testify so they can't ask you if you were driving.

If it's a civil infraction as in most states, no 5th Amendment right because no criminal jeopardy. Many states have presumptions, as in photo radar statutes, that the registered owner was driving (not all photo radar gets pix of the driver, in DC it does not), and unless the owner swears under penalty of perjury that he was not driving, and names who was, then the presumption (which I personally think is legal and constitutional B.S.) applies and the owner's guilty.

Bottom line. Yes, he may be able to issue you a ticket. Probably unlikely. If he does, you have some lines of defense (even though you admitted you were guilty of speeding)...
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Old Jan 11, 2002 | 11:08 AM
  #10  
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Default You gotta dig the 'stealth' factor of our cars. I've been in the same scenario 6+ times.

Everyonce in a while he/she paces with me and give me the 'look'. But what I've noticed is that they come up on your right side/blind spot now. Far right lane, and they pace you from your blind spot, so make sure you have that side mirror set up to cover that zone.

Each time, after it was clear that I was slowing down, he moved ahead and pulled over another car within 2-3 miles.

Feliz Weekend all-
ERT
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