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Speedometer Certification

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Old 01-21-2002, 06:48 PM
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Perry 951
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Post Speedometer Certification

Here's one for you.

I took a short weekend trip in my new but used beater. ('86 Buick Century) I was pulled over doing 72 in a 60 at 2:02am Sunday morning. Thing is I had the cruise set steady at 65.

Problem now is not the fines, but the points from the moving violation. This one my put me into suspension. Now.. I plan on heading to court and hoping that the cop dosen't show. If he does, I need to have some evidence and a case in hopes that the judge will reduce it to a non-moving or drop it all together.

My plan is to find someone who can certify that the speedometer is off, plead that traveling 65, my intended speed, I most likely would not have been pulled over. Also that I just purchased the car less than 2 weeks ago, had no idea of the speedometer issue, and that I will drive 1 1/2 hours to the township where I got the ticket to plead my case, he might let me off.

Does anyone know any type of shop, place, anything that could do this? I am not looking for a name of a place, rather a type. I know that police departments must get their speedometers calibrated on a yearly basis, but the Cincinnati Police department was of no help on getting me the info on who does it for them.

Thanks for the help.
Old 01-21-2002, 07:03 PM
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Tabor
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I suggest you get a lawyer. He will know specifics for your state.
Old 01-21-2002, 07:40 PM
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IceShark
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First off, don't even think about mentioning that you had cruise control set at 65 and you intended to be going over the posted speed limit, just not quite as much as you were. You will probably lose for sure using that lamo excuse. And I hope you didn't tell it to the cop so he will remember it, or worse, have written it down somewhere, like on his copy of the ticket.

If you can't find a speedo shop easy, I would find out what the original tires were supposed to be and calculate out the rolling diameter difference as to what you now have. If that makes up a good portion of the 12 mph, I would just go in with that documentation, explain that and the new car status (to you anyway) and the judge may let you off the hook.

I have also seen some books published on how to beat speeding tickets. You may want to buy one of those before you go running off to a lawyer for his expensive comments on your odds and what he can do for you. Some jurisdictions let you buy your way out of the points, go to dumb driver school, or maybe talk to the county attorney and get a break before you go to the court that handles traffic tickets. I once went to the County attorney and talked my way out as long as I had no other traffic violations for the next 6 months. No lawyer needed.
Old 01-21-2002, 07:43 PM
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Steve Lavigne
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I have had lots of luck in Washington state contesting tickets and getting off on technicalities. My favorite is irlj 2.2d:

(d) Filing of Notice. When a notice of infraction has been
issued, the notice shall be filed with a court having jurisdiction
over the infraction or with a violations bureau subject to such
courts supervision. The notice must be filed within two days of
issuance of the notice, excluding Saturdays, Sundays, and holidays.
A notice of infraction not filed within the time limits of this
section may be dismissed without prejudice.
IRLJ 2.2

The trick is, you have to CONTEST, not mitigate. Before the judge even reads your dirty deed, you say "I'd like to make a pre-trial motion to suppress the evidence due to a IRLJ 2.2d violation". It has worked many times for me, though the definition of "may" could be a sticking point with a tough judge.

Most likely there are not many other states with this law.

In my case, I'm usually guilty so I don't even try to talk about the circumstances. The only chance for me is to find a technicality that causes the ticket to be invalid, like having the car identified as an RX-7.

If you want to see what not to do, go to traffic court before your hearing. Listen to the lame excuses and the judge's response. Probably a good idea to go to the judge that you will be going to. See what the guys with briefcases and suits do.

I LOVE the feeling of getting out of traffic tickets!

STANDARD DISCLAIMER: I am not a lawyer. Use this information at your own risk!
Old 01-21-2002, 07:47 PM
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MAS
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Yeah, IceShark is right (if I read you post correctly)... if the speed limit was 60 and you admit to having the cruise control set to 65, and you admit that you thought (and knew) you were doing 65... you'll be automatically guilty... since you've essentially admitted guilt. Not to 72 perhaps, but to 65

-MAS
Old 01-21-2002, 08:02 PM
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Perry 951
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Here is the deal.. I think anything 10mph and over is a points violation. 10mph and under is a fine and no points. That is how it was on my last ticket. I have no problem paying a fine for 65 in a 60. I was speeding. However, 72 in a 60, I was unaware of that.

It would be nice to get off clean, but my biggest concern is the points.



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