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Need advice in how to deal with a speeding ticket in VA

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Old 04-05-2005, 04:13 PM
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Ron_H
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HA! HA! HA! HA! HA! Jim, you crack me up !! As long as I have been at this, I never thought of that. Palo Alto Speedometer here I come. HA! HA! HA! HA!............
Old 04-05-2005, 04:56 PM
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AO
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That speedo thing worked for a guy here in Michigan. I think he got busted for 130MPH. Got it down to a simple fine. He did have a lawyer though. I think without either, he would have had many problems.
Old 04-05-2005, 05:24 PM
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JP: Research the National Driver's License Compact for participation by the appropriate states and details of access to records.

Sitting in the courtroom for familiarity with the judge's attitudes and behavior is a good idea. A lot of learning can occur in a short time. Ask the bailiffs about his attitude, because they sit in the courtroom with him all day long. But beware of quick judgements. I have formed judgements about a traffic commissioner in a short time and then been forced to reconsider my opinion of him after a few sessions. Remember it is not over until judgement has been made. You make your case and support it with pts / authorities and he will listen; you crawl in there and beg for forgiveness and you may need an ambulance to find your way out. Luck has very little to do with success in that space.
Old 05-28-2005, 03:12 AM
  #34  
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I've had my day in court.
Headed down to Orange County, VA on Wednesday.
No lawyer.
When I got to court they were on the previous hours' docket, so I got to watch the characters, the stories, and the judges reactions & rulings.
What a hardass!
He sent one guy to jail for the weekend for his second 'driving w/a suspended license' offense. Damn!
It must have been my lucky day, because he dismissed my charge. No points, no fine, no court cost! Yee Haw!
Out of 20 or 30 misc. traffic offenses, only 2 of us had our charges totally dismissed. I couldn't believe it.
I think what helped:
  • When I got pulled over, I said to the cop that I didn't know why he pulled me over.
  • When he asked me where I was going in such a hurry, I said that I wasn't in a hurry. In court, I was able to convey to the judge that I was not knowingly speeding, because I hadn't made any admissions to the cop.
  • I showed some respect for the courtroom by dressing neatly, and speaking respectfully (the slobs with baggy pants, T-shirts, 20 piercings who said "Yea" "Nope" "Huh" and "I dunno", were screwed from the get-go)
  • My first statements were that I drive nearly 20k/yr. as my job requires, and therefore, I'm a conservative driver. I have to be.
  • I didn't try to bull**** the judge. He's seen & heard it all
  • Although I said that I question the validity of the method that the cop used to clock me and the numerous factors that could contribute to a inaccurate reading (weather conditions, hilly road, margin of error of two vehicles traveling in opposite directions), I couldn't stand in front of him and challenge the radar equipment, as the officer just stated that he had conducted a calibration test, and they both know waaay more about radar than I do.
  • I was consistent with my recount of the incident, and had taken notes about the weather conditions, visibility (hilly area, etc.)
  • I was confident, but not cocky or arrogant
  • I said that I'm aware of my surroundings at all times, I'm never distracted, I don't get tickets, and I don't speed.
  • I asked the cop if he had noticed if I appeared to be distracted, and if I was wearing my seatbelt. He had to answer in my favor, since I wasn't distracted, and was wearing my seatbelt.
  • I then held up an MVA printout of my record. Fortunately, I have no violations in the last 5 yrs. I made sure that the judge knew that I haven't gotten a ticket in the last 10 yrs.
  • I said that I have 3 kids, and I simply can't afford to drive dangerously - for safety sake first and foremost, and for financial/insurance reasons.
  • I therefore don't speed.

The judge tried to trip me up a couple of times, but I managed to stay consistent by not elaborating & just stating the facts.
Dismissed. Sweet.
Judge did say that the evidence supported the speeding charge (he trusts radar), but my clean record was the reason for the dismissal.
That in itself is reason to fight every violation....even the little ones.
Oh, and did I mention that I wasn't driving the 928? I was driving my good 'ol, run of the mill Ford Explorer.
I can only imagine the general reaction and ruling if the cop's opening statement had been "At approximately 5:15 pm I observed a black Porch approaching me at a high rate of speed."
In any case, it was a learning experience, and an early birthday present for me.
Old 05-28-2005, 04:12 AM
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Good going JP! That was definitely worth doing!
Old 05-28-2005, 05:03 AM
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Good for you J.P. Attitude is a good part of it. I agree that we should fight them all on general principle. Accused is not guilty, as you proved.

FYI, that the officer said he calibrated the radar unit is NOT evidence until he documents his records as officially verified. Unfounded = over, period.

A happy ending though.

Remember there is no such thing as "speeding".



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