Brother got pulled over for speeding

[jtvang125]

He had the cruise control set to 70. There were other cars going just as fast if not a little faster than he was. He gets pulled over and chp says he was going atleast 80. When my brother says how can that be when he had the cc set to 70 and asked to see the radar reading the cop refuses to answer his questions or show him the reading. He just raised his voice and kept demanding for his license and registration.

Besides hiring a lawyer is there a good way to present his side of the story to the judge to show that yes he was doing 5 over but not the 15 over as said by the cop? Also if the cop never shows up in court the case gets dropped right?

 

[FoBoT]

he is guilty, pay the fine

he was lucky he wasn't arrested/peeper sprayed for asking about the radar, they don't have to show it to you

 

[moshquerade]

Do you know how fast you were going back there?

Umm... 65?

63.

But... isn't the speed limit 65?

Yeah. It is.

I'm freakin' out, man!

 

[isasir]

Originally posted by: FoBoT
he is guilty, pay the fine

he was lucky he wasn't arrested/peeper sprayed for asking about the radar, they don't have to show it to you

How do you know he's guilty of going 15 MPH over?

 

[purbeast0]

Originally posted by: FoBoT
he is guilty, pay the fine

he was lucky he wasn't arrested/peeper sprayed for asking about the radar, they don't have to show it to you

quoted for stupidity.

 

[buzzsaw13]

Your brother's word against the cop unless you have some solid proof you weren't going 80mph, and that usually ends up in the cop's favor.

 

[FoBoT]

Originally posted by: isasir

Originally posted by: FoBoT
he is guilty, pay the fine

he was lucky he wasn't arrested/peeper sprayed for asking about the radar, they don't have to show it to you

How do you know he's guilty of going 15 MPH over?

he posted it, in the OP
"chp says he was going atleast 80"

 

[kevnich2]

I'd say hire a lawyer and challenge it in court. And yes, in court you can raise questions about radar. Just make sure you hire a good lawyer who will fight a little bit for it. It may be a bit expensive but when you factor in how much the insurance will go up in the next few years due to the ticket, a lawyer is worth it.

 

[Brainonska511]

Originally posted by: FoBoT

Originally posted by: isasir

Originally posted by: FoBoT
he is guilty, pay the fine

he was lucky he wasn't arrested/peeper sprayed for asking about the radar, they don't have to show it to you

How do you know he's guilty of going 15 MPH over?

he posted it, in the OP
"chp says he was going atleast 80"

Obviously; cops are infallible.

 

[PottedMeat]

Originally posted by: moshquerade
Do you know how fast you were going back there?

Umm... 65?

63.

But... isn't the speed limit 65?

Yeah. It is.

I'm freakin' out, man!

The snozzberries taste like snozzberries!

 

[mugs]

He admitted to speeding, so good luck with that. I don't think you or your brother understand that 70 in a 65 will still get you a ticket. It might be a smaller fine, but that's not what you want to avoid. It's the points that cost you the most money in the long run.

 

[EKKC]

use the "going with the traffic flow" defense

5mph/15mph over limit is nothing, i'm surprised they spent the effort to pull him over. what the hell does your brother drive, a lambo? a BMW M6? Maserati?

in nyc/nyc suburbs i routinely do 10-15mph over limit because i think that's the threshold. if you go 20mph over limit you're more at risk

 

[imported_Baloo]

Cops always lie about these things, and then they ticket you for the speed you admitted going. There's nothing to fight, he was speeding 5 miles over and that's what he got tocketed for. FYI, never admit anything when you get pulled over by a cop.

 

[ViviTheMage]

just deal with it...he was speeding...demanding things from the police officer wont make it any easier.

 

[Zenmervolt]

Give the license and registration FIRST. Your brother is a dumbass for not handing over the license and registration. If you refuse to provide license and registration, it's a huge red flag for the officer. 9 times out of 10, someone refusing to show license and registration is either in a stolen car or has a warrant out for his arrest.

By refusing to hand over the license and registration, your brother made the officer extremely uneasy. The officer doesn't know then if your brother is a fugitive or thief or whatnot and the officer has probably heard plenty of stories of traffic stops that end with the officer being shot by a felon who was pulled over in what appeared to be a routine traffic stop.

When stopped, you should turn the car off, put the keys on top of the dashboard, and keep your hands on the steering wheel and in sight of the officer. When the officer asks for your license and registration, you hand it over immediately, and only discuss the incident after that, if at all.

In my experience, the most effective conversations go something like this (after all of the above was completed):

Officer: "You were going a little fast back there."
Me: "Was I? I wasn't really paying attention to my exact speed, just trying to keep up with the flow of traffic."
Officer: "I had you clocked at 73." (speed limit was 60)
Me: "I really don't know how fast I was going, I was just keeping up with traffic flow."
Officer: "You backed off after I clocked you."
Me: "Traffic slowed a little so I backed off to keep in the flow. I didn't see you until you turned your lights on."
Officer: "I have to go back and run this through the system."
Me: "OK."
*Officer runs my license and my plates*
Officer: "I'm not going to write you up for anything, but try to pay more attention from here on out, OK?"
Me: "Yes sir, I'll definitely keep an eye on my speedometer instead of just keeping up with traffic."
Officer: "Just be safe out there, OK?"
Me: "Will do. Thanks!"

ZV

 

[Aikouka]

Originally posted by: mugs
He admitted to speeding, so good luck with that. I don't think you or your brother understand that 70 in a 65 will still get you a ticket. It might be a smaller fine, but that's not what you want to avoid. It's the points that cost you the most money in the long run.

Don't some states require the motorist to be driving 5mph over the speed limit (or more) to get a ticket? I believe PA has that.

EDIT:

Originally posted by: Zenmervolt
Give the license and registration FIRST. Your brother is a dumbass for not handing over the license and registration. If you refuse to provide license and registration, it's a huge red flag for the officer. 9 times out of 10, someone refusing to show license and registration is either in a stolen car or has a warrant out for his arrest.

By refusing to hand over the license and registration, your brother made the officer extremely uneasy. The officer doesn't know then if your brother is a fugitive or thief or whatnot and the officer has probably heard plenty of stories of traffic stops that end with the officer being shot by a felon who was pulled over in what appeared to be a routine traffic stop.

When stopped, you should turn the car off, put the keys on top of the dashboard, and keep your hands on the steering wheel and in sight of the officer. When the officer asks for your license and registration, you hand it over immediately, and only discuss the incident after that, if at all.

I agree with this. It's best in situations like this (i.e. minor traffic violation) to simply follow the proper procedures and talk to the officer (usually after he asks you a question) and if you brown-nose a bit, it might help . Not referring to complimenting him on his nice uniform, but just being respectful.

 

[bonkers325]

Originally posted by: Zenmervolt
By refusing to hand over the license and registration, your brother made the officer extremely uneasy. The officer doesn't know then if your brother is a fugitive or thief or whatnot and the officer has probably heard plenty of stories of traffic stops that end with the officer being shot by a felon who was pulled over in what appeared to be a routine traffic stop.

you hit the nail on the head there. not giving the officer your license and registration is like saying you have something to hide from the officer.

give him your documents and cooperate, then plead your case. the officer is less likely to be a jerk if u cooperate and make his job easier.

 

[alkemyst]

I always get that when pulled over. I am a troublesome person to the cop though so I usually call him out on it.

"Why not just put down what you have RECORDED me at? What do you owe me a break for and if you truly wanted to give me a break how about a warning then?"

What they usually do in these cases is write on the ticket say 70 in a 65 but in the comments put 'ACTUAL SPEED 75'.

In court this makes is sound like they were already giving you a break.

I admit I speed alot, however; two of the times I have been pulled over I was not and still recieved a ticket.

Cops have too much freedom to arbitarily give out tickets to people they don't find favor with.

 

[pmoa]

Originally posted by: PottedMeat

Originally posted by: moshquerade
Do you know how fast you were going back there?

Umm... 65?

63.

But... isn't the speed limit 65?

Yeah. It is.

I'm freakin' out, man!

The snozzberries taste like snozzberries!

What up, meow....

Do i look like a cat? All nimbly bimbly

 

[Svnla]

Cop pulled me over around midnight (I was just got out from the library). He said I was speeding. I asked for proof such as radar reading but he if I didn't sign the ticket I would go to jail.

I signed the ticket then when to court and asked for traffic school. Four hours and some cash for traffic school, I was able to avoid some points on my DMV and surchages on my insurance.

The moral of the story is if the cop says you are speeding and he doesn't want to show you, nothing you can do about it but to give him DD/registration and sign the ticket. Just don't get smart and make him even more mad.

 

[JulesMaximus]

Originally posted by: jtvang125
He had the cruise control set to 70. There were other cars going just as fast if not a little faster than he was. He gets pulled over and chp says he was going atleast 80. When my brother says how can that be when he had the cc set to 70 and asked to see the radar reading the cop refuses to answer his questions or show him the reading. He just raised his voice and kept demanding for his license and registration.

Besides hiring a lawyer is there a good way to present his side of the story to the judge to show that yes he was doing 5 over but not the 15 over as said by the cop? Also if the cop never shows up in court the case gets dropped right?

Going to court might get the fine lowered but I wouldn't expect to win or get it dismissed and hiring a lawyer for a speeding ticket is a huge waste of money. Personally, I'd just pay the fine and go to traffic school.

 

[Phoenix86]

Originally posted by: jtvang125
asked to see the radar reading the cop refuses to answer his questions or show him the reading. He just raised his voice and kept demanding for his license and registration.

So he asked to see the radar before he even gave the cop ID? Dumbass.

 

[MikeyIs4Dcats]

Originally posted by: Aikouka

Originally posted by: mugs
He admitted to speeding, so good luck with that. I don't think you or your brother understand that 70 in a 65 will still get you a ticket. It might be a smaller fine, but that's not what you want to avoid. It's the points that cost you the most money in the long run.

Don't some states require the motorist to be driving 5mph over the speed limit (or more) to get a ticket? I believe PA has that.

you aren't really that dumb are you?

some states do not report the infraction to your insurance company if below a threshold, but you still get the ticket for breaking the law...

 

[SpiderWiz]

Does he have over sized tires on the car? That can cause the speedometer to be off. One of my earlier cars was off by 8mph. But guess what, I was still guilty.

 

[rudder]

Originally posted by: kevnich2
I'd say hire a lawyer and challenge it in court. And yes, in court you can raise questions about radar. Just make sure you hire a good lawyer who will fight a little bit for it. It may be a bit expensive but when you factor in how much the insurance will go up in the next few years due to the ticket, a lawyer is worth it.

Hire a lawyer for $100/hour???? For a ticket which is 10 mph over the limit? Do a little research and be your own lawyer. Its not like you will go to prison if you are found guilty.