Got a ticket this morning! Ideas welcome
05-02-2006, 01:59 AM
#31
Originally Posted by Rick Lee
I got a ticket for "defective exhaust" in my SC last week. There's nothing defective at all about new SSI's and a B&B dual in/out. The law says nothing about a decibel level and VA has no facilities for testing this stuff. Cop just said it was too loud. $87, but I'm going to court to fight this one.
05-02-2006, 02:08 AM
#32
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1.) To fight this ticket contact www.stantheradarman.com - no affiliation, just a satisfied customer.
2.)" 22350. No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property."
3.) 22350 has nothing to do with the speed limit, it has to do with what is a safe speed given the conditions, so long as you are not going faster than the 65 maximum speed in the state. Given that you were not clocked at over 65, you have 5 mph to play with being the difference between the state maximum and the "eyeball" - so now you are at 65mph or less. Now it is the States case to prove that whatever speed you were traveling was unsafe given the conditions stated above. The only way the State can prove it's case with regard to speed is to present an engineering survey completed within the past 5 years that confirms what the safe speed for that particular road is. If they can't - case dismissed.
If the road was dry, traffic was light, visibiliy was good, their only case is based on speed. Only a survey completed within the past 5 years can prove that the road was not engineered for the speed you were traveling. If they can't present it - not guilty.
I don't know why they write these up as "basic speed law" violations, as they give you a MAJOR out. If he had written you up for exceeding the posted limit, you're guitly. I guess it's there own form of natural selection, if you are smart enough to fight it, you deserve to get off.
Robin, I hope this helps.
2.)" 22350. No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property."
3.) 22350 has nothing to do with the speed limit, it has to do with what is a safe speed given the conditions, so long as you are not going faster than the 65 maximum speed in the state. Given that you were not clocked at over 65, you have 5 mph to play with being the difference between the state maximum and the "eyeball" - so now you are at 65mph or less. Now it is the States case to prove that whatever speed you were traveling was unsafe given the conditions stated above. The only way the State can prove it's case with regard to speed is to present an engineering survey completed within the past 5 years that confirms what the safe speed for that particular road is. If they can't - case dismissed.
If the road was dry, traffic was light, visibiliy was good, their only case is based on speed. Only a survey completed within the past 5 years can prove that the road was not engineered for the speed you were traveling. If they can't present it - not guilty.
I don't know why they write these up as "basic speed law" violations, as they give you a MAJOR out. If he had written you up for exceeding the posted limit, you're guitly. I guess it's there own form of natural selection, if you are smart enough to fight it, you deserve to get off.
Robin, I hope this helps.
05-02-2006, 11:33 AM
#35
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fbfisher,
Thank you so much!!!! That was the best information I have gotten about this so far. I take a look at the link and go on from there.
Thank you
Thank you so much!!!! That was the best information I have gotten about this so far. I take a look at the link and go on from there.
Thank you
05-02-2006, 03:44 PM
#36
Three Wheelin'
35 mph OVER is going to really hurt when it comes time to renew your insurance! As a former LEO, I can tell you that the best advice you have received is to get a lawyer and contest it. Estimation is valid, but there is room for error, and at the very least, the court will probably drop the speed 10 mph or more, which will probably hurt (cost) a lot less. If you don't want to get a lawyer, pleading "Nolo Contendre / No Contest" and hoping for "defered adjudication" is another way to go. Having said that, there are lots of ways to contest the ticket and a lawyer who specializes in traffic offenses will be familiar with them. At least make a few calls... you can probably get some free professional advice over the phone on how best to proceed.
05-02-2006, 06:19 PM
#37
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If they "eye balled" your speed, then why they have radar for???? either one or the other but not the two, you got my drift., cheers, Sonny.
Originally Posted by Robin 993DX
My turn to get pulled over for a ticket, 1st one in 5 years after purchasing the V1. My V1 didn't go off so I know he didn't use any radar device to clock my speed.
The officer told me that I was going 70 mph on a 35, when I asked him to show me his radar he said that he eye balled it.
So he wrote me up for
(1). No front license plate
(2). Unsafe speed
Under that in the box section he put down:
Speed approx. 70 Max speed 35 didn't put a check mark on radar, laser box.
Any strategy to fight this one?
The officer told me that I was going 70 mph on a 35, when I asked him to show me his radar he said that he eye balled it.
So he wrote me up for
(1). No front license plate
(2). Unsafe speed
Under that in the box section he put down:
Speed approx. 70 Max speed 35 didn't put a check mark on radar, laser box.
Any strategy to fight this one?
