SPEEDING TICKET HELP?
02-22-2006, 06:28 PM
#1
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SPEEDING TICKET HELP?
I GOT A SPEEDING TICKET IN VIRGINIA GOING 108 IN A 55 ZONE. I am potentially looking at jail time with this ticket. They dont play around in VA.
Couple of things I was thinking. My 86 coupe is 20 years old and the speedometer could be off and need calibration.
I was also thinking that if I can get a notorized document showing my speedometer is not working that could atleast save me from going to jail and have my ticket reduced to just speeding and not reckless driving. Speedometer is truely not working!!
Any thoughts would be great!!!
Couple of things I was thinking. My 86 coupe is 20 years old and the speedometer could be off and need calibration.
I was also thinking that if I can get a notorized document showing my speedometer is not working that could atleast save me from going to jail and have my ticket reduced to just speeding and not reckless driving. Speedometer is truely not working!!
Any thoughts would be great!!!
02-22-2006, 06:44 PM
#3
Burning Brakes
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108? anything over 100 in CA and its a misdemenor, with the officers option to arrest you on the spot............ you best bet on this one, is to hire an attorney and get it pled down to a lesser offense, It cost my buddy $1500 or so, but it saved him from two points and horrid insurance pricing for a long time
02-22-2006, 06:46 PM
#4
My thoughts - hire a lawyer...
(my speedo wasn't working, so i was doing 108 instead of 55? you shoul d definitely hire a lawyer if thats the best you can come up with) - its their game, let em play it - call the county bar assoc., ask for someone who specializes in traffic court - he'll know the ropes - this sounds llke serious business, and a one shot deal -don't fool around .
just my thoughts
(my speedo wasn't working, so i was doing 108 instead of 55? you shoul d definitely hire a lawyer if thats the best you can come up with) - its their game, let em play it - call the county bar assoc., ask for someone who specializes in traffic court - he'll know the ropes - this sounds llke serious business, and a one shot deal -don't fool around .
just my thoughts
02-22-2006, 07:26 PM
#6
Three Wheelin'
Hire a Lawyer in that area, he should be able to get it reduced. I just got a ticket in NC and my lawyer had it change to in proper equipment( no points ) Though that ticket was only 87 in a 65.
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02-22-2006, 08:16 PM
#8
get a lawyer it helped me out. i got caught going 100 in a 65 (reckless driving in CT) The lawyer got it down to a normal speeding ticket for $100 so total cost with lawyer was about $700
02-22-2006, 08:46 PM
#9
The court, much less the courthouse, cannot amend a ticket. If you can get thru to the prosecutor (the DA) s/he could do it as part of a partial settlement. That is unlikely. You really need a lawyer for something like this - get one that specializes in this and if they are friends with the judges and prosecutors that is good too.
The lack of knowledge based on a bad speedo is not going to help - unless your state requires a level of knowledge to impose jail time and that is very unusual. Even then, you might get cited for somethingelse if they want to teach you a lesson - like operation of an unsafe vehicle or failure to maintain vehicular equipment, etc.
That isn't likely - unless they hate you for some reason - politics, etc.
The civil fine itself is always strict liability - doesn't matter if speed is broke etc.
One mo' time: this is a big bad thing - pay up for a lawyer.
The lack of knowledge based on a bad speedo is not going to help - unless your state requires a level of knowledge to impose jail time and that is very unusual. Even then, you might get cited for somethingelse if they want to teach you a lesson - like operation of an unsafe vehicle or failure to maintain vehicular equipment, etc.
That isn't likely - unless they hate you for some reason - politics, etc.
The civil fine itself is always strict liability - doesn't matter if speed is broke etc.
One mo' time: this is a big bad thing - pay up for a lawyer.
02-23-2006, 08:59 AM
#10
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“Search” apparently doesn’t go back to Aug 2002, but Eric-17 had a similar topic, which I printed out at the time for future reference. Some comments that haven’t been covered so far are excerpted. Not all good news, but at least you’ll be more informed.
1)In NY State the local county/city is more interested in the money than whether you get points, unless you have a bad record and may be an actual safety threat. Reducing it to a non-moving violation will not fool the next judge as I’ll bet that most states have a standard charge that they use for pleading down speeding tickets. I.e. if the judge looks at your record and sees “parking on the shoulder” he/she will interpret you as a past speeder and judge accordingly.
2)Was the cop cool about it and were you polite to the cop? If so, call the cop and ask him to chime in with the prosecutor for you. If no dice, ask him again at court to do it. If you get nowhere be sure to ask the cop in front of the judge if you were professional and courteous during the stop. If so, the judge may be easier on you. I’ve gotten a really light slap for a potentially huge sentence because the cop had the “polite, calm and courteous” boxes checked.
3)Get a lawyer who is on good terms with the DA’s office. It is important that they are on good terms as this approach will backfire if they can’t stand each other.
4)Was the calibration up to date on the radar gun? Was the cop trained on this particular radar gun? Was the speed limit clearly posted, i.e. not obstructed?
5)How does he know your speed? Radar gun, or his guess? Radar and his odometer can easily provide inaccurate readings. Subpoena a copy of the ticket (front and back) and see what notes he made on it. Fight it, maybe the cop won’t show up for court.
6)Keep in mind that insurance points are different than driving points. I got a speeding ticket and didn’t really care about the fine, but didn’t really want the points. My attorney called the police station, a couple of states away. They basically said the $ goes directly to the police department, so they had no problem reducing the severity of the charge as long as the fine is the same. Well, then my insurance went up. Turns out they are on different point systems. There are things called insurance points. My ticket went from 10 over to defective signals, lights etc. This caused more insurance points because they feel a collision is more likely with defective lights, signals than just going 10 over on the freeway.
7)An Amazon link to buy the Passport 8500 radar detector.
1)In NY State the local county/city is more interested in the money than whether you get points, unless you have a bad record and may be an actual safety threat. Reducing it to a non-moving violation will not fool the next judge as I’ll bet that most states have a standard charge that they use for pleading down speeding tickets. I.e. if the judge looks at your record and sees “parking on the shoulder” he/she will interpret you as a past speeder and judge accordingly.
2)Was the cop cool about it and were you polite to the cop? If so, call the cop and ask him to chime in with the prosecutor for you. If no dice, ask him again at court to do it. If you get nowhere be sure to ask the cop in front of the judge if you were professional and courteous during the stop. If so, the judge may be easier on you. I’ve gotten a really light slap for a potentially huge sentence because the cop had the “polite, calm and courteous” boxes checked.
3)Get a lawyer who is on good terms with the DA’s office. It is important that they are on good terms as this approach will backfire if they can’t stand each other.
4)Was the calibration up to date on the radar gun? Was the cop trained on this particular radar gun? Was the speed limit clearly posted, i.e. not obstructed?
5)How does he know your speed? Radar gun, or his guess? Radar and his odometer can easily provide inaccurate readings. Subpoena a copy of the ticket (front and back) and see what notes he made on it. Fight it, maybe the cop won’t show up for court.
6)Keep in mind that insurance points are different than driving points. I got a speeding ticket and didn’t really care about the fine, but didn’t really want the points. My attorney called the police station, a couple of states away. They basically said the $ goes directly to the police department, so they had no problem reducing the severity of the charge as long as the fine is the same. Well, then my insurance went up. Turns out they are on different point systems. There are things called insurance points. My ticket went from 10 over to defective signals, lights etc. This caused more insurance points because they feel a collision is more likely with defective lights, signals than just going 10 over on the freeway.
7)An Amazon link to buy the Passport 8500 radar detector.
02-23-2006, 10:30 AM
#11
Team Owner
I am really surprised this does not come up more often given the cars we drive. I am sure here in Canada it is different but I am sure the same general rules apply.
1. Insurance companies see speeding as speeding, a charge of 10km /hr over with no points is the same as 30km / hr over with points, a no points ticket is a falicy ( at least here ) . Of course excessive speed is wreckless pretty well anyware. This i know because I had 3 tickets within the last 3 years ( 2 with no points and one with 3 points ) and no insurance company would touch me ( I drive about 30,000 miles per year for work so it is just statistics really ) . I am down to one as of March 15th but who is counting.
2. Always go to " first attendance" for us this is a time when you meet with the prosecutor before court. They will routinely reduce it as they don't want to take up court time argueing a ticket. Here in Ontario Speeding is considered an "absolute" crime, there is no excuse that can get you out of it really. I actually saw a guy try the " speedo" thing and it was short lived, The judge told him he was responsible for his vehicle ..BANG ... next case ... ouch ! I think he would have done better with "have mercy" aproach. I just ate a lot of humble pie in front of the prosecutor and Judge, told him I was prepared to take my lumps as I was responsible , the prosecutor told me he doesn't here that everyday and gave me a break . ( I walked away with a 50.00 fine om a 379.00 ticket ) but I still got stung with 3 points instead of 4 . At least it saved me the interview with the ministry of transport !
ice
1. Insurance companies see speeding as speeding, a charge of 10km /hr over with no points is the same as 30km / hr over with points, a no points ticket is a falicy ( at least here ) . Of course excessive speed is wreckless pretty well anyware. This i know because I had 3 tickets within the last 3 years ( 2 with no points and one with 3 points ) and no insurance company would touch me ( I drive about 30,000 miles per year for work so it is just statistics really ) . I am down to one as of March 15th but who is counting.
2. Always go to " first attendance" for us this is a time when you meet with the prosecutor before court. They will routinely reduce it as they don't want to take up court time argueing a ticket. Here in Ontario Speeding is considered an "absolute" crime, there is no excuse that can get you out of it really. I actually saw a guy try the " speedo" thing and it was short lived, The judge told him he was responsible for his vehicle ..BANG ... next case ... ouch ! I think he would have done better with "have mercy" aproach. I just ate a lot of humble pie in front of the prosecutor and Judge, told him I was prepared to take my lumps as I was responsible , the prosecutor told me he doesn't here that everyday and gave me a break . ( I walked away with a 50.00 fine om a 379.00 ticket ) but I still got stung with 3 points instead of 4 . At least it saved me the interview with the ministry of transport !
ice
02-23-2006, 10:43 AM
#12
Racer
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As a retired PO, I just wanted to advise you of one thing. DO NOT stand in front of the judge and put the blame on a broken spedo. 55 over will just p--- him off as he and you both know that you were well over the speed limit. Do as so many have said above, hire a lawyer, and have a word with the cop in the court room. If he is anything like I was he just might have a word with the prosecutor before your case is heard. I don't know the laws in VA but in Indiana if the Officer does not show up for the case it is usually thrown out. One more thing more-- invest in a good detector!!
Good Luck.
Ernie 81 SC
Good Luck.
Ernie 81 SC
02-23-2006, 10:54 AM
#13
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What about this poor bugger>>>>
Like this guy try -- "It was'nt me officer"
http://www.nbc4.tv/traffic/7292691/detail.html
http://www.nbc4.tv/traffic/7292691/detail.html
02-23-2006, 11:10 AM
#14
"The court, much less the courthouse, cannot amend a ticket." Funny I sware that was the number I called on the back of my ticket here in Missouri. But hey maybe not.
One more thing you can try is to get an extension on your date because like emac said if the cop dosn't show up they are usually thrown out! Extend it a couple of times and the cop will forget. Worked for me.
One more thing you can try is to get an extension on your date because like emac said if the cop dosn't show up they are usually thrown out! Extend it a couple of times and the cop will forget. Worked for me.
02-23-2006, 03:01 PM
#15
Lot's of good advice here. It's hard to comment outside your own state becuase they each have their own nuances.
But, somethings are universal.
- speeding tickets are a primarily a revenue source not a safety issue. Unless you have a record of dnagerous activity ( don't think that " parking on the pavement" etc connvictions hide anything), the system just wants to be fed.
Dogs eat dog food, they don't care what it's called.
- I'd get an attorney, remember almost all judges were hungry young attorneys at one point. The system likes to work with their own. Local attorney probably the best.
Remember, you're not doing battle you're trying to reach a satisfying outcome for both sides.
Good Luck.
But, somethings are universal.
- speeding tickets are a primarily a revenue source not a safety issue. Unless you have a record of dnagerous activity ( don't think that " parking on the pavement" etc connvictions hide anything), the system just wants to be fed.
Dogs eat dog food, they don't care what it's called.
- I'd get an attorney, remember almost all judges were hungry young attorneys at one point. The system likes to work with their own. Local attorney probably the best.
Remember, you're not doing battle you're trying to reach a satisfying outcome for both sides.
Good Luck.