Question about speeding ticket

[Apple Of Sodom]

I received a speeding ticket. I just noticed on the bottom there is a statement that says "I certify under penalty of perjury that the above information is true..." etc.

I don't plan on contesting the ticket, but I know of people who have contested and won for various reasons. If the defendant is found not guilty why isn't the police officer then convicted of perjury?

 

[CRXican]

no

 

[guyver01]

Perjury is intentionally falsifying info.

Not Guilty doesn't mean you didn't do it. It just means the police officer didnt PROVE it.

 

[Zeze]

ALWAYS contest the ticket, you have a chance of getting it reduced at the minimum.

 

[CRXican]

it means you're a better liar than he is

 

[Apple Of Sodom]

ALWAYS contest the ticket, you have a chance of getting it reduced at the minimum.

Meh. I was doing 80 in a 65. $250 and 6 points. He cited me for 74 in a 65. $72 and 2 points. If I contest then it will be based on the original charge. I would rather pay the reduced and not risk it.

 

[Apple Of Sodom]

Perjury is intentionally falsifying info.

Not Guilty doesn't mean you didn't do it. It just means the police officer didnt PROVE it.

It states that the above information is true. If they don't prove it, then it isn't true. It is either true or it isn't...right?

 

[Apple Of Sodom]

Also, I was cited for going 4-9 MPH over speed limit. Why isn't it based on a percentage? Doing 74 in a 65 is less dangerous than doing 34 in a 25, I would think.

Lastly, I contend that my brand new vehicle doing 74 is much safer and will stop shorter than a 1972 Chevy pickup doing 65.

 

[guyver01]

It states that the above information is true. If they don't prove it, then it isn't true. It is either true or it isn't...right?

nope.

Ticket says you were doing 60 in a 55. Can't PROVE it because the cop doesnt recall the date, or the radar gun wasn't properly calibrated. This is NOT GUILTY, but it's not necessarily false.

Ticket says you were doing 530 in a 20. Your car only does 150. Radar records show you were doing 40 in a 20. Cop admits he wrote the wrong number. This is PERJURY. The officer intentionally falsified your ticket.

 

[randomrogue]

Apple remember that it's not so much the ticket but the increase to your insurance that might be worth showing up in court for. Then again I've never contested a ticket but the last ticket I got I should have since it was $100 but cost me $1000 on my insurance over 3 years.

 

[Apple Of Sodom]

not according to the law.

Are you saying that our laws are not based on logic?

You, good sir, are a heretic.

 

[BudAshes]

Also, I was cited for going 4-9 MPH over speed limit. Why isn't it based on a percentage? Doing 74 in a 65 is less dangerous than doing 34 in a 25, I would think.

Lastly, I contend that my brand new vehicle doing 74 is much safer and will stop shorter than a 1972 Chevy pickup doing 65.

These laws have almost nothing to do with safety and everything to do with raping your wallet in the most efficient way possible. How can you know this? The state of ca is broke yet they keep hiring and staffing more chp. Also they have been told to stop giving out warnings almost entirely.

 

[Apple Of Sodom]

Apple remember that it's not so much the ticket but the increase to your insurance that might be worth showing up in court for. Then again I've never contested a ticket but the last ticket I got I should have since it was $100 but cost me $1000 on my insurance over 3 years.

First ticket in 11 years... and I would rather not risk losing the 6 points.

 

[guyver01]

Are you saying that our laws are not based on logic?

You, good sir, are a heretic.

logic states not everything is black or white.

there are shades of grey.

false information is not necessarily intentionally false.

someone asks you when your wife was born. You say june 30th.
you later remember it's july 30th. did you intentionally provide false information? or was your memory faulty?

 

[hanoverphist]

Also, I was cited for going 4-9 MPH over speed limit. Why isn't it based on a percentage? Doing 74 in a 65 is less dangerous than doing 34 in a 25, I would think.

Lastly, I contend that my brand new vehicle doing 74 is much safer and will stop shorter than a 1972 Chevy pickup doing 65.

i bet ya this 72 chevy pick up has better brakes than most new cars...

the law has to set limits because asshats keep upping the statistics. just because you see yourself as safer than the next guy doesnt mean your statistical chance wont happen at some point.

as for the OP question, the cop is stating the facts as he saw them. the perjury notice is for the info about you filled out in the ticket.

 

[FoBoT]

 

[JulesMaximus]

Meh. I was doing 80 in a 65. $250 and 6 points. He cited me for 74 in a 65. $72 and 2 points. If I contest then it will be based on the original charge. I would rather pay the reduced and not risk it.

Why would it be based on the original charge? He wrote 74 in a 65. He can't go back later and say you were really going faster and then convict you of that. They can only convict you for what the officer wrote on the ticket.

 

[Spikesoldier]

plea no contest, take defensive driving course online, have citation dropped.

/thread

 

[guyver01]

plea no contest, take defensive driving course online, have citation dropped.

/thread

not all jurisdictions offer 'driving course' to have the charges dropped.

 

[MichaelD]

plea no contest, take defensive driving course online, have citation dropped.

/thread

This, or request probation. Not all cities/states offer it and the ones that do won't advertise it. You go to court and request probation. Being that you have a clean record (until now) the judge will ask you one question "Can you pay the fine in full right now?" You say "Yes, SIR." and he give you probation. You pay the full fine of the ticket. You get no other moving violations of the same type (speeding) in the next 60-90-120 (however many days it is in your jurisdiction) and the ticket goes away and more importantly, your insurance compnay doesn't find out.

Over the past 18 years I've dealt with at least that many speeding tickets that way. Perfect driving record according to my insurance company. :sneaky: In fact, I'm on probation right now. Instant on radar is a bitch. There was a line of 20 cars all doing 80. I was dead in the middle of the pack. He pulled me over. It was my day I guess.

 

[Apple Of Sodom]

Why would it be based on the original charge? He wrote 74 in a 65. He can't go back later and say you were really going faster and then convict you of that. They can only convict you for what the officer wrote on the ticket.

He put a line on the ticket saying

ACTUAL WAS 85/65: 6 PTS, $250

Maybe he is full of shit and knows most people will take the lesser charge instead of risking the points?

 

[Zenmervolt]

If the defendant is found not guilty why isn't the police officer then convicted of perjury?

Because perjury, like the majority of crimes, requires that the act be willful. A person cannot be prosecuted for perjury based on an honest mistake. The whole "I certify..." phrasing is simply a term of art meaning that the officer is reporting in good faith that is necessary for the ticket to be used as evidence under procedural rules.

Also, a lack of proof is not the same thing as falsity, especially in court where various evidentiary or procedural rules may prohibit the state from presenting evidence in court even if conclusive evidence exists.

Finally, most people who contest tickets don't actually fight the ticket in court. That pretty much never happens. What does happen is that their lawyer calls up the prosecutor's office (or files a motion for discovery) and the prosecutor decides to settle without ever going to court because they don't want to be bothered with having to go to court over traffic tickets. In such cases, there's never even an opportunity for the officer to "prove" anything because the original charge is never presented in court. The person who received the ticket simply pleads out to some non-moving violation and pays a fine that doesn't involve points on his or her license.

ZV

 

[SandEagle]

the laws do not apply to cops in this country. they are free to do as they will. consider yourself lucky that you only got a speeding ticket and not a speeding bullet.

 

[MichaelD]

...right....or just requests PROBATION right off the bat and you're in and out in two hours. Where I live now it's all done online. I never had to leave the house to get probabtion this time. They even take credit cards online. What will they think of next? Probably the cops will have POS terminal in their car. You pay right there. Genius! I'm off the patent office!

 

[Apple Of Sodom]

...right....or just requests PROBATION right off the bat and you're in and out in two hours. Where I live now it's all done online. I never had to leave the house to get probabtion this time. They even take credit cards online. What will they think of next? Probably the cops will have POS terminal in their car. You pay right there. Genius! I'm off the patent office!

Haha! I had that same thought this weekend. He was like "Pay your fine online in a week or two..." and I'm thinking "I can take CC with my iPhone...why can't I pay now?"