Cop says I was going 95, I wasn't going 95 becuase my car is governed at 90. If you weren't going the speed the cop says you were but you were still speeding is that grounds for dismissal?
Is this grounds for dismissal of a speeding ticket?
- Thread starter CrazyDe1
- Start date
you're car is limited to 90mph? Huh?
I'd say you're stuck. Tolerances, wind, hills, ect could all play factor in a car that's engine won't speed past 90MPH achieving speeds of 95+MPH
that ticket is gonna hurt :Q :evil:
I'd say you're stuck. Tolerances, wind, hills, ect could all play factor in a car that's engine won't speed past 90MPH achieving speeds of 95+MPH
that ticket is gonna hurt :Q :evil:
Just a thought but even if your car is limited to 90mph, you can still go faster than that right? Downhill for instance. I dunno, just a thought
The car I was driving at the time was actually governed at 90 and I had the cruise control set to 85 but the cop said I was going 95...
the original rabbit A1 was limited by wind and hp to 65....
but yeah, fight the ticket. ALWAYS fight it... can never hurt you, and if the cop doesnt show, it gets thrown out!
but yeah, fight the ticket. ALWAYS fight it... can never hurt you, and if the cop doesnt show, it gets thrown out!
How were you caught? Was he using a laser or following you? If he was following you, good luck on dismising it. It'll be his word against yours. And in my area, the maximum speed limit I've ever seen is 70. You still deserve a ticket for going 85.
Fwiw, arguing that you were going 85 is still arguing tha you're guilty of speeding. Something to ponder. Might want a lawyer if you really need to keep it off your record.
Yeah, I was speeding blah blah blah..it was also 3:30 in the morning and I was the only car on the road of a 3 lane highway with a 75 speedlimit. He was sitting under an underpass and apparently lasered me. But again, it was impossible for me to go 95 as the car is governed at 90..I think it's governed at 88 actually becuae the gas cuts out a little before 90.
I used to think that too. But then I started reading about all the friggen overtime cops were getting just to go to court. Plus the friggen log jam this kind of crap makes of the legal system. Kinda makes me start to think that obeying the law and not being a drain on the city/county/state budgets and judicial system is a better way to go. Or just pay the ticket
Man... if every one obeys the law... who's gonna fund the road constructions, keep the pot holes at bay... and pay for the city's council annual Vegas trip?
Keep to the topic people...this isn't an ethics debate, it's a question. When fighting a ticket do you have to prove that you weren't going the speed in question or do you have to prove that you weren't committing the offense at all?
Seriously though, the car does not go 95.
Seriously though, the car does not go 95.
mugs
Lifer
- Apr 29, 2003
- 48,920
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- 91
Let's see, gas taxes, federal grants, property taxes, state taxes... Of course, there's no way ticketing law-breakers has anything to do with public safety. It's funny that I never get tickets even though I usually drive 5-10 mph over the limit... maybe it's because the cops are more interested in dangerous drivers?
the car is not going to do 95, even downhill, because govenors work by vehicle speed. when the vehicle reaches it, they cut power to keep the car below that speed. if you go downhill, it's just going to cut more power. unless it was a hill that was so steep that the car would coast at 95 with the throttle all the way back (and therefore in an engine braking situation), you weren't above 95.
although, i gotta say, the only cars i can think of with govenors of 90 are SUV's or pickups, in which case, SLOW THE FVCK DOWN because your vehicle is not safe at anything above 70 MPH.
although, i gotta say, the only cars i can think of with govenors of 90 are SUV's or pickups, in which case, SLOW THE FVCK DOWN because your vehicle is not safe at anything above 70 MPH.
In court, all you would need to say was "I am accused of going 95 in a vehicle that will only do 90 at maximum speed, via a engine block. Therefore, this allegation is invalid." You don't even need to bring up how fast you were going - that's not the issue. 
my $0.02
my $0.02
Speedo's aren't accurate at all at higher speeds. They can be off by as much as 10-15% or more. So the governor could be set at 100, but it cuts off at 90 because it's off by only 10%. And you were really going 95.
He could also argue that you could of taken off the govenor and that's why you were going so fast.
But yeah....go ahead and try to argue it especially if they don't reduce anyone's fine's for pleading guilty like they do around here.
He could also argue that you could of taken off the govenor and that's why you were going so fast.
But yeah....go ahead and try to argue it especially if they don't reduce anyone's fine's for pleading guilty like they do around here.
mugs
Lifer
- Apr 29, 2003
- 48,920
- 46
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You will be asked at some point how fast you were going. What do you plan on saying? It's possible that the answer to your question could differ from state to state, but I can tell you from my person experience sitting in the courtroom at the City of Gas City City Hall that in Indiana, it doesn't matter if you weren't going the exact speed on the ticket, if you admit to speeding at all you will be found guilty.
They get to ask you questions...
Go for it. Fight it. Try to get it removed. Like another
person said, it can't hurt and if the cop doesn't show
up, then it gets tossed out. Good luck.
Vic
Elite Member
- Jun 12, 2001
- 50,422
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Actually, it is not enough to prove in court that you weren't going as fast as the officer alleged. Traffic court is not criminal court. They do not need to prove beyond a reasonable doubt, just based on the preponderence of the evidence. So it is not enough to prove that you weren't going as fast as the officer alledged, the judge can (and most likely will) still find you guilty but may be lenient (at his discretion) and reduce the fine.
Remember also that the legal traffic infraction is not "95 in a 65" but "Exceeding the Maximum Posted Speed Limit" (or similar verbage) with the actual speed used only for setting the fine amount.
You MUST prove that you weren't speeding at all.
Remember also that the legal traffic infraction is not "95 in a 65" but "Exceeding the Maximum Posted Speed Limit" (or similar verbage) with the actual speed used only for setting the fine amount.
You MUST prove that you weren't speeding at all.
Originally posted by: Auggie
In court, all you would need to say was "I am accused of going 95 in a vehicle that will only do 90 at maximum speed, via a engine block. Therefore, this allegation is invalid." You don't even need to bring up how fast you were going - that's not the issue.
my $0.02
That's what I would think too...
Vic
Elite Member
- Jun 12, 2001
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And you'll be the laughing stock of the courtroom.Originally posted by: CrazyDe1
That's what I would think too...Originally posted by: Auggie
In court, all you would need to say was "I am accused of going 95 in a vehicle that will only do 90 at maximum speed, via a engine block. Therefore, this allegation is invalid." You don't even need to bring up how fast you were going - that's not the issue.
my $0.02
Don't worry about it. I've fought every speeding ticket I've ever had (quite a few and in 3 states), and I've sat in on traffic court many more times than I've had to just to learn how it all works so I could better fight the system.
There is ALWAYS someone like you on every docket -- someone who thinks they can win by proving they were actually doing 94 not 95
Luckily, there's only one because after the judge humilates that person with a long lecture on how that argument is not only legally invalid but also self-incriminating, no one tries it again on that docket (and some people just walk up and pay).TRENDING THREADS
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