Ticket for accelerating too fast!!
05-18-2019, 10:16 AM
#76
Racer
I wouldnt waste your money on a lawyer (and I am a lawyer). Unless you have a buddy thats a lawyer that won't charge you or will charge you a really reduced rate, you'll spend more than the ticket cost and probably more than any insurance increase. I'd suggest calling the clerk or the prosecutors office and very politely see if they will let you get on probation or deferred adjudication. You can pay a probation fee and fine, and then keep the ticket off your record for insurance purposes.
05-18-2019, 10:37 AM
#77
Your brother will gather enough driving points to lose his license..... I speed and drive however I want so long as I have nothing on my record and not on probation. Driving with one free pass essentially Then, when I get a ticket, I go on probation, pay the fine and drive more conservatively til I am off probation (usually 3 or 6 months depending on the city and court). I dont mind paying tickets. But, risking your drivers license and being uninsurable is foolish.
05-18-2019, 10:44 AM
#78
BS ticket
but exhaust note give the impression of speed
every now and then in my neighborhood someone will yell at me to slow down and I am just driving the speed limit 25 miles
as I never drive above speed limit in residential areas
but also bottom line , in my book , police can stop you for anything, and cameras despite being intrusive , are our best protection
but exhaust note give the impression of speed
every now and then in my neighborhood someone will yell at me to slow down and I am just driving the speed limit 25 miles
as I never drive above speed limit in residential areas
but also bottom line , in my book , police can stop you for anything, and cameras despite being intrusive , are our best protection
05-18-2019, 12:31 PM
#80
Rennlist Member
Unfortunate for sure. I too would pay for assistance, often it helps get the citation dropped.
I grew up in Chicago. Many years ago on a Sunday night coming home from my parents house i was at a red light stopped next to a patrol car downtown. They looked over and said "light em up", I peered over and smiled and said this must be a joke right? They said no, light em up, let's see what it can do. I revved to 4k RPM, dropped the clutch and left a patch of rubber through the intersection. It was glorious and I will never forget that night.
I grew up in Chicago. Many years ago on a Sunday night coming home from my parents house i was at a red light stopped next to a patrol car downtown. They looked over and said "light em up", I peered over and smiled and said this must be a joke right? They said no, light em up, let's see what it can do. I revved to 4k RPM, dropped the clutch and left a patch of rubber through the intersection. It was glorious and I will never forget that night.
05-18-2019, 12:58 PM
#81
Race Director
Sorry but anyone with a little common sense knows it's probably not legal to do a 0-45 full throttle acceleration from a standstill at a light. Is it fun? Yes. Do we do it anyways? Absolutely But you gotta know if a cop sees you do it you're gonna get pulled over....
Best bet is to go and apologize. There was no one on the road. Just letting off steam. Happy to pay a fine but please reduce it to a non points offense. Has worked for me in the past. And not sure how it is in your state but the cop doesn't have to show up. They have one officer do all the tickets for the day.
The judge and cops appreciate honesty more than anything and if you have a clean driving record it's likely to stay that way. Lawyer will cost money and only makes them go for a conviction more. Most communities have zero tolerance for "racing", even though that's not what you were doing.
Just my $0.02
Best bet is to go and apologize. There was no one on the road. Just letting off steam. Happy to pay a fine but please reduce it to a non points offense. Has worked for me in the past. And not sure how it is in your state but the cop doesn't have to show up. They have one officer do all the tickets for the day.
The judge and cops appreciate honesty more than anything and if you have a clean driving record it's likely to stay that way. Lawyer will cost money and only makes them go for a conviction more. Most communities have zero tolerance for "racing", even though that's not what you were doing.
Just my $0.02
05-18-2019, 01:08 PM
#82
Banned
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Look up your state's laws regarding Deferred Prosecution. Ask the Judge (it's really up to the state's attorney) for that. Do a few hours of community service. No fine. No points. Done. And you don't need an attorney for this.
05-18-2019, 01:08 PM
#83
05-18-2019, 01:47 PM
#84
Frankly, this should be a slam dunk for you and your lawyer. The only item listed in the law that you posted which may be applicable is "exhibition of acceleration". The state/cop are hopeful that you pay the ticket and don't challenge it.
Formally request in writing through the discovery process from the state the following:
1. The calibration documentation for the police officer's accelerometer.
2. The make, model, and operating manual of the accelerometer that the police officer used to detect your acceleration.
3. The posted acceleration limit on the road that you were traveling on.
4. Dash cam footage from the police officer's cruiser.
5. A list of all the witnesses/by standers that you were "exhibiting your speed" to.
I've gotten all this stuff before for their radar guns/speed detectors - (not accelerometer which don't exist). No problem. Failure to comply with the discovery is evidence in itself. They should respond in writing that these don't exist.
More importantly, whatever the court date is on the ticket etc, get it moved because you are on business travel that day (or something to that effect). These court dates are based on the officer's shift and vacation schedule. Move the date and you increase the probability that the police officer will be a no show. No show for the "trial" equals dismissed.
I've gotten 3 tickets dismissed for BS crap.
Formally request in writing through the discovery process from the state the following:
1. The calibration documentation for the police officer's accelerometer.
2. The make, model, and operating manual of the accelerometer that the police officer used to detect your acceleration.
3. The posted acceleration limit on the road that you were traveling on.
4. Dash cam footage from the police officer's cruiser.
5. A list of all the witnesses/by standers that you were "exhibiting your speed" to.
I've gotten all this stuff before for their radar guns/speed detectors - (not accelerometer which don't exist). No problem. Failure to comply with the discovery is evidence in itself. They should respond in writing that these don't exist.
More importantly, whatever the court date is on the ticket etc, get it moved because you are on business travel that day (or something to that effect). These court dates are based on the officer's shift and vacation schedule. Move the date and you increase the probability that the police officer will be a no show. No show for the "trial" equals dismissed.
I've gotten 3 tickets dismissed for BS crap.
1. Getting an attorney to represent OP is the smartest thing OP has done regarding this incident. OP's attorney knows the judge and if there is going to be any sympathy/courtesy extended, the judge will be more likely to do something based on the working relationship with the attorney.
2. Getting court date moved due to inconvenience of OP isn't going to fly since OP is represented by counsel.
3. How was the determination of exhibition of excessive acceleration arrived at? If it was the 'professional opinion' of the citing LEO, were they trained to provide expert witness testimony regarding exhibition of excessive acceleration? If trained, how long since they were last certified? And, and, and. IMO, this is going to be the most fruitful area to challenge the ticket.
05-18-2019, 05:26 PM
#86
Rennlist Member
Deny it, argue a faulty measurement, i was paced by a cop while he was coming up an entrance ramp so i told the ticket clinic lawyer he was traveling a longer distance to stay with me, i dunno what they argued but it was dismissed. With a clean record they usually dismiss, at least i’ve heard that about here in florida
Peter
05-18-2019, 05:31 PM
#87
Rennlist Member
Some thoughts:
1. Getting an attorney to represent OP is the smartest thing OP has done regarding this incident. OP's attorney knows the judge and if there is going to be any sympathy/courtesy extended, the judge will be more likely to do something based on the working relationship with the attorney.
2. Getting court date moved due to inconvenience of OP isn't going to fly since OP is represented by counsel.
3. How was the determination of exhibition of excessive acceleration arrived at? If it was the 'professional opinion' of the citing LEO, were they trained to provide expert witness testimony regarding exhibition of excessive acceleration? If trained, how long since they were last certified? And, and, and. IMO, this is going to be the most fruitful area to challenge the ticket.
1. Getting an attorney to represent OP is the smartest thing OP has done regarding this incident. OP's attorney knows the judge and if there is going to be any sympathy/courtesy extended, the judge will be more likely to do something based on the working relationship with the attorney.
2. Getting court date moved due to inconvenience of OP isn't going to fly since OP is represented by counsel.
3. How was the determination of exhibition of excessive acceleration arrived at? If it was the 'professional opinion' of the citing LEO, were they trained to provide expert witness testimony regarding exhibition of excessive acceleration? If trained, how long since they were last certified? And, and, and. IMO, this is going to be the most fruitful area to challenge the ticket.
05-18-2019, 09:06 PM
#89
Rennlist Member
Even 45 in a 40 carries points penatly in most states. I'd be surprised if your brother actually avoided points - if he simply pled guilty and paid the fine.
05-18-2019, 09:21 PM
#90
Racer
Thread Starter
What to do after getting a accelerating too fast ticket? Me and my buddy just installed Dundan street headers today. Awesome sound, but now the Police will probably ticket me for just sitting at a stop light. I am poking the bear now!! Ha ha!