| Author | Message | ||
     Thumper74 |
I got nabbed, alledgedly doing 58 mph in a 35 mph zone in a small town. This is only my second speeding ticket since I got my license and my first in over 4 years. I pulled over, killed it and kept my hands on the bars until he walked up. At which point I told him I was taking my helmet and gloves off. I then explained that my wallet was in my tank bag and that I would be opening it. He still unclipped his gun and had his palm on it… There is no way I was going that fast. I was doing a maximum of 45 mph as I was a couple hundred feet from the 55mph sign. He stated that he locked me in at that speed a ways back, ie probably an 1/8th mile in the dark while raining (more of a mist) and driving towards me. I’ve been driving through this town for over eight years, my mom has worked there for 15 years and my dad use to work with the previous Mayor. I’m perfectly aware of how aggressive the police are there. They routinely follow my bike through town as I get off at 1am. He ‘worked’ with me and made it a 55 in a 35 because it’s only 2 points. 21+ is considered wreckless operation and is 6 points. I would be grateful that in this instance if I was indeed going that fast, but I wasn’t, so I’m furious. Do I have a leg to stand on if/when I go to court? Basically it’s me vs. him. Like I mentioned before, it was my first ticket in four years and only my second in almost 9 years. I question the accuracy of shooting me from a moving vehicle from 1/8th to a quarter mile away, in the dark and rainy conditions. How can I be absolutely know that the gun is acting properly and that he didn’t get someone else on radar? He pulled me over an honest 3 miles later WAY outside of his jurisdiction for a non-violent offense. He got the color of my bike wrong on the ticket, which I’ve been told usually gets the ticket thrown out. I would normally understand I the dark, BUT, he had his flashlight on the tank while I was getting my wallet out. | ||
| Xl1200r |
Wrong color on the ticket probably won't get the ticket tossed, unless you're bike is white and he wrote down black. Even the wrong address, or a misspelled name won't do it. The only time I know of a judge tossing a ticket was for a buddy of mine where the cop left the areas blank for how fast he was going and what the speed limit was for that stretch of road. I've been driving now for 9 years. I got the first ticket in my LIFE about 2 months ago. The cop offered to do me a favor and work with me, but in the end it ended up screwing me even harder than if I had just plead guilty to the original ticket. My advice: spread your cheeks a little when you bend over, it'll hurt less. BTW - The guns are tied into the vehicle speedometers, so they are designed to subtract the speed of their car from the reading (either that, or they do math afterwards). You're into a "his word vs. your word" situation, and you're below the law, so your word means less. Is the amount of points any different between a 55mph and a 45mph ticket? My REAL advise is choose your battles wisely and make this as easy on yourself as you can. | ||
| Djkaplan |
Check your state laws. I know a guy who beat his ticket (he actually was speeding) because the speed limit signs have to go down in increments over a specified distance. In that particular stretch of road, they didn't exactly follow the guidelines and he was off scott free. Even if you don't find a problem with the signs, you should still have your day in court to tell your side of the story. Wear a tie and present yourself in an orderly manner... perhaps make some illustrations to support your statements. I think judges are happy when they encounter someone who isn't a dreg of society based on the appearances I've made in court. I successfully defended myself the last two times I've been ticketed... running a red light in my truck and crossing the centerline on my bike, just by presenting my side in a clear and respectful manner... I actually practiced it before I appeared. It worked. Don't come off as Foghorn Leghorn, though... | ||
| Xl1200r |
Also - I know where I'm from, your first ticket (or if there are none showing on your record) will generally get reduced to a non-moving violation by the judge - no points and they still get some cash (unless you did something REALLY bad). However, this was not the case when I got my ticket in PA. | ||
| Supafast |
Also if you can postpone your court date that may help. The cop wrote X amount of tickets that same day and they are all most likely scheduled for court the same day as yours. If you postpone your date, it is likely that the cop wont show up for just one case. Thats what happened to me, the cop didnt show and the judge asked me what my plea was? I looked around and said not guilty. I was off scott free.... | ||
| Randlepmcmurphy |
I agree with the postpone idea. I got a ticket while driving through SC 80 in a 60 plus driving to fast for conditions (it was snowing) I tried to explain to him that I was from Colorado and I had adequate snow tires and 4wd, besides the snow wasn't even sticking. Anyways being in the military I kept getting it put off due to deployments and training exercises. About two months after the original court date the DA called me and reduced the charge told me to mail a check. So much for mandatory court apperance. | ||
| Djkaplan |
In Gwinnett County, Georgia, the courts are so clogged up with real issues, they'll bargain with you to plead 'guilty' to lesser charges for most minor moving violations. I had a $75 fine and points reduced to $15 and no points when I initially plead 'not guilty'. I took the deal with a smile and handshake and was off... not entirely scott free, but free enough (who is that guy anyway?). On a side note, while I was waiting for court to begin in the new modern Justice Center, I was sitting in a waiting area under an escalator with glass sides... and I noticed that you could look up the skirt of every woman that was using it. You just gotta laugh sometimes. Not too loud though... that place was full of police. | ||
| Tramp |
Plead innocent and then speak with the officer in court, before court comes to order. A respectful visit to the station wouldn't hurt, and if your speedo cable suddenly breaks, and you immed. bring it to a licensed shop for an estimate, bringing said estimate to court may not hurt, either. The cop had every right to unclip and palm his sidearm as you went for your license in your bag. For him to have done less would have been irresponsible and negligent of his duties in protecting the public. You could get far worse tickets, these days...your 2 pt. 55 in 35 is no cross to bear...you could always plead guilty and pay it. | ||
| Cyclonedon |
get court supervision and pay the fine and do the traffic school. This way you won't get points off your license if you complete the supervision. I've also heard that if you pay your fine and send in a couple of extra dollars that it creates a mess in their accounting system and somehow it doesn't get completed to the point of losing points off your drivers license. I don't know if that is true, but I read it somewhere. I've got two tickets on my Uly so far. The first one I went and got court supervision, the second, I just paid the fine. The fine is not very bad as far as cost, it's the insurance is where a ticket costs the most. | ||
| Nevrenuf |
thump, unless you want to try the delay thing, which i never thought of that and it just might work. color doesn't mean anything. i got nabbed at 101 in a 75 on i-4 outside of tampa and when he wrote up the ticket, he didn't have the right bike down at all. he just pulled a bike off of the drivers license info. he put down the 83 that hasn't been on the road for over 6 years. and everyone i asked said it wouldn't make a difference if i took it to court and the cop was there. if you pay it, do the school also. i'll be lucky if i can do one more school though. | ||
| Firebolt32 |
 geez Neil...Your best bet is to just pay it Thump. If you go to court and it doesn't go in your favor you have to pay court costs as well as the ticket. Trust me...my driving record is thicker than most novels. Also I advise to pay out of state tickets you get as well. Never know when you'll be back and pulled over again. Warrants in other states are not cool bro. Again...trust me. | ||
| Xl1200r |
Also if you can postpone your court date that may help. The cop wrote X amount of tickets that same day and they are all most likely scheduled for court the same day as yours. If you postpone your date, it is likely that the cop wont show up for just one case. Thats what happened to me, the cop didnt show and the judge asked me what my plea was? I looked around and said not guilty. I was off scott free.... Some states, including PA, will allow another officer from the same dept to show up instead (ask me how I know...). All the officer has to do is tell his buddy who's in court on your day to stand in his place. You can appeal it after if you want and the issuing officer will have to show up to that, but that point he'll ust be annoyed that you drug it out that far and likely won't budge. | ||
| Ezblast |
I have done the delay tactic and it has worked for me. EZ | ||
| Thumper74 |
I remember hearing that the officers generally have the same day of the week in court and that if you reschedule to a later date, make sure it isn't the same day of the week. I just did that. I just called, the fine is 69.00 and I asked to push the court date back. I noticed another discrepancy on the ticket. | ||
| Dynasport |
I guess it varies somewhat from place to place, but my daughter recently received a ticket for having a an unseatbelted passenger who was under 18. She and her passenger both swore to me that the guy had his seatbelt on, so we chose court. For the first appearance (arraignment) everyone but my daughter plead no contest and gave some excuse as to why they had violated whatever law they had been charged with violating. Without exception the judge withheld adjudication and imposed a fine which came without points. My daughter plead not guilty. At court, the officer showed up, said the guy didn't have his seatbelt on. My daughter and her passenger said he did. Judge said guilty. I think the fine was the same as if we had just paid it to begin with. It just cost two trips to the courthouse and the frustration of being right, but it not mattering. | ||
| Nevrenuf |
like i said thump, they had a different bike not to mention being the wrong color. you were on a motorcycle and you got stopped. that's the only thing the judge needs to know more than likely. | ||
| Tramp |
Don't get too "cute" with regard to 'discrepancies' on the ticket... This often brings out the worst in both the magistrate and the officer (both of whom are in a position to agree to lighter charges). Just be respectful, and ask if they can refrain from putting points on your license | ||
| Leftcoastal |
I just paid my $321 (which includes the traffic school surcharge) for going 88 in a 65. Guilty as charged. CA Highway Patrol on the Glendale Freeway. Clocked while being paced from about a half dozen carlengths behind, so how do you argue with that? MY speedo said 90+! Didn't see her til the female officer hit the "whoop". Bummer. I will have to pay additional to the traffic school, but it won't go on my license or hammer my insurance. VERY effective at modifying my propensity to exceed the posted. Since the ticket if it says 65, I'm doing 63 or 64! Any of you So Cal/ LA riders beware - the 2 Freeway is now a MAJOR source of extra revenue for the local municipalities - I saw 5 CHP cruisers, 3 motors and one officer w/radar gun at the southbound Mountain St. on ramp just last week! AL | ||
| Thumper74 |
Was she hot? I've talked to a few friends of friends who are cops. They said if I 'know someone', have them contact the Mayor (Mayor's court) and see if they can throw it out as a favor. I have a buddy who is a Park Ranger in the area who regularly works with the local PD as well as my dad's former boss/friend, who was the former Mayor. In leiu of that, they said that working an angle will do nothing but make them want to stick it to me. I was told that if I claim my speedometer was bad and that I repaired it (buy a new speed sensor and install it) they would most like add an equipment violation. Either way, I was told that the officer would most likely nab me at every opportunity. My best course of action appears to be show up as a respectible, law abiding person, plead No Contest and explain that I am not denying the ticket, but ask for an arrangement that allows no points... | ||
| Tramp |
Now you're talking.  As for the speedo: Follow what i outlined- bring it to a certfied shop in non-working condition, ask for an RO stating that it was shot, and have it repaired (pay the shop to do it, so you have the repaired, cashed-out RO...still cheaper than a fine plus ins. premium difference over several years) When you approach the bench, state that your speedo reading was SO far off the obviously-correct reading of the officer's gun, that you decided to have it looked into. It is HIGHLY unlikley they'll enhance an existing speeding tag with an equipment tag- they'll likely swap one out for the other, esp. when the justice sees evidence that this ticket has already cost you $ (repair RO) Of course, that's presuming you don't have any police officer friends to reach out to. Best with this- (Message edited by tramp on June 26, 2008) | ||
| Thumper74 |
I do have a few, but not in this immediate area. Fiance works as a dispatcher for the State Highway Patrol, but we're not sure if anyone is willing to help us out as she hasn't even started working at this post yet. | ||
| Tramp |
Try the speedo repair thing first | ||
| Thumper74 |
However... if that doesn't work, I just spent WAY more than I needed to. | ||
| Brumbear |
plead down they want your money speak with the prosecuter go fines and no points | ||
| Gschuette |
I'm just going to say it. I really really dislike about 97.3% of police officers. It's hard to to find any that live up to the protect and serve motto. It's more along the lines of, to collect revenue and annoy the general populous. | ||
| Paint_shaker |
DJ wrote; "...you should still have your day in court to tell your side of the story. Wear a tie and present yourself in an orderly manner... perhaps make some illustrations to support your statements. I think judges are happy when they encounter someone who isn't a dreg of society based on the appearances I've made in court." SPOT ON MATE!!! ***Disclaimer, the following is NOT legal advice and merely based on personal observation*** Best ways to avoid points on your DL... 1) Be HONEST and don't be a douche canoe. Judges hate this more than LEOs. 2) Dress appropriate. Collared shirt at least, tie looks even better. 2) Don't try and make the officer look like a douche canoe. The judges know which officers write CS tickets and generally err on the def's side if this is the case. 3) Ask for a withold of adjudication (means you will pay a fine, but no points on your DL). I HAVE SEEN THIS WORK 99% OF THE TIME! 4) Ask for traffic school in leiu of points. You will still pay, but no points. I have seen this work 99% of the time. 5) Hire a lawyer who specializes in traffic tickets. He may win for you, he may not. If he doesn't win successfully, you will pay, but you most likely won't get points. Postponing your court date MAY work, but I would not recommend it. | ||
| Irideabuell |
Does anyone have experience with citations on a CDL? It is my understanding that you have zero options in Florida other than paying the ticket or going to court as your are not allowed to go to traffic school if you receive a moving violation, regardless of vehicle being driven, if you have a CDL. It's been entirely up in the air as to whether or not it's legal for me to drive our delivery vehicle without a CDL. It's a Freightliner, 26-foot box with a GVWR of 16,001#. I've been driving it anyway when my driver is on vacation, but looking into getting my Class C license doesn't seem that tempting with those rules. | ||
| Tramp |
one of the problems with this thread is the fact that each state's reg.s differ fro another, so that the advice posted here may not apply to Ohio. oh, yeah- and the villifying of police officers for actually doing their job and arresting speeders, who should know better....and the misuse of the expression "Douche canoe" | ||
| Thumper74 |
This officer was polite and I understand his position. I just wasn't going that fast. I'm not going to fight the ticket as I'll lose because it's a Mayor's court. I'm going to try to call in a favor and see where that goes... | ||
| Tramp |
I wasn't referring to you, Thumper...yours sounds like s good case for consideration....that's why I mentioned the speedo thing. It also doesn't sound like you were at all rude, so it would have been nice if he'd have let you slide. |
