Speeding Ticket Advice Please?

[TigerNSX]

Hi, here is my situation.

I received a speeding ticket (going on 60mph on 30mph zone) last summer. It was one of those cases where it was the last day of the month, and the police officer was just ready to grab anyone who "seemed" to go fast.

The truth was that I was only going 35-40mph when I saw the officer standing outside of his car from the distance. I immediately reduced the speed to 25-30, and as I approached him, he pulled me over. I did not see any radar in his hands from the distance(he was simply standing there). I did not know why I was pulled over.

I asked him what I did wrong: no answer from him. When he brought me the ticket, I asked him again: no answer. Then, I saw from the ticket that he marked that I was going 60 in 30 zone. I contested immediately to the court.

Today, I was at the hearing, and the police officer claimed that the radar was in his car, and started going on and about how easy it is to use it. I did not buy it. I appealed again. Now, I am scheduled for the actual trial in 4 weeks.

What is the best defense that I can do at this point? I just don't think that he used any radar, and 60 was a random number. He only gave me $70 ticket for going 30mph over speed limit. He claimed that he was being nice. However, this is what I don't understand. If he was being nice, why did he not tell me anything at that time?

Was it right for him to just stand outside of his car, and randomly pick cars to write tickets?

Was it right for him not to explain me what I did wrong?

Thanks for reading this, and I would appreciate any help. I would gladly pay for the ticket if I was indeed speeding. However, I was really shocked when he pulled me over, and claimed that I was going at 60.



[This message has been edited by Tiger740 (edited 18 December 2002).]

 

[TigerNSX]

Oh, one more thing.. should I hire a traffic lawyer for this?

 

[nsxtasy]

Originally posted by Tiger740:
Oh, one more thing.. should I hire a traffic lawyer for this?

Yes, definitely. Particularly since you're now appealing the verdict.

What he may tell you is that it may come down to the policeman's word against yours. And if it does, you may lose.

He may tell you what other options you have besides having the case heard with a good chance of losing.

 

[milz50]

If I were in your situation, I'd hire an attorney without a second thought.

I don't go to traffic court without one.

 

[NSX_Dreamer]

Hmm, sounds like if it's only a $70 ticket, you should pay it and get on with your life, especially if you can take a traffic class so that the ticket doesn't show up on your insurance.

Otherwise, you may want to consult a lawyer.

No one here is going to be able to give you accurate or good legal advice.

Best of luck.

 

[TigerNSX]

Thank you guys!

I am not too worried about $70 or having a record since this will be my first speeding ticket in my entire life.

What I am upset is the injustice that was put on me. I want to deliver a point to the judge or let him aware that some police officers "do" give out tickets randomly not based on the violation, but based on his "feeling".

Thank you so much for your advices.

 

[RSO 34]

You mentioned that you were only doing 35-40 "when you saw him" oustide his car. Unless you have a radar detector, by the time you had a visual on him he probably already locked in on you with the radar gun.

It is not unusual for the troopers to stand outside of the car and use a handheld radar gun on the traffic or get out of the car to point you to pull over rather than change his position by having to "chase" you. If they have a "good position" to catch speeders, they will record the speed inside the car and simply get out rather than have to drive down the road and come back to the same hiding spot. There is also nothing improper about targeting/pulling over a particular car even if all cars are travelling at the same speed.

Unless you understand about how to calibrate a radar gun and can effectively cross-examine the officer, you are better off getting a traffic attorney if you are not in a jurisdiction where you can get a plea deal yourself. Even if you knock out the radar evidence, you may still be convicted based upon a visual estimate by the trooper. You can expect to hear testimony about he was 3rd in his class on visual speed estimation.

The only other "constitutional defense" you might try would be if he did not write "radar" on your ticket. Argue that your constitutional rights to due process in preparing an adequate defense were violated by the failure to provide notice on the ticket itself that this was a radar case. Even though you had a hearing today where you were informed "for the first time," if you can knock out the radar portion of the ticket you may be able to plead down to a non-moving violation.

Bob

 

[TigerNSX]

Thank you so much for your thorough explanation. He did write down "radar" in the ticket.

I guess everything is against me. I guess that I should somehow pull "Erin Brockovich" type of thing.

I am currently doing lots of legal literature search on different traffic violation issues to see what kind of cases I can make (such as correlation between the number of tickets issued and the day of the months) if this helps at all. I will also pull some power point presentations on some theories about "physics".

WTH, even if I end up paying $70, I did my best to defend myself

Thank you so much for your help, guys!

 

[nsxtasy]

Originally posted by NSX_Dreamer:
Hmm, sounds like if it's only a $70 ticket, you should pay it and get on with your life, especially if you can take a traffic class so that the ticket doesn't show up on your insurance.

The ability to take a traffic school and keep it off your driving record is usually available only before the case is heard. The courts do this because they then don't have to go to the trouble of hearing the case.

Of course, this is one of the things you will want to ask an attorney about. Make sure you get an attorney who is very familiar with the traffic court in the jurisdiction where the case will be heard.

Originally posted by NSX_Dreamer:
No one here is going to be able to give you accurate or good legal advice.

RSO 34 is an attorney.

Originally posted by Tiger740:
What I am upset is the injustice that was put on me. I want to deliver a point to the judge or let him aware that some police officers "do" give out tickets randomly not based on the violation, but based on his "feeling".

Of course it's an injustice. Some judges may be interested in, and sensitive to, the arguments you make in their courts. Other judges will feel that any defendant is just making excuses or lying, and actually committed the offense with which he is charged. A good attorney should know how each judge tends to deal with similar cases, and can also tell you what kind of an agreement they might be able to make with the prosecutor instead of having the case heard.

 

[TigerNSX]

Thank you, nsxtasy!! You're the best!

 

[NSX_Dreamer]

Originally posted by nsxtasy:
The ability to take a traffic school and keep it off your driving record is usually available only before the case is heard. The courts do this because they then don't have to go to the trouble of hearing the case.
...
RSO 34 is an attorney.

I took a traffic ticket to court. I told the judge my side of the story. At the end, the judge determined that I was guilty, but also was sympathetic to the circumstances. She told me that I could pay the fine and elect to take a traffic course so that the ticket does not show up on my driving record. So yes, you can take a traffic class even if you go to court, provided you do not piss the judge off.

My second point - I meant that there may be lawyers here, but Tiger740 should not solicit legal advice without a personal consultation because no lawyere is going to be able to give Tiger740 accurate and comprehensive advice without speaking to him in person and reviewing the facts.

Best of luck Tiger740!


[This message has been edited by NSX_Dreamer (edited 18 December 2002).]

 

[TigerNSX]

Thank you, I appreciate it!

 

[SilverOne]

if this works in your state, then it's a pretty good method.

or read it as reference, traffic laws can't be that much different from state to state.
http://www.ticketassassin.com/index.html

[This message has been edited by SilverOne (edited 18 December 2002).]

 

[NSX_Dreamer]

Originally posted by SilverOne:
if this works in your state, then it's a pretty good method.

or read it as reference, traffic laws can't be that much different from state to state.
http://www.ticketassassin.com/index.html

[This message has been edited by SilverOne (edited 18 December 2002).]

Thanks, SilverOne!!! That's a very useful website!!!!

 

[ONEADAM12]

hey guys, i thought it might be a litle helpful to some of you if i chimmed in with just a few thoughts and maybe a little advice on this one. i kinda try to shy away from these discussions, but i want to shed a little light on this subject and possibly defend a few cops out there.

#1. 99.99% of all cops TELL THE TRUTH!!!!! yes there may be a dishonest one out there every now and again, but that can be expected from any human being in any job. example: some preists molest little boys, some dentists fondel thier women clients, some lawyers steal from thier clients, some doctors do drugs...etc....and yes, some cops go bad. you see where i am going.

#2. if a cop was going to risk his job and livley hood, do you really think he would do that for a "speeding ticket?" cops get NOTHING for writing any kind of ticket. they cant even be punished by thier superiors for NOT writing them.

#3. lets look at the FACTS in tigers case. tiger says he was going 35-40 WHEN HE LOOKED AT HIS SPEEDO. that statement alone convicts him. 35-40 in a 30 zone. he has no idea when the officer clocked him on radar. and he has no basis to assume the officer JUST PICKED HIM OUT AND ASSUMED HE WAS SPEEDING.

#4. who here can honestly say "I DO NOT SPEED....EVER?" lets face it... no one !!!! everyone speeds... if not once in a while (when late) or always (rear view mirror watchers)....want proof....drive down ANY street or highway at the posted speed limit and count the # of cars that pass you!!!! well maybe not 70 year old ladies driving 1970 tanks. the cops aint looking for the car only 5 over the limit. they look for the car passing ALL the cars that are going 5 over the limit.

my $0.02.... take your lumps when you get caught. do the traffic school thing and pay the piper. you will find, most judges will likely LOWER your fine if you go before them and eat a little crow than believe some bs story they have already heard 100 times before. the biggest thing a judge looks for in any defendant is taking responsibility. attacking the officers credibility WILL ALMOST ALWAYS MAKE YOU LOOK BAD IN THE JUDGES EYES !!!!!!! they realize what i said above ...."what cop is going to risk his job for a speeding ticket"

and finally.... dont waste your money on a lawyer to defend you for a traffic ticket!!!!with just a LITTLE research on the internet, you can put up just as good a defense as they can, (and there are plenty of legitimate defenses for speeding tickets)...... they will just go into court and present to the judge the same EXCUSE you can and they will charge you big bucks to do it.... want proof.... go into any traffic court and watch before you go to trial.... you will see what works and what doesnt... and most probably see a lawyer in action. i'm not trying to bash lawyers here.... they do good jobs in real criminal cases..... but the cost big $$$$$$$$$$$$$$$$$$ and they really dont have a better record than your average JOE defending himself.

JUST MY THOUGHTS ON THE SUBJECT !!!!!!!!!
DRIVE SAFE....AND....GOOD LUCK!!!!!!!!!!

 

[nsxtasy]

ONEADAM12,

I've got a lot of experience in this area, and I disagree with almost everything you've said.

 

[len3.8]

Originally posted by nsxtasy:
ONEADAM12,

I've got a lot of experience in this area, and I disagree with almost everything you've said.

DITTO!
I have a 55 in a 30 that I am going to fight.
Had to go to court to enter the plea of Not Guilty last night. Why? Because I was not speeding. I was on a service road, next to the freeway, the same freeway that I am sure he got his 55mph reading before attaching it to me. After telling him that I saw him a half mile away, he became beligerent. The rest was very unprofessional on his side. I never raised my voice or anything. Simply asked for the watch commanders name and the directions to the police station. At the station I put in a citizen's complaint, which after 2 months still has not been investigated. The watch commander pretty much told me what you are saying. The cop is telling the truth I am lying, and there is no way that he said what I said he said.
I know he said it, He knows it as well. I unfortunately have gotten used to it. I am also tired of it. A bit of irony, that cop was the balif in court last night. He looked at me very strange when he asked my name and after he found my paperwork he had that look of Oh Sh+t. I plead not guilty. And now the city has a Lawsuit on their hands as well.
See this good cop violated my civil rights.
Not trying to hijack a thread for my cause.
Just feeling the original posters frustration. Get a Lawyer.
Len
n9s5x-t

 

[TigerNSX]

OneAdam,

Thank you for providing a different aspect of the speeding tickets. Perhaps, I did not explain myself clearer (I just did not want to go into too much detail and be a crying baby about a small speeding ticket that I received).

I am 99% of the time honest with myself (1% when my wife asks me if I took the trash out). I meant to say that I was going 35-40 mph in 40 mph speeding zone. The road all of a sudden changed to 30 mph speeding zone, and I "may" have slowed down to 30. However, I was not going 60mph as the ticket stated.

Yes, of course, when I feel blue and stressed, I drive fast if and only if I feel that it would be safe for me and for other drivers (if there are any on the road). If that was the case that I was pulled over, I will GLADLY accept and pay the ticket.

I am really sorry that I had to bug you guys with my personal problem. I was a bit shocked about my situation.