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Question about fighting speeding ticket?

T

Techie333

Platinum Member
My friend recently got a speeding ticket for supposedly speeding...the cop pulled him up and said, "you were going ABOUT 75." Now on the ticket, there is no speed listed; the only thing that is checked is "VIOLATION OF TRAFIC CONTROL DEVICE," and under the other violations or comments pertaining offense he wrote, "Posted Speed 45." My friend is sure that he wasn't using a radar gun because he said "ABOUT"............how does he fight this ticket? Any ideas??

edit: he never ran the red light at the intersection also......that is where the cop pulled up behind him..
 
Originally posted by: Azraele
Was your friend speeding?
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Of course, but in order to fit in you must argue speeding tickets.
rolleye.gif
 
Originally posted by: Techie333
cmon guys........be helpful..
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Go to court. Beg.

The cops don't need to clock you to know that you are speeding. If your friend sped and got a ticket, he's gonna pay; he can try to plead it if he wants, but that's about it.

Rob
 
Your argument is like saying "Well, the cop said my friend shot the guy 8 times, but he really only shot him 7 times! He shouldn't go to jail, right?"

Is the guy still dead? yes.
 
If he goes in, most likely the officer won't show for the day. If he does, the fine will probably be reduced. Whether or not there is a speed on the ticket, it was still issued to him. If he wants to fight it for the sake of insurance costs, tell him to get a lawyer. They will find something that will get him off the hook.
 
violation of a traffic device is not a speeding ticket. It's a non-moving violoation that will cost him 2 points and roughly 120.00 bucks. It's likely that he will not have much luck fighting it, since that offense is what they generally plead speeding tickets down to. Wont affect his insurance though...

If you're lucky enough like me to have some lawyer friends, then its another story entirely 🙂
 
he may win on technicallity.The speeding ticket didn't list the speed tha he was going at. Their for their is no way for the court to verify how fast he was going. Furthermore due to the absent of the how many miles over the speed limit he was going they can't calculate the fine. Tell him to to go to court and fight and just tell the judge it dont indicate how fast i was going, and i wasn't speeding and the officer have didn't indicate on the ticket that i was.Good luck to him.
 
If he goes in, most likely the officer won't show for the day.
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Who's the moron who told this to everyone? In my experince, the officer ALWAYS shows up. They're supposed to. They get off work to do it.

It's a non-moving violation that will cost him 2 points and roughly 120.00 bucks
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You seem to be from New York. I'll assume you've spent a lot of time in Florida, seeing as you know their traffic laws so well. Either that, or you're assuming that ever state has the same traffic laws. Here in California, only relatively serious infractions will get you 2 points. Yu lose your license if you get 4 points in one year.

Their for their is no way for the court to verify how fast he was going.
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Yes there is. They ask the officer:
judge: "Officer, did you give this man a ticket?"
cop: "yes, your honor"
judge: "and how fast was he going?"
cop: "75mph"
Defendant: "NOOO!!!! you said ABOUT, not exactly... about!"
cop: "ok, judge, I lied, he was going 76mph"
judge "guilty"
 
Originally posted by: KK
Originally posted by: PipBoy
Cop doesn't need radar to give you a ticket for speeding. That is all.
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Then how do they know how much to fine him for?

KK
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If you are driving on the freeway at 75 mph, maintaining a constant distance fro mthe car in front of you, how fast is the car in front of you going?
 
Originally posted by: notfred
If he goes in, most likely the officer won't show for the day.
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Who's the moron who told this to everyone? In my experince, the officer ALWAYS shows up. They're supposed to. They get off work to do it.

It's a non-moving violation that will cost him 2 points and roughly 120.00 bucks
Click to expand...

You seem to be from New York. I'll assume you've spent a lot of time in Florida, seeing as you know their traffic laws so well. Either that, or you're assuming that ever state has the same traffic laws. Here in California, only relatively serious infractions will get you 2 points. Yu lose your license if you get 4 points in one year.

Their for their is no way for the court to verify how fast he was going.
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Yes there is. They ask the officer:
judge: "Officer, did you give this man a ticket?"
cop: "yes, your honor"
judge: "and how fast was he going?"
cop: "75mph"
Defendant: "NOOO!!!! you said ABOUT, not exactly... about!"
cop: "ok, judge, I lied, he was going 76mph"
judge "guilty"
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if u can create a reasonabel doute u win the case.In the absence of the prove how fast u were going u will be abel to creat a resunabel doute that he was not going 75 because office didn't put the speed on the ticket but still gave him the ticket hopping he will not fight it but will just pay it.

question to the origional poster.was it black and white who stoped him or a motorcycle cop? It makes kind of a differecen at least in california it would.
 
Originally posted by: Techie333
yes, but they have to have a gun..........and say what speed you were going at on the ticket.....
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No cops don't have to have radar, there are other means for them to measure speed, is it scientific? Maybe, maybe not.

Pacing is used to measure your speed by matching it with their vehicle and then looking at the speed currently traveled.

Vascar or any other form of clocking is just that. Using a stopwatch to measure time.

Visual Estimation, which is just eye-balling it, not very scientific.
 
Originally posted by: notfred
If he goes in, most likely the officer won't show for the day.
Click to expand...

Who's the moron who told this to everyone? In my experince, the officer ALWAYS shows up. They're supposed to. They get off work to do it.
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Actually for me i have more no shows than shows.



 
"VIOLATION OF TRAFIC CONTROL DEVICE" What is a traffic control device. If there is no speed posted on the ticket then it is not really a traditional speeding ticket. I'm taking it the the sign saying 45MPH is the traffic control device. Is this normal way to write someone up?

KK
 
Originally posted by: notfred
Originally posted by: KK
Originally posted by: PipBoy
Cop doesn't need radar to give you a ticket for speeding. That is all.
Click to expand...

Then how do they know how much to fine him for?

KK
Click to expand...

If you are driving on the freeway at 75 mph, maintaining a constant distance fro mthe car in front of you, how fast is the car in front of you going?
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Sorry, didn't mean to be vague there. I was thinking in this case if they didn't write down a speed, how would they know what to fine him for.

KK
 
Originally posted by: Need4Speed
its not a speeding ticket...its a non moving violation like running a stop sign ... see previous post
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yeah exactly. the speed isn't even an issue here. what did your friend do to violate a traffic control device?
 
Originally posted by: thomsbrain
Originally posted by: Need4Speed
its not a speeding ticket...its a non moving violation like running a stop sign ... see previous post
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yeah exactly. the speed isn't even an issue here. what did your friend do to violate a traffic control device?
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Disobeying a speed limit sign?

BTW, any odds on how many car wreck threads there will be tomorrow after tonight's celebrating? Be careful out there!
 
If he intends to actually challenge the ticket and go to traffic court, he needs to explicitly subpoena the officer if he expects him to be there. I got a wreckless driving ticket about a year ago (speeding 55 in a 25) and got the book thrown at me by the judge because I couldn't exactly cross examine an affidavit. I had no argument without being able to question my accuser, and the court was not amused. $500 later, and a tad wiser, I recommend taking the "mitigation" option rather than challenging it unless your case is rock solid.
 
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