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Speeding Ticket...Any Advise?

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Old 11-08-2005, 05:41 PM
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will2769
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Default Speeding Ticket...Any Advise?

Last night I was the victim of Porsche profiling, I was driving home from a monthly PCA meeting and got pulled over, so did another car behind me. The State Trooper said I was speeding and asked me if I wanted to hear the statutes on racing. I told him that I saw him parked on the side of the on ramp and also pull out way behind me, so I made sure that I did not go over 60mph. It was sureal and could not belive what he was saying, i really was not speeding. I got a ticket, when he handed to me I signed and told him that it seems he is just jealous and it is not my problem that he chose a proffession that does not pay well enough to afford a car like this.
Sorry! I am done rambling.

Has anyone had any luck using The [SIZE=1]Ticket Clinic? I definitly want to fight this one. I never have gone to court in the past, but it was always my fault.

Any advice on how to fight this would help!
Old 11-08-2005, 06:08 PM
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Eric - Plug Guy
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You're done. Pissing off a state trooper is a #1 no-no. Polite, courteous, etc. Don't blow it off on the officer. He will get even. Sucks, but no matter how you feel, be polite.

Get a decent Porsche-loving attorney (ask your PCA chapter folks) and go beat the damn thing. How much over the limit was the ticket for? Or was it 'racing' instead?
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Old 11-08-2005, 06:40 PM
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ericdee
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So did you Win... what were you racing? ; )
Old 11-08-2005, 06:57 PM
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Riad
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I agree with Eric. I'm always super nice to the cops... I recently was pulled over near my town, 75 in a 55.

I saw the cop on the side of the road too late and he nailed me. As soon as my radar detector redlined I knew it. I pulled over as soon as his wheels started to move, he didn't even turn his lights on.

He pulls up behind me and asked why I pulled over. I said gas was $9 a gallon and I wanted to save the town some money. I already had my license, insurance and registration out and handed them to him.

He was laughing... in court he'll knock it down to 64 in a 55... 3 points on my licenses.


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Old 11-08-2005, 07:02 PM
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fast1
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I think it's always a good idea to be extremely polite to those who have weapons.
Old 11-08-2005, 09:07 PM
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Will...I'm sure your were upset and that is understandable. But you did more damage not only to yourself but to other Porsche drivers as well.

You just don't talk to a police officer like that. They have real shi**y jobs to begin with and they really don't need some guy in an expensive sports car telling him or her that.

Some cops are fantastic and others aren't. Let it go at that. He had a reason to pull you over. You may have disagreed what that reason was. There was a place to explain your side but your show of attitude blew your case out of the courtroom before it got there. Remember...all cops make notes on the backs of their tickets about what was said during the stop...which in most states is admissible evidence in court against the alleged perp.

Now he has a reason to pull more Porsche cars over because he probably thinks and, perhaps, now is convinced that Porsche drivers are a bunch of flaming A/holes.

For the future...just show them common courtesy, be polite and keep your mouth closed.

Hang in...
Old 11-08-2005, 09:39 PM
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wwest
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His job is get you to talk as long as he can and therefore make "admissions" of your violation.

Your job is to keep him talking as long as you can and learn everything you can about/around the circumstances under which he is writing the citation.

You blew it.
Old 11-08-2005, 09:44 PM
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wwest
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JUSTICE COURT
PRECINCT 1
CULBERSON COUNTY

105 WEST BROADWAY
P.O. BOX 367
VAN HORN, TEXAS 79855



REFERENCE:

DOCKET NUMBER 05-55242
CITATION NUMBER 128344

MOTION TO DISMISS

I hereby respectfully request that the citation and any and all charges, fees and fines in this matter be dismissed by the court for the following reasons.

Officer Cook’s statements to me at the scene indicate that more likely than otherwise his visual observation of my speed, “tracking history”, for purposes of validating the moving radar indication, was mistaken.

Based on information I have obtained from NHTSA, the National Highway Traffic Safety Administration, a citation based on the use of moving RADAR for speed measurement is not to be considered enforceable absent a valid tracking history. I content that Officer Cook’s visual judgment of my speed, “tracking history”, was not only too brief (***) to be considered a valid tracking history but was also more likely than otherwise to have been mistaken.

*** Assuming I was traveling just below 75 MPH as was Officer Cook our closing velocity would have been approximately 200 feet/second.

Officer Cook stated to me at the scene “that as I came around the curve toward him I was passing everything in sight and he judged my speed to be 86 MPH.”. I immediately informed Officer Cook that Yes, I was passing everything in sight because all of us had just departed the rest area and I was in the left lane accelerating more rapidly that the other three cars.

Whereupon Officer Cook immediately responded that he was also trained to use other means, road signs and markers, to correctly judge my oncoming road speed.

This latter statement by Officer Cook is quite clearly of a defensive nature. This statement by Officer Cook makes it sound as if he had been unaware of the speed of our oncoming “group” relative to stationary objects until I pointed it out to him.

But the statement he made to me after I said that I would be contesting the citation is even more telling of Officer Cook’s overall frame of mind.

Officer Cook said: “Why would you contest the citation since you already admitted that you over-speeded your engine?”

It is incomprehensible to me that a traffic enforcement officer with a reasonable level of training and experience would take my statement that I had over-speeded my engine as an admission that I had driven above the posted speed limit.

As a result of my conversation with Officer Cook at the scene prior to his writing the citation wherein I admitted that I had over-speeded my engine I firmly believe Officer Cook mistakenly took my that statement as an admission of the validity of the moving radar indication. In the alternative since I could not truthfully state at that time that I had not gone over the speed limit Officer Cook decided to write the citation on the assumption that I would not be able to contest it.

Summary:

Officer Cook’s unquestioned skill at judging vehicular speed was compromised by facts of which he was not aware, could not have been aware, the fact that the group of four cars he observed were all in the process of accelerating up to highway cruising speed having all just departed the rest area.
Old 11-08-2005, 10:50 PM
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wwest, I just read your post and my head is spinning. That was awesome. I guess the big question is if it really gets you off prior to court or if it is intended to be read in traffic court.
Old 11-09-2005, 01:35 AM
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BlackCab996
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wwest, can I call you the next time I get in trouble?
Old 11-09-2005, 07:06 AM
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fast1
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Originally Posted by will2769
Last night I was the victim of Porsche profiling, I was driving home from a monthly PCA meeting and got pulled over, so did another car behind me. The State Trooper said I was speeding and asked me if I wanted to hear the statutes on racing. I told him that I saw him parked on the side of the on ramp and also pull out way behind me, so I made sure that I did not go over 60mph. It was sureal and could not belive what he was saying, i really was not speeding. I got a ticket, when he handed to me I signed and told him that it seems he is just jealous and it is not my problem that he chose a proffession that does not pay well enough to afford a car like this.
Sorry! I am done rambling.

Has anyone had any luck using The [SIZE=1]Ticket Clinic? I definitly want to fight this one. I never have gone to court in the past, but it was always my fault.

Any advice on how to fight this would help!
Are you a Florida resident? State Troopers love to give tickets to out of towners since almost none of them will fight the ticket. If you are an out of towner, I wouldn't try to prove that the Texas State Tropper is incompetent. This approach may not play well in front of a Texas judge, especially when the Tropper tells the judge what you said at the scene of the citation. Has it ever occurred to you that the traffic judge may not earn much more than the Tropper?

BTW I'm close friends with two MD State troppers and it just so happens that at least in MD, State Troppers earn enough to afford Porsches. It just so happens that both of my Tropper friends own $50K Corvettes.
Old 11-09-2005, 09:57 AM
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will2769
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In the 19 years that I have been driving, prior to this incident, I have been pulled over at least 20 times and have always been 100% polite and courteous. This A hole of a Trooper was being totally ridiculos and I let him get the best of me. I couldnt contain myself because of how sureal the whole situation was. I was not racing or speeding at all! Well unless you consider 60 in a 55 speeding...I got a ticket for doing 80mph. and it also said I was driving agressively. Next time I will bite my tongue even harder... maybe the officer will let me go because of the blood running out of my mouth. This is not a money issue, it's a principle and points issue!
Old 11-09-2005, 10:53 AM
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You've been pulled over at least 20 times?

You need a V1, escort, k-40, or something!
Old 11-09-2005, 11:42 AM
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Originally Posted by will2769
In the 19 years that I have been driving, prior to this incident, I have been pulled over at least 20 times
Holy Crap

In this case, I don't think the lawman has the problem
Old 11-09-2005, 12:42 PM
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ya know.... I've been watching this thread. IMO the whole story is not being told. The admission of "overspeeding the engine" is mentioned in passing in the motion. Assuming that means you hit the limiter, that would be 73mph in 2nd gear (at least in my car).


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