Orange County Rennlisters - got a speeding ticket on the 73. Officer was pacing
#1
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Join Date: Oct 2005
Location: South Orange County, CA
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Orange County Rennlisters - got a speeding ticket on the 73. Officer was pacing
I didn't even know that pacing was a legals means of gauging one's speed. Anyone ever successfully fight one of these?
#2
Chandler!
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I live in Orange County, NY, sorry.
However, don't fight it. Were you nice to the cop? Most of the time you plead not guilty, go to court and speak to the officer before you are called and see if he'll reduce the ticket down to 10mph over the limit, which is the lowest ticket you get - at least here in NY.
However, don't fight it. Were you nice to the cop? Most of the time you plead not guilty, go to court and speak to the officer before you are called and see if he'll reduce the ticket down to 10mph over the limit, which is the lowest ticket you get - at least here in NY.
#3
Three Wheelin'
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I've heard that is the hardest one to get out of if the cop shows up to court. In some states they dismiss the charges if he doesn't show up (TN). In GA they re-schedule but usually offer a reduced speed for a giuilty or NOLO plea. You take your chances though, especially if you weren't duly respectful and the cop does show up.
#4
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One basis to fight this type of ticket is to challenge the foundation of the officer's speed evidence, which in this case is his patrol car's speedo. You can subpoena the calibration records, and if it's not current or complete, as the judge at the trial to deem his speed evidence inadmissible. Remember, the officer has the burden of proof. Or you can just go to traffic school of you qualify.
#5
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Originally Posted by slaaw
One basis to fight this type of ticket is to challenge the foundation of the officer's speed evidence, which in this case is his patrol car's speedo. You can subpoena the calibration records, and if it's not current or complete, as the judge at the trial to deem his speed evidence inadmissible. Remember, the officer has the burden of proof. Or you can just go to traffic school of you qualify.
#6
Burning Brakes
Yeah, you can try for the calibration records...file a motion of discovery. How fast was it? If it was quite fast, you're better off trying for prayer of judgment if your state offers it...or getting a well connected (not necessarily intelligent, just well connected) traffic attorney.
#7
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I also live on OC and with insurance rates these days, you probably should go to traffic school. However, I can understand if you do not want to go. I vowed NEVER to return to that place. It is like hell. Seems only toothless and poor people go to traffic school Odd. Of course, every other county in CA allows online traffic school, but not OC. Good luck - I usually average 80-90 over the 73.
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#9
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Maybe I should add that this is my 3rd ticket. Traffic school is not an option (and online traffic school is not offerred in OC).
I am going to try and subpoena the officer's speedo calibration. Do I need to speak to a clerk or what? I have never tried this before. I guess I'll have to go to the court and figure this all out.
The worst part? I was coming back from having my Billstein's installed! :-(
Oh, I was going 90, but the officer was like 2 miles behind me and had to speed up to catch me. He also made a number of mistakes on the ticket...wrong model year, wrong birthdate, even put down that my court date was at 4am and has to change it to 8.
I am going to try and subpoena the officer's speedo calibration. Do I need to speak to a clerk or what? I have never tried this before. I guess I'll have to go to the court and figure this all out.
The worst part? I was coming back from having my Billstein's installed! :-(
Oh, I was going 90, but the officer was like 2 miles behind me and had to speed up to catch me. He also made a number of mistakes on the ticket...wrong model year, wrong birthdate, even put down that my court date was at 4am and has to change it to 8.
#11
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Does this have something to do with the fact that a lot of you guys get insurance through a broker? I've had probably 2 dozen tickets over 20 years of driving, sometimes as many as 4 in a year. I've never had a rate increase because of tickets (Allstate).
#12
Burning Brakes
Originally Posted by gravedgr
Does this have something to do with the fact that a lot of you guys get insurance through a broker? I've had probably 2 dozen tickets over 20 years of driving, sometimes as many as 4 in a year. I've never had a rate increase because of tickets (Allstate).
#13
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Our biggest anti-speed trap law is merely that only GSP may hide out of site of normal traffic, while all other traffic duty vehicles must be in plain site. I paid all my ticket and got all my points - just a cost of driving. Maybe my agent is shielding me, but my understanding has always been that the insurance companies only do record spot checks and your chance of having yours flagged is extremely low.
Could be this has changed with computer data mining, but my last ticket was about 18 months ago (+18 mph) and no change to insurance.
Could be this has changed with computer data mining, but my last ticket was about 18 months ago (+18 mph) and no change to insurance.
#14
Burning Brakes
GA also has things like a speed trap can only be stationed so close to a speed limit change sign and can't be on a downhill. In NC where there are no such laws, cops love to put traps right behind signs that drop the speed limit (which in some instances is pretty substantial, like one sign near me where it goes from 55 to 25) and get people while they are still slowing down. In MD they actively report moving violations to your insurance company (at least if there are points involved, which in MD means any moving violation)...cute, no? Also, some states have things like they can only not give you a discount if you have a ticket, while other states let them actually jack your rates if you have a ticket.
#15
Maybe I should add that this is my 3rd ticket.
I hate to say it but a lot is going to depend upon your judge. One of the first things many judges do is to check your record, and two prior speeding tickets is not good. I assume these other two tickets were given to you in the last couple of years. The other thing that may work against you is your car. Some judges just don't like Porsche owners. Traffic Court judges don't make much money, and some of them resent guys who can afford high priced cars.
I hate to say it but a lot is going to depend upon your judge. One of the first things many judges do is to check your record, and two prior speeding tickets is not good. I assume these other two tickets were given to you in the last couple of years. The other thing that may work against you is your car. Some judges just don't like Porsche owners. Traffic Court judges don't make much money, and some of them resent guys who can afford high priced cars.