Unjust speeding ticket

J

Jai015

Registered Member
Joined
28 March 2006
Messages
90
Location
Currently in Alexandria, VA
Hey Guys, I just received my very first speeding ticket in my 10 years of driving. :mad: I just picked up my first NSX a couple of weeks ago and I cannot believe this happened to me. I knew that driving a car such as the NSX would gather alot of attention but I truly felt that I was singled out today. Here's the story:

I was driving south on the 395 tonight (after working late!!), following a silver toyota corolla on the middle lane. I know it's late so I purposedly drove along with traffic so that I could avoid any attention, and this trooper pulls me over stating that he clocked me going 75....:confused: I did not want to cause any trouble so I just accepted the ticket and went on my way. I know for a fact that I was not speeding as I purposedly followed the Corolla to avoid any situation like this (btw, I was not tailgating either). If I drove like a maniac, I would be the first to admit it, but this incident tonight is just insane. I'm new to this area (due to a job) and heard about the troopers in this area (I did'nt think it was this bad)...At this point, I'm just frustrated as I've never had a traffic infratction/violation. I'm sure my chances are pretty low, but I will definitely fight this one....wish me luck (I'll probably hire a lawyer). Thanks Prime for listening to me vent...:frown:

I know worse things happen to people everyday, but I truly feel violated.....
 
It sounds like you conducted yourself well. Keep in mind that a clean driving history goes a long way when contesting a ticket.

Nevertheless, sorry to hear about your experience. I've also made it a point to drive as conservatively as ever, knowing how much attention this car generates...but it is definitely sounds like this trooper decided he wanted to pick on you, out of boredom, spite, or some other crazy reason.

Good luck in court. Normally, a basic speeding ticket doesn't require an attorney, although I'm not familiar with your state or the particular court in which you'll appear...having an attorney is a plus with any traffic violation, so it might be overkill, but representation should result in the best possible outcome for you.
 
did he estimate or did he get you on radar? whats written in the ticket?
 
fight it. See him in court. It's almost the end of the month and probably he needs to meet some quota. Also, he thinks you're a rich fellow with lots of money so he expect all you do is pay for the ticket.

Shock him :)

By the way, welcome to the NSX world.
 
TURBO2GO said:
did he estimate or did he get you on radar? whats written in the ticket?
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sounds like a simple pacing, which means if you did decide to contest it you would be in a word against word situation with the officer, which is an automatic loss for you. If the thread starter admits he was going 75mph there is really nothing to contest here, you were speeding and you recieved a speeding ticket, you can whine about how unfair this speeding ticket was, how you are a perfect driver, etc. but the fact remains - you were going 75mph, and you were cited for it (I assume the speed limit was under 75mph, given your location in VA).

dunno.gif


can you take a driving school to avoid points on your license?
 
Unfortunate.

Same thing happened to me after owning my NSX for 3 days. I don't think there is anyway the cop knew what speed I was going. I think this was probably a cop being irritating. I would go court on it.

You need a Valentine One to prove to yourself and to the cop that he did in fact monitor your speed. Good Luck.

Rod
 
Well don't feel too bad, I'm used to being victimized in both my truck AND my motorcycle. How about getting busted 3 mph over? Or geting a ticket for 62 in a 45 when I was doing 52 indicated on a stock geared bike? That's just the tip of the iceburg for me. Hope your fight ends in good results, crappy way to spend $1500 though
 
Just to play devil's advocate, I noticed that you do not indicate at what speed you say you were actually traveling. The most often used "defense", and it is not a valid one, is that "I was just going with the flow of traffic" which appears to be what you are saying with your post. If everyone is going 75, everyone is speeding and everyone is guilty. The fact that we drive conspicuous cars will generate more attention from the local troopers and, although not "fair" if we are the only ones pulled out of a "crowd", the ticket is still valid and should be chalked up as the "price of doing business".
 
Definitely go to court... With your 10 yr. clean driving record..you may be able to get it reduced or something. Is it 55mph on 395? It's been a while since I've been out there since changing jobs (Fairfax). I try to stay clear of that area due to traffic congestion and ongoing construction around the mixing bowl. The troopers and cops are pretty bad out here in NOVA. Anything over the speed limit is ticket worthy. My wife got a ticket for 4 miles over the speed limit. She went to court and they threw it out based on her clean driving history, but she had to pay court fees. Not sure that will happen in your case, but it's worth a shot....
 
The speed limit on the highway is 55. I don't have the ticket in front of me, but the trooper stated he clocked me at 75. To be honest, I don't know what speed I was going. It was midnight, after a long night of work and I just decided to go along with traffic. There were no cars on the left lane of the highway and I still decided not to travel on that lane (as it may cause me to pass cars). There was one car in front of me and one to the right of me. We were all traveling together for a good 10 - 15 minutes before I got pulled over (right before my exit onto the I95). I also have a K40 radar detector built into the car and that thing was flashing ever since I got on the highway which also alerted me to just drive "normally". I just moved to VA a few moths ago and hopefully the courts will see my clean driving history from NY. Thanks Prime for hearing me vent and giving me an ePat on my back.

Btw, Scorp965 - I'm a grown man and I do not whine, I'm just airing out my frustrations on Prime as I feel that this is a supportive community. (You're right about the outcome in court though - an officers, or in this case, a troopers word will always be held higher han mine)
 
RSO 34 said:
Just to play devil's advocate, I noticed that you do not indicate at what speed you say you were actually traveling. The most often used "defense", and it is not a valid one, is that "I was just going with the flow of traffic" which appears to be what you are saying with your post. If everyone is going 75, everyone is speeding and everyone is guilty. The fact that we drive conspicuous cars will generate more attention from the local troopers and, although not "fair" if we are the only ones pulled out of a "crowd", the ticket is still valid and should be chalked up as the "price of doing business".
Click to expand...

Well, "going with the flow of traffic" is my defense so I probably won't win in court but hopefully they'll drop the points. I have no issues paying the fine, I just take pride in my clean record and do not wish to have any points on my license.
 
In most states if you are not going 25mph or over the speed limit, you simply take defensive driving, lose 100$ and a saturday afternoon, and move on. No real damage done to your record or wallet.

I've had much worse injustices done to me, you were simply caught breaking the law.

Bach when I lived in Houston, of the 20 or 30 NSX's I'd see over the period of a month when going out on the westside of town, about 1/3 would be pulled over to the side of the road, cop behind them.

Cops blatantly go after nicer sportscars, you'd probably do the same if you were a cop.

As mentioned earlier, I've had a much more difficult time with sportbikes.
 
Jai015 said:
Well, "going with the flow of traffic" is my defense so I probably won't win in court but hopefully they'll drop the points. I have no issues paying the fine, I just take pride in my clean record and do not wish to have any points on my license.
Click to expand...

I got stopped three weeks ago. I was leaving my mom's house on a Sunday morning after I took her Passat to get some new tires put on it. She lives in this place right next to a five lane blvd, and the turn from her street is about half a mile from a major intersection. So, I had to go the other way on that intersection and only had less than that half mile to get across five lanes on post-church Sunday morning traffic. So I got out and I sped up to get through, I wasn't cutting anyone off, nor was I reckless. I'd admit that but it didn't happen. The turning lanes are always packed on that intersection going north so I hit it and I got into the lane at about 85 (limit is 60). And then I stopped. Next thing I know, I see a cop car right on my ass. So the light turns and I go, she follows me and about a 1/4 mile down she puts her lights on. Dammit. And I told her that I was coming off Jordan street and had to go North and had limited space and needed to speed up to get in... Nope... It's like talking to a wall. She had no reasoning and I got a 6 pt ticket. My first one in years. But since that, they've dropped it to 2 points and a defective vehicle.

Still... what a low blow.
Imagine what will happen when I get my enesexy?? I will have to camo that car.
 
RSO 34 said:
Just to play devil's advocate, I noticed that you do not indicate at what speed you say you were actually traveling. The most often used "defense", and it is not a valid one, is that "I was just going with the flow of traffic" which appears to be what you are saying with your post. If everyone is going 75, everyone is speeding and everyone is guilty. The fact that we drive conspicuous cars will generate more attention from the local troopers and, although not "fair" if we are the only ones pulled out of a "crowd", the ticket is still valid and should be chalked up as the "price of doing business".
Click to expand...

Come on Bob, you're a attorney that's actually recommending that someone 'chalk it up' if they are 'guilty'? (I realize it was a generalization, not necessarily the recommendation for the OP). Wasn't there an incident on the way to an NSXPO where you ended up getting several obviously guilty people off (seven I think it was)?

Who knows if this guy was guilty. Maybe the speed limit signs are incorrect per the MUTCD or that a proper survey wasn't done. Maybe the officer's RADAR or speedo wasn't calibrated, maybe he's not current on his training.

GO TO COURT. Fight every ticket, no matter what!! You really don't have anything to lose other than your personal time and everything to gain.
 
robr said:
Come on Bob, you're a attorney that's actually recommending that someone 'chalk it up' if they are 'guilty'? (I realize it was a generalization, not necessarily the recommendation for the OP). Wasn't there an incident on the way to an NSXPO where you ended up getting several obviously guilty people off (seven I think it was)?

Who knows if this guy was guilty. Maybe the speed limit signs are incorrect per the MUTCD or that a proper survey wasn't done. Maybe the officer's RADAR or speedo wasn't calibrated, maybe he's not current on his training.

GO TO COURT. Fight every ticket, no matter what!! You really don't have anything to lose other than your personal time and everything to gain.
Click to expand...

I am saying what I did simply to get him to acknowledge that it was not the officer's fault for him getting the ticket. I have had my own fair share of tickets and have made many appearances on behalf of friends who have gotten them as well, including the infamous Taconic 8 of which I was also a member and not just counsel. But in fairness to the police, I also represent State Troopers and numerous municipalities and it simply is a case of misplaced anger and frustration for blaming the police just because they are doing their jobs.

I have always admitted that when I get pulled over for speeding I was actually speeding. I accept the blame and responsibility and use my legal background to plead it down. All of the Taconic 8 readily admit that we were speeding. However, I will never blame the officer for doing his duty when he pulls me over for violating the traffic laws.

What we have here is a member who acknowledges that he has no idea how fast he was going but he does admit to going with the flow of traffic which, in any court, will result in a conviction. Had he said he was going 55 in a 55 but got pulled over simply because the officer wanted to ticket an NSX my response would have been different.

But thanks for bringing up that rowdy bunch of hooligans known throughout the great State of New York as the Taconic 8.

18355185-L.jpg
 
I agree as far as not blaming the officer, I missed that it was that specific point you were going for. The way I had interpreted it, I thought your advice was odd, now I understand. As usual your advice (and help to the NSXCA) is appreciated, hopefully I will never need your help, but I'm always glad to know you're around here somewhere :).
 
I would be hesitant to walk into court just to say that you didn't know how fast you were going and/or that you were just keeping up with traffic, both of which imply that you were guilty, in which case you should just pay the fine. However, you could add how proud you are of your clean driving record and such, and hope that the judge will be lenient (he/she might, but I wouldn't bet on it).

Some jurisdictions allow a traffic safety school to keep a speeding ticket off your driving record, some have a plea for "supervision" (a form of probation in which your ticket is wiped off your record after a specified period of time if you keep your record clean), and some stick by a strict guilty or innocent, in which a conviction appears on your record. Ask friends (especially any lawyer friends) in your area to see whether there is such a procedure. You can also call the court to ask them directly. If there isn't an easy procedure to keep the ticket off your record, I would consult an attorney experienced in the traffic court in your jurisdiction to see what your options are, and then proceed according to his advice.

Good luck.
 
Going going with traffic at GREATER than the posted speed isn't bad.... well depending on the state and cop I would say. I say that because there has been a few folks in california who've been ticketed for 5 under AND some who've been ticketed AT the speed limit. Can't say whether the ticket stuck though. Either way, the reasoning the officer gave was that they were a hazard to other traffic when the flow was at a greater speed, impeding traffic. I've only heard of the instances through the news, newspaper though, not actual first hand.
 
I know in most cities I have gotten a ticket in you can have them "ammended" meaning you pay extra on top of the fine and it is converted into a non-moving violation. So no points and no insurance hike. Even though you have to pay more, it might be the lesser of to evils once you figure in lawyer costs, your time to go down to the courthouse, potential for raised insurance costs for the next 3 years etc...
 
WOW! got busted for going 75? i drive an average of 80 mph during long trips, i guess that cop was jsut bored and wanted to see a nsx:biggrin:
 
Jai015 said:
Is it really? That's just great. :mad: Thanks for the info though, hopefully the courts will be lenient.
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Not necessary. If your ticket does not state that it was a reckless, then it is not. I got a ticket for 20 over in fairfax without reckless before. If it is then you should get a lawyer.

That said, fairfax is super anal and you are unlikely to get away with it completely even if it's not reckless. But you can probably get the charge lowered considering that you have a clean record. You should request your driving record from the va dmv(www.dmvnow.com) which shows that you have a clean record. Go to court, plead not guilty and tell the judge what happened and that you have a clean record to prove. I was in the court before where a guy was in the same boat as you. The judge asked what kind of car he drove, and he said "Hummer H2" and the judge stated "it's because you stand out" but he did get the charge lowered. good luck.

ak
 
KooLaid said:
Going going with traffic at GREATER than the posted speed isn't bad.... well depending on the state and cop I would say.
Click to expand...
It depends on what you mean by "bad". I think you may suffer consequences (e.g. higher insurance rates, risk of suspension) if you have a conviction on your driving record. But I don't think going with traffic at greater than the posted speed limit is necessarily unsafe.

eventhorizon said:
I know in most cities I have gotten a ticket in you can have them "ammended" meaning you pay extra on top of the fine and it is converted into a non-moving violation. So no points and no insurance hike. Even though you have to pay more, it might be the lesser of to evils once you figure in lawyer costs, your time to go down to the courthouse, potential for raised insurance costs for the next 3 years etc...
Click to expand...
It is not uncommon to have a ticket amended, which means that it is changed. For example, if the ticket specifies the wrong license plate number, you can't use that as a basis for throwing it out; they can simply amend the ticket to reflect the accurate information. They can also use this process to change the violation you are charged with, as you describe; however, it is a lot more common for them to reduce the speed, not so common to change a speeding ticket into a non-moving violation. Reducing the speed on the citation may be relevant if your state has a "point" system in which you receive more points for, say, 20 mph over the limit than a lower number, but it still leaves a ticket on your record.

Again, a lawyer familiar with your courts can advise you on what resolutions may be available in your case and how to achieve your objectives. A really good lawyer will know who the judge is and who the prosecutor is and what range of outcomes they are likely to accept, which will help you by achieving the best outcome possible. A really great lawyer will have a personal relationship with either or both, and is often able to achieve a better outcome than they normally give to anyone else.
 

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