Brother got pulled over for speeding

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sygyzy

Lifer
Oct 21, 2000
14,001
4
76
I had a cop give me a speeding ticket for less than my clocked speed. I knew he wasn't lying too because I looked at my speed right when I spotted him (and presumbly when he spotted me). He said he was writing it for less because I was wearing my seatbelt and he appreciates that.
 

BigJ

Lifer
Nov 18, 2001
21,330
1
81
Originally posted by: 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.

::sighs::

SIGNING A TICKET IS NOT AN ADMISSION OF GUILT.

Signing a ticket is not an admission of guilt. The signature is merely an acknowledgement you received the ticket and a promise to appear in court.

Refusing to sign the ticket -- and there are drivers who think that if they don't sign, they can lie in court and say they weren't there -- will do nothing but agitate the officer and invite more scrutiny.

In some states, such as Texas, refusal to sign a ticket can mean a trip to jail. Houston attorney Robert Eutsler says that if you don't sign the ticket, the officer has the choice to either take you to jail or write on the ticket "refused to sign."

"It's a promise to appear in court on a certain day -- that's all it is,'' says Eutsler. "It's certainly a myth that if you don't sign it, it's going to get dismissed. You're more likely to get arrested, and the officer is going to get very upset."

http://articles.moneycentral.m...icketMyths.aspx?page=2

And as for showing proof? That's what court is for.
 

Svnla

Lifer
Nov 10, 2003
17,986
1,388
126
Originally posted by: BigJ
Originally posted by: 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.

::sighs::

SIGNING A TICKET IS NOT AN ADMISSION OF GUILT.

Signing a ticket is not an admission of guilt. The signature is merely an acknowledgement you received the ticket and a promise to appear in court.

Refusing to sign the ticket -- and there are drivers who think that if they don't sign, they can lie in court and say they weren't there -- will do nothing but agitate the officer and invite more scrutiny.

In some states, such as Texas, refusal to sign a ticket can mean a trip to jail. Houston attorney Robert Eutsler says that if you don't sign the ticket, the officer has the choice to either take you to jail or write on the ticket "refused to sign."

"It's a promise to appear in court on a certain day -- that's all it is,'' says Eutsler. "It's certainly a myth that if you don't sign it, it's going to get dismissed. You're more likely to get arrested, and the officer is going to get very upset."

http://articles.moneycentral.m...icketMyths.aspx?page=2

And as for showing proof? That's what court is for.

Hummm...show me where did I say in my post sign the ticket is admission of guilt? All I said was if the cop said you were speeding, all you could do was to sign the ticket to promise that you would go to court (IRRC, the ticket said so in the bottom or back).

You said go to court and ask for proof? Like the judge going to believe a motorist over the cop. In any other areas, you are innocent until proven guitly. Not in traffic tickets.
 

BigJ

Lifer
Nov 18, 2001
21,330
1
81
Originally posted by: Svnla

Hummm...show me where did I say in my post sign the ticket is admission of guilt? All I said was if the cop said you were speeding, all you could do was to sign the ticket to promise that you would go to court (IRRC, the ticket said so in the bottom or back).

You said go to court and ask for proof? Like the judge going to believe a motorist over the cop. In any other areas, you are innocent until proven guitly. Not in traffic tickets.

I really didn't know what the hell to make out of this
I asked for proof such as radar reading but he if I didn't sign the ticket I would go to jail.
so I pretty much went with you not wanting to sign the ticket unless you were shown proof of your infraction. The most common reasoning with not wanting to sign is that it's an admission of guilt.

And yes, when you go to traffic court, the proof is provided to the court. With every other crime, does the officer show you proof then and there? When a murder suspect gets arrested and charged, do they show them the bloody glove when they're slapping the cuffs on, or to the attorney when preparing for the defense and in court?
 

Svnla

Lifer
Nov 10, 2003
17,986
1,388
126
Originally posted by: BigJ
Originally posted by: Svnla

Hummm...show me where did I say in my post sign the ticket is admission of guilt? All I said was if the cop said you were speeding, all you could do was to sign the ticket to promise that you would go to court (IRRC, the ticket said so in the bottom or back).

You said go to court and ask for proof? Like the judge going to believe a motorist over the cop. In any other areas, you are innocent until proven guitly. Not in traffic tickets.

I really didn't know what the hell to make out of this
I asked for proof such as radar reading but he if I didn't sign the ticket I would go to jail.
so I pretty much went with you not wanting to sign the ticket unless you were shown proof of your infraction. The most common reasoning with not wanting to sign is that it's an admission of guilt.

And yes, when you go to traffic court, the proof is provided to the court. With every other crime, does the officer show you proof then and there? When a murder suspect gets arrested and charged, do they show them the bloody glove when they're slapping the cuffs on, or to the attorney when preparing for the defense and in court?

Stop put words in my mouth. Where did I say I won't sign the ticket UNLESS the cop show my some proofs? He said I was speeding and I knew I didn't so I asked him how did he got to that conclusion.

I don't know about you but some of us just can't take a day off and go to traffic court to fight it. Don't forget about court cost, insurance surgcharges and so on if you lose.

I, along with several posters in this thread, say that traffic cops have too much power to say that we were speeding.

Let just agree to disagree, ok?
 

Aikouka

Lifer
Nov 27, 2001
30,383
912
126
Originally posted by: MikeyIs4Dcats
you aren't really that dumb are you?

Some states have laws providing that points are not assessed for minor speeding. On freeways in the daytime the tolerance is 5 MPH in Colorado, Florida, Michigan, Missouri, Pennsylvania, New Mexico, North Dakota, and Wyoming; 10 MPH in Kansas, Kentucky, Oklahoma, Montana, and West Virginia; and 15 MPH in Georgia. South Dakota doesn't assess points for speeding.

http://www.mit.edu/~jfc/laws.html#tolerance

Kthxbai
 

James Bond

Diamond Member
Jan 21, 2005
6,023
0
0
I got pulled over yesterday as I was leaving an airport. There was nobody around and the terminal feeds into a long stretch of road which is supposed to be limited at 55, but apparently I stepped on it a bit early.

The cop came up to me furious and said I was doing about 50 in a 20. I apologized profusely and told him that I wasn't aware that the speed changed so late. I told him that I must not have been paying attention and that I would make sure it didn't happen again. Within about 30 seconds his whole attitude changed, and he let me go with a warning.

It's weird cause when I had a Civic, I NEVER got a warning one time. Now that I have a BMW, I have gotten four warnings and no tickets.
 

BigJ

Lifer
Nov 18, 2001
21,330
1
81
Originally posted by: Svnla
I don't know about you but some of us just can't take a day off and go to traffic court to fight it. Don't forget about court cost, insurance surgcharges and so on if you lose.

I, along with several posters in this thread, say that traffic cops have too much power to say that we were speeding.

Let just agree to disagree, ok?

Since you're so big on me putting words in your mouth, show me where I disagree with the bolded.

Trying to protest a ticket at the scene of the supposed infraction is not the right time to protest it. It's not how things are done with any other offense, so why should it be done with traffic tickets?

And I didn't show up to court to get my ticket dismissed. I hired a lawyer for $200 + court costs and it was thrown out. Much better than chancing it and having to deal with insurance premiums, ticket cost, and points on my license. Not to mention missing a day of work.
 

BigJ

Lifer
Nov 18, 2001
21,330
1
81
Originally posted by: Aikouka
Originally posted by: MikeyIs4Dcats
you aren't really that dumb are you?

Some states have laws providing that points are not assessed for minor speeding. On freeways in the daytime the tolerance is 5 MPH in Colorado, Florida, Michigan, Missouri, Pennsylvania, New Mexico, North Dakota, and Wyoming; 10 MPH in Kansas, Kentucky, Oklahoma, Montana, and West Virginia; and 15 MPH in Georgia. South Dakota doesn't assess points for speeding.

http://www.mit.edu/~jfc/laws.html#tolerance

Kthxbai

I would try to find another website to back up Aikouka's claim:

Some states have laws providing that points are not assessed for minor speeding

It may very well be that some states will allow drivers to suffer no consequences for exceeding the speed limit by under 5mph, but what you linked only addresses points.

From that site:

Except in a work zone or school zone Pennsylvania doesn't allow radar or laser tickets for less than 6 over the limit (or less than 11 over a limit less than 55 MPH), and only State Police can use radar or laser. Except by the State Patrol, radar and VASCAR can't be used in Georgia to write a ticket for 10 or less over the limit outside a residential area or school zone.

It only lists special cases.
 

pstylesss

Platinum Member
Mar 21, 2007
2,914
0
0
Originally posted by: 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.

The officer has to prove that he was going 80, he can't just say its so. His brother just has to present a good case. Most traffic tickets are held up out because the person just doesnt go to court, admits guilt, or goes to court and doesn't argue their case. Most of the time when you go to court it'll be dismissed or reduced as long as you seem like a person who can form a coherent sentence.
 

JS80

Lifer
Oct 24, 2005
26,271
7
81
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!

omg i saw that movie last night!! haha
 

Aikouka

Lifer
Nov 27, 2001
30,383
912
126
Originally posted by: BigJ
I would try to find another website to back up Aikouka's claim:

:confused: I'm the one that posted that response. It's also not a fucking claim, there's a damn question mark!

Originally posted by: BigJ
Some states have laws providing that points are not assessed for minor speeding

Yes, I saw that part too... I just choose what to emphasize. My original mention was phrased as a question stating I do not have 100% confidence in it nor do I mention it as definite fact.

Originally posted by: BigJ
Except in a work zone or school zone Pennsylvania doesn't allow radar or laser tickets for less than 6 over the limit (or less than 11 over a limit less than 55 MPH), and only State Police can use radar or laser. Except by the State Patrol, radar and VASCAR can't be used in Georgia to write a ticket for 10 or less over the limit outside a residential area or school zone.

It only lists special cases.

Yes, I also read that on the government's NHTSA website. It was something that I heard and possibly remember OUT OF CONTEXT. Such remarks are made by someone when they remember something yet would hope someone could help clarify the situation for them. Not say, "you can't be that dumb", like they're some pompous jackass (yes Mikey4DaCats, that's directed straight at you, buddy).
 

hanoverphist

Diamond Member
Dec 7, 2006
9,867
23
76
i had a scottsdale op stop me on my motorcycle at 1230am on a monday for speeding, because i "took off from a light faster than the car next to me did". what he meant was, the car next to me at a red light didnt keep up with me so i was obviously speeding. i told him i was barely doing 35 (in a 45) when he stopped me, asked to see the radar (you can do that here) and he admitted he didnt use one. i asked him to tell me the variables and landmarks he used to figure out how fast i was going, thats when he told me it seemed like i was speeding. he didnt like me arguing with him, so he searched me, my bike and every tool bag he could, waited for dispatch to give him a full background on me and finally wrote me a speeding ticket with 55 in a 45 written on it. i got into ourt and he didnt show, so it was tossed out. asshole just wasted my time.
 

moshquerade

No Lifer
Nov 1, 2001
61,504
12
56
Originally posted by: JS80
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!

omg i saw that movie last night!! haha

meow :D
 
Nov 5, 2001
18,366
3
0
Originally posted by: Aikouka
Originally posted by: MikeyIs4Dcats
you aren't really that dumb are you?

Some states have laws providing that points are not assessed for minor speeding. On freeways in the daytime the tolerance is 5 MPH in Colorado, Florida, Michigan, Missouri, Pennsylvania, New Mexico, North Dakota, and Wyoming; 10 MPH in Kansas, Kentucky, Oklahoma, Montana, and West Virginia; and 15 MPH in Georgia. South Dakota doesn't assess points for speeding.

http://www.mit.edu/~jfc/laws.html#tolerance

Kthxbai

you still get a ticket. The points are what are reported to your insurance company and used as a basis for suspensions. You still get the ticket and pay a fine.

Kthxbai
 

nakedfrog

No Lifer
Apr 3, 2001
61,775
17,490
136
Originally posted by: 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...

I know that, at least as of a couple years ago when my wife got pull over for speeding, in Nebraska there's checkboxes for how much over the limit. The first box is 5-10mph over the limit.
 

alkemyst

No Lifer
Feb 13, 2001
83,769
19
81
Originally posted by: Xavier434
meh...

http://www.ticketclinic.com/

Call them and call it a day. 15 minute phone call, one fax, and about $90 will solve this problem for you.

When all is said and done it usually works out to about $150 in court costs on top of the fee they charge. Still no points and no forfeit of your driving school elections.
 

NuroMancer

Golden Member
Nov 8, 2004
1,684
1
76
I don't know if it works down there, but, you can go and get the Spedometer checked to see if it's accurate. If i isn't you may just get a ticket due to improper maintance, and not get the points.
 

RGUN

Golden Member
Dec 11, 2005
1,007
3
76
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?


15 over? Thats nothing, not worth getting a lawyer for anything that doesnt constitute major speeding. Dont ask me how I know.
 

DrPizza

Administrator Elite Member Goat Whisperer
Mar 5, 2001
49,601
167
111
www.slatebrookfarm.com
Originally posted by: NuroMancer
I don't know if it works down there, but, you can go and get the Spedometer checked to see if it's accurate. If i isn't you may just get a ticket due to improper maintance, and not get the points.

I don't know how common that is. I'd think the same as happens here would apply in a majority of locations: "That's weird officer, my speedometer said I was going 50mph." "ORLY? Okay, you're going to be ticketed for that too."
 

Zenmervolt

Elite member
Oct 22, 2000
24,514
36
91
Originally posted by: DrPizza
Originally posted by: NuroMancer
I don't know if it works down there, but, you can go and get the Spedometer checked to see if it's accurate. If i isn't you may just get a ticket due to improper maintance, and not get the points.

I don't know how common that is. I'd think the same as happens here would apply in a majority of locations: "That's weird officer, my speedometer said I was going 50mph." "ORLY? Okay, you're going to be ticketed for that too."

The other problem is that speedometers almost always read fast.

"Oh, it says here that your speedometer reads 65 mph when you're really only going 60. So since we clocked you at 75 mph, you must've thought you were going 80+..."

Obviously they can only give you the ticket for 75, but it won't help your case if the speedometer reads fast. ;)

ZV