Got a ticket today...
Race Director
Joined: Jun 2003
Posts: 15,122
Likes: 337
From: Los Altos, CA
Best of luck on the contest. Your best case is that he misses the court date and you win by default. Happened to me before...
CP
Drifting
Joined: May 2004
Posts: 2,193
Likes: 18
From: New Zealand
It depends on the definition of 'wrong'. He may have mis-stated your speed, but your were still over the limit, and technically that is still a ticketable offense.
Best of luck on the contest. Your best case is that he misses the court date and you win by default. Happened to me before...
CP
Best of luck on the contest. Your best case is that he misses the court date and you win by default. Happened to me before...
CP
Rennlist Member
Joined: Mar 2006
Posts: 1,388
Likes: 5
From: Damascus, MD
I say fight it. Concede that you were over the limit, but by only the amount you believe is correct, and supported by the GPS data, about 9mph (instead of 20mph, which is a different level of offense in most states.) Bring your data download/printout from your computer. I would also bring the GPS with me, although I don't believe most Garmin units allow you see the speed data on tracks directly on the GPS.
Also, if the cop was pacing you to determine speed, ask for the cop to identify when was the last time the speedometer on his cruiser was certified. AKAIK, in order to be valid in court, police have to periodically test/certify speedometers, as well as radar & laser gear. If certification can't be determined or is out of date, you should get off based upon the technicality. But I'm not sure what documentation/proof you are entitled to see/have brought to court by the officer.
Also, if the cop was pacing you to determine speed, ask for the cop to identify when was the last time the speedometer on his cruiser was certified. AKAIK, in order to be valid in court, police have to periodically test/certify speedometers, as well as radar & laser gear. If certification can't be determined or is out of date, you should get off based upon the technicality. But I'm not sure what documentation/proof you are entitled to see/have brought to court by the officer.
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Drifting
Joined: Apr 2008
Posts: 2,650
Likes: 3
From: Calgary, Alberta
Greg:
If there are agents available in your home city who fight speeding tickets, you may want to retain one.
I refer all our family member tags to our local agent, and none of us have any points. The traffic courts are overbooked, and the prosecutors will usually deal.
If there are agents available in your home city who fight speeding tickets, you may want to retain one.
I refer all our family member tags to our local agent, and none of us have any points. The traffic courts are overbooked, and the prosecutors will usually deal.
Rennlist Member
Joined: Dec 2009
Posts: 167
Likes: 15
Based on my recent experience, here is what "worked" for me...early Sunday morning in my 993 in the desolate country...no one around, except a trooper coming at me over a mile away. No detector. Bam. Court date: Pleaded guilty...no BS...humble...clean driving record...no points, no driving school, just paid the fine. Judge was pretty cool about things. Believe me, after overhearing other violations, like DUI, hit and run, routine speeding violations, etc, I felt the court had bigger fish to fry.
Nordschleife Master
Joined: Nov 2009
Posts: 5,077
Likes: 468
From: Toronto & Mont Tremblant
Man that`s a license to speed! You`d loose your license for eons for that up here. We loose our cars for a week if nailed at 50 kms (30mph) over, huge fine, big insurance premium increase......
Addict
Rennlist Member
Rennlist Member
Joined: Jun 2001
Posts: 2,230
Likes: 10
Be interested how you got out of it when stopped? And how the lawyer plead your case.
Rennlist Member
Joined: Sep 2008
Posts: 3,455
Likes: 439
From: Flyoverland - Central, Ohio
Figure out the procedure for the court you need to attend. Then ask for a continuance and "discovery", such as training records for the officer, log books on the equipment certification / re-certification, and the officers copy (both sides of each page) of the ticket and any notes the officer may have taken.
Usually this is done vis the prosecutor's office. When they ask why (or are you a law student) let them know it is about the points not the fine, and they may just offer you to "pled" to a non moving violation and possibly a reduced fine. As others have said, bigger fish to fry . . .
Having a clean driving record is very valuable in such negotiations, thus it is worth the effort to exercise you rights on each and every ticket. You do not have to prove you are innocent, they have to prove you are guilty. And if they get the numbers wrong, that is reasonable doubt of your guilt.
The officer was just doing his / her job, a job we can all appreciate. Don't make it personal, just the facts ma'am.
Usually this is done vis the prosecutor's office. When they ask why (or are you a law student) let them know it is about the points not the fine, and they may just offer you to "pled" to a non moving violation and possibly a reduced fine. As others have said, bigger fish to fry . . .
Having a clean driving record is very valuable in such negotiations, thus it is worth the effort to exercise you rights on each and every ticket. You do not have to prove you are innocent, they have to prove you are guilty. And if they get the numbers wrong, that is reasonable doubt of your guilt.
The officer was just doing his / her job, a job we can all appreciate. Don't make it personal, just the facts ma'am.
Instructor
Joined: Oct 2003
Posts: 128
Likes: 0
From: Newport Beach,Ca
i fight every ticket. i just got denied on requesting a trial by declaration due to the courts illegal policy of denying TBD on any ticket that you have requested an extension on (newport beach Ca) even though the code says if its timely you have a right to a TBD. So my atty will show up and after the prosecution always ignores by the request for discovery on all infractions (speedometer calibration) it will be dismissed for lack of prosecution. I'm 5 for 6 on doing TBD in the past but this one I had to make a mandatory appearance- wrote up for 30 over. The lesson here- always go to the court on a mandatory appearance before your due date on the ticket and force the clerk to accept your declaration and bail. Then make your mandatory appearance on another day.