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Fighting a Speeding Ticket...

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Post Options Post Options   Thanks (0) Thanks(0)   Quote GI JOES SON Quote  Post ReplyReply Direct Link To This Post Posted: 17 June 2008 at 11:11am
doesnt matter if he didn't sign it or not, its still valid.

as for fighting it, check your local laws. in ny now they have a law where if you show up and the cop doesn't the judge can still claim your guilty and do crap to you; although you weren't going that much over so it would only be a fine
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Rambino Quote  Post ReplyReply Direct Link To This Post Posted: 17 June 2008 at 11:22am

If you are anywhere near a city, they will have a two- or three-stage process before you get to trial, and you will have plenty of opportunities to plead down.

The courts are busy - they can't schedule a trial for every speeding ticket, so they have cattle call pleading sessions instead.  Only if you plead not guilty at that time will you go to trial.  And the purpose of those sessions is pretty much to discourage people from going to trial, so they usually have a standard offer, like half the fine, or no points, or whatever.

I go to court for all of my speeding tickets.  I never plead not guilty, always take the deal offered, and it saves me lots of money and lots of points.

Smaller towns and rural areas may be different, simply due to the smaller docket.  But even there having trials for speeding tickets is a waste of time, so pleadings are always possible.

As for actually contesting a speeding ticket - good luck.



Edited by Rambino - 17 June 2008 at 11:23am
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Post Options Post Options   Thanks (0) Thanks(0)   Quote jmac3 Quote  Post ReplyReply Direct Link To This Post Posted: 17 June 2008 at 11:51am
Originally posted by carl_the_sniper carl_the_sniper wrote:



Most cops have one day every little while that they use to go to court on. If your date does not fall on theirs, they will not show up and you will win.


Here(in MA) you see the Clerk Magistrate and they have a State Police trooper in the court all day to represent whatever cop it was.

I was fighting a driving without a license fine/whatever, and I sat there one day. They tended to offer anyone who showed up the minimum fine of $100 no matter what the ticket was. Or they could have paid $20 o see a judge and fight it further.

For me, they took off the driving without a license and lowered my speeding fine from the $200 it should have been to the $100 minimum.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Zata Quote  Post ReplyReply Direct Link To This Post Posted: 17 June 2008 at 11:54am
Originally posted by Rambino Rambino wrote:

If you are anywhere near a city, they will have a two- or three-stage process before you get to trial, and you will have plenty of opportunities to plead down.

The courts are busy - they can't schedule a trial for every speeding ticket, so they have cattle call pleading sessions instead.  Only if you plead not guilty at that time will you go to trial.  And the purpose of those sessions is pretty much to discourage people from going to trial, so they usually have a standard offer, like half the fine, or no points, or whatever.

I go to court for all of my speeding tickets.  I never plead not guilty, always take the deal offered, and it saves me lots of money and lots of points.

Smaller towns and rural areas may be different, simply due to the smaller docket.  But even there having trials for speeding tickets is a waste of time, so pleadings are always possible.

As for actually contesting a speeding ticket - good luck.



Thanks, that really helped.  The county I live in has around 250,000 people, and the biggest city has about 40,000.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote cdacda13 Quote  Post ReplyReply Direct Link To This Post Posted: 17 June 2008 at 3:11pm
What state you in?
In New Jersey, theres "unsafe driving." Any 4 point ticket can be reduced to 0 points if the prosecutor offers. Problem is, it costs $439.
Go to court with it. As Rambs said, they will offer you a plea deal. Courts don't want to deal with tickets. I'll assume since its 20 over, its a 4 point ticket. If you dress nicely and make a great first impression on the prosecutor, you will offer you to a plea deal down to 2 points. Call your insurance and ask if two points will raise your insurance.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote merc Quote  Post ReplyReply Direct Link To This Post Posted: 17 June 2008 at 3:22pm
my supervisors son is a cop. he was telling me a few months ago he had a day where everyone was doing right around 70 in a 45mph zone. he wrote a dozen or so tickets and towards the end of the shift he relized his radar was set to KPH not MPH... i figure if i ever get tagged at a crazy high speed that will be my argument.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Zata Quote  Post ReplyReply Direct Link To This Post Posted: 17 June 2008 at 3:24pm
Originally posted by cdacda13 cdacda13 wrote:

What state you in?
In New Jersey, theres "unsafe driving." Any 4 point ticket can be reduced to 0 points if the prosecutor offers. Problem is, it costs $439.
Go to court with it. As Rambs said, they will offer you a plea deal. Courts don't want to deal with tickets. I'll assume since its 20 over, its a 4 point ticket. If you dress nicely and make a great first impression on the prosecutor, you will offer you to a plea deal down to 2 points. Call your insurance and ask if two points will raise your insurance.


I'm in Michigan, he wrote me for 10 over, which is cool that he gave me a break, but I still don't think I was doing that much over.  This whole 'pace' thing annoys me.  I'd rather pay for a ticket and increased insurance knowing I really was going that fast rather than have it being an estimate.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Zata Quote  Post ReplyReply Direct Link To This Post Posted: 17 June 2008 at 4:35pm
Just talked to my cousin who has fought tickets before.  He says that our courts don't charge anything and that it's done in front of a magistrate.  So I'm defiantly gonna give it a shot.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote cdacda13 Quote  Post ReplyReply Direct Link To This Post Posted: 17 June 2008 at 4:59pm
Simple google search of "speeding pacing"
Quote PACING WITH ANOTHER VEHICLE

     Pacing simply means that the officer followed you with another vehicle, attempting to maintain a constant distance and referring to his speedometer to gauge your speed. In this case, the calibration of the police car is critical to your defense. The defense strategies that we outlined earlier may not all apply since the officer does not have to be specifically trained in reading a speedometer, and it is unlikely he was following the wrong vehicle. Your best bet is that the officer does not appear in court and that the prosecution fails to prove all the points in the specific section of the vehicle code.

     Review the cross examination sections that we have discussed earlier and also the radar ticket cross examinations. These questions should get your thinking on the right track in order to prepare the questions for the motor pacing case. Some of the more important items for you to remember are the following:

     Make sure the officer is giving recollection of the incident and not reading directly from the back of the citation.

     Make sure that the officer testifies that the unit was calibrated at a certain date, and that the calibration certificate is present in court. Also, the qualifications of the technician that calibrated the unit should be available. Review the officers testimony carefully and also the prosecutors line of questioning. If they leave out any of the points covered in the vehicle code, you have grounds for motion to dismiss. Don't expect that this will automatically happen, because the judge may allow the prosecution to reopen their case if they do omit something.  Ask the officer a series of questions concerning the other traffic on the road. Ask him if during the time he was pacing you, he passed any other vehicles. If not, that would indicate that you were traveling at the same speed as the other vehicles at that time of day on that section of road.

     Ask the officer as to the exact distances covered from the time the officer began to pace the speed of your vehicle until you were stopped.  You would also want to know the estimated distance between the two vehicles at all times.  Review the math and see if the officer actually had to speed up in order to close the distance between your vehicles before he pulled you over.  It's possible he could have used the accelerated speed and used that speed as the basis for the ticket.

Taken from How to beat speeding ticket.



Edited by cdacda13 - 17 June 2008 at 4:59pm
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Post Options Post Options   Thanks (0) Thanks(0)   Quote rockerdoode Quote  Post ReplyReply Direct Link To This Post Posted: 18 June 2008 at 12:07pm
Originally posted by merc merc wrote:

my supervisors son is a cop. he was telling me a few months ago he had a day where everyone was doing right around 70 in a 45mph zone. he wrote a dozen or so tickets and towards the end of the shift he relized his radar was set to KPH not MPH... i figure if i ever get tagged at a crazy high speed that will be my argument.


Dude...your supervisors son is an idiot.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote ammolord Quote  Post ReplyReply Direct Link To This Post Posted: 18 June 2008 at 12:08pm
Originally posted by rockerdoode rockerdoode wrote:

Originally posted by merc merc wrote:

my supervisors son is a cop. he was telling me a few months ago he had a day where everyone was doing right around 70 in a 45mph zone. he wrote a dozen or so tickets and towards the end of the shift he relized his radar was set to KPH not MPH... i figure if i ever get tagged at a crazy high speed that will be my argument.


Dude...your supervisors son is an idiot.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Lightningbolt Quote  Post ReplyReply Direct Link To This Post Posted: 18 June 2008 at 12:19pm

You should always fight it and expect the officer will be there.  Where in MI do you live?

A good lawer should be able to keep you from getting points.  Faulty equipment.

 



Edited by Lightningbolt - 18 June 2008 at 12:20pm
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Zata Quote  Post ReplyReply Direct Link To This Post Posted: 18 June 2008 at 12:25pm
Originally posted by Lightningbolt Lightningbolt wrote:

You should always fight it and expect the officer will be there.  Where in MI do you live?

A good lawer should be able to keep you from getting points.  Faulty equipment.

 



I live in Port Huron.  I don't really think a lawyer is necessary for a speeding ticket.  I'd probably spend more money on the lawyer than I would save by fighting it.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Lightningbolt Quote  Post ReplyReply Direct Link To This Post Posted: 18 June 2008 at 12:28pm
Can't help you I don't know anyone in Port Huron. 
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Post Options Post Options   Thanks (0) Thanks(0)   Quote RoboCop Quote  Post ReplyReply Direct Link To This Post Posted: 18 June 2008 at 1:48pm
Something tells me CDA has experience with tickets. That might be because of his cars too.

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