Got a ticket this morning! Ideas welcome
#1
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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?
#2
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I think you have two options to fight this. 1. Go to court yourself. The prosecution might not be able to put on a case and the court may dismiss the matter. Even if the prosecution puts on a case (call the officer to testify), the court may be inclined to dismiss the matter based on insufficient evidence (the eye-balling). 2. Hire an attorney. Usually their fees are preset and are not too bad. They handle these types of matters every day and you won't have to do anything but cut a check to your attorney--unless your jurisdiction requires you to show up in court (most don't).
Eye-balling?!? Man, that is crappy. Good luck.
-NEK, Chicago
Eye-balling?!? Man, that is crappy. Good luck.
-NEK, Chicago
#3
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Did he produce documents attesting to when he last had his eyes calibrated? I'd go to court.. Worst case is that they reduce the speeding ticket but you'll most likely pay for the no front plate (no points on that if I'm not mistaken). Most likely the speeding will get thrown out. I speak from experience only because it has happened to me twice and they were both thrown out. A collasal hassle none the less though.
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Hey Robin ... here in Vancouver an officer's approximation will hold up in court as they are "trained in speed estimation". However, there is always a margin for error, so if it makes a difference to you as to whether it's 70 or 60, then you should challenge at least that. Also, depending on where you were (coming around a curve?), the distance over which you could be seen to render this judgement may also be a factor. Finally, maybe s/he won't show up in court and you get lucky :-)
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Many jurisdictions will reduce the offense to a non-moving violation in exchange for a fine. Sometimes you need a lawyer to get it done and sometimes not. Depending on what your time is worth it seems a lot easier to go that route than to spend a day waiting around in court to make an argument that may just annoy the judge.
-Steve
-Steve
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In Utah, you can go to traffic school 1x every 3 years for a speeding ticket and it wont go on your record. Its actually a comical experience. Hearing people why they should be justifed to speed is funny- "I can speed in a gated community, thats why we have a gate is to keep police out"..."You cant give me a ticket for speeding since I was going downhill."
I would give a shot and showing up in court and hope the cop doesnt show.
I would give a shot and showing up in court and hope the cop doesnt show.
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This could be expensive if you lose....100% over. Yikes.
I have always used a lawyer as they (in my cases) have cost just slightly more than the ticket and they are highly likely to get the ticket dropped...not just pleaded down.
The ins and outs of the law are not something I want to learn for tickets. There are lots of ways to get the case dropped.
Good luck and fight them!
I have always used a lawyer as they (in my cases) have cost just slightly more than the ticket and they are highly likely to get the ticket dropped...not just pleaded down.
The ins and outs of the law are not something I want to learn for tickets. There are lots of ways to get the case dropped.
Good luck and fight them!
#9
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start here:
http://www.helpigotaticket.com/declar/index.html
I went thru this when a CHP gave me a "pacing" ticket on I-280. The decision on my "trial by declaration" was "guilty", so I requested a new trial. The CHP didn't show up, so the ticket was dismissed. Cost to me = $0.
Good luck --- your 'case' looks stronger than mine was!
http://www.helpigotaticket.com/declar/index.html
I went thru this when a CHP gave me a "pacing" ticket on I-280. The decision on my "trial by declaration" was "guilty", so I requested a new trial. The CHP didn't show up, so the ticket was dismissed. Cost to me = $0.
Good luck --- your 'case' looks stronger than mine was!
#10
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95 C4 993- In Texas, the police have no jurisdiction for traffic in gated communities as these are private roads. Can't get a ticket for speeding, running a stop sign, driving wrecklessly or ANY traffic offense.
Robin, I've heard of substituting a ticket for "driving too fast for conditions" or "wreckless driving" when police want to give out a speeding ticket but don't have the actual speed. "Eyeballing" is a new one on me. Get an attorney- couldn't be more than the cost of the ticket and none of this would go on your record.
Although all this gives me an idea- maybe I can "eyeball" my income and property taxes!
-Jim
Robin, I've heard of substituting a ticket for "driving too fast for conditions" or "wreckless driving" when police want to give out a speeding ticket but don't have the actual speed. "Eyeballing" is a new one on me. Get an attorney- couldn't be more than the cost of the ticket and none of this would go on your record.
Although all this gives me an idea- maybe I can "eyeball" my income and property taxes!
-Jim
#12
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Unfortunately, police officer's "eyeballed" speed readings are considered admissible because they are
trained professionals and judge speed for a living.
This has held up many times in Texas.
trained professionals and judge speed for a living.
This has held up many times in Texas.
#13
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If the courts accept the officers version you are screwed due to the fact it was 30mph over the posted limit taking traffic school off the table and adding a point to your license for three years, which your ins agent will catch on your next renewal.
This can be as much as $1000.00 increase over that three years (ask me how I know), so I recommend not taking a chance by representing yourself in court and fighting it with the help of an attorney.
He can do a much better job of winning a max speed reduction so even if you ultimately loose, you will be able to do on-line traffic school, pay a fine and get on with your life.
There is no guarantee that the amount you will spend will be less than the three year ins increase if you get nailed for the whole enchilada, but if you have to pay that much anyway, don't give your ins carrier any excuse to raise your rates.
Good Luck..........ZP44
This can be as much as $1000.00 increase over that three years (ask me how I know), so I recommend not taking a chance by representing yourself in court and fighting it with the help of an attorney.
He can do a much better job of winning a max speed reduction so even if you ultimately loose, you will be able to do on-line traffic school, pay a fine and get on with your life.
There is no guarantee that the amount you will spend will be less than the three year ins increase if you get nailed for the whole enchilada, but if you have to pay that much anyway, don't give your ins carrier any excuse to raise your rates.
Good Luck..........ZP44
#14
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Originally Posted by pcar964
haha - he "eyeballed it!" that's a good one. I fought a ticket recently where he used a radar, and I beat it. This should be a walk in the park.
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#15
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Hire an attorney. In California the police officer will act as the DA. An attorney should be able to get most of the officer's evidence bounced or seriously discredited.
I would like to see that.
I would like to see that.