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Speeding ticket - is this enough for dismissal?

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MangoTBG

Diamond Member
Apr 28, 2003
3,101
0
76
That person right up there has a point....You signed it like a fool ;)! No dismal for you!
 

Hammer

Lifer
Oct 19, 2001
13,217
1
81
Originally posted by: Ornery
You signed it, didn't you?

that's not an admission of guilt.
rolleye.gif
you have to sign it.
 

MacBaine

Banned
Aug 23, 2001
9,999
0
0
Here's what's going to happen.

You are going to contest it, the officer will say he made a mistake, the judge will tell you that you signed the ticket, you will pay it.
 

Rogue

Banned
Jan 28, 2000
5,774
0
0
Originally posted by: brxndxn
The wrong date is more than enough to get the ticket dismissed. Just state that you were out eating with your friends or something during the time the ticket says. Most likely, the cop won't even remember what date and time he actually did stop you.

Also, state that the officer did not get you on radar if the judge does not like the date excuse. When I was in traffic court fighting a ticket, I had to witness about 20 people before me contest their tickets. Four of them stated the officer did not get them on radar or failed to show them the radar when they stopped them. Four of them got their tickets readily dismissed.

I call bullshit, especially if the judge threw out those tickets for the officer not showing the RADAR readout. Nearly every state I know DOES NOT and/or WILL NOT take the offender out of the car, walk them back to the patrol vehicle to show the readout and then get them back in their car again, EVER. It is too much of a safety concern for the motorist and the officer.

An officer can use pacing in certain circumstances, in some locales, however, the question here is, was his speedometer calibrated recently? If you really want to get out of the ticket, that is the question to ask in court. Now, is it a speeding ticket with a MPH indicated or is it a "Speed Greater than Prudent" ticket with no speed specified on it? If that's the case, you can still win challenging the calibration of the speedometer on the patrol car, but your chances are shakier. I shouldn't be helping you speeding asshats, but what the hell? Just slow down from now on.
 

Bulk Beef

Diamond Member
Aug 14, 2001
5,466
0
76
Is everybody a lawyer here, or did you all just stay at a Holiday Inn Express last night?

Just pony up and pay the damn thing, unless you feel like playing Clarence Darrow.

 

Rogue

Banned
Jan 28, 2000
5,774
0
0
No, I'm an officer and have seen tickets thrown out for pacing based on that question I posed. Granted, I think he should just pay the damn ticket and his method of trying to get out of it is so damn pathetic and weak, "I was in a meeting shortly after noon, not speeding like a jackass your honor." that I just can't take it. I'd rather he didn't try to make a mockery of the system the way he is going to attempt.
 

guyver01

Lifer
Sep 25, 2000
22,135
5
61
eh... mebbbe i'll go to court (or send my lawyer) to plea bargain the ticket down to something else.

Last time i got a ticket... 4-5 years ago... i got it reduced to failing to yield.

i dont want the points... that's the thing.
 

murphy55d

Lifer
Dec 26, 2000
11,542
5
81
Originally posted by: guyver01
eh... mebbbe i'll go to court (or send my lawyer) to plea bargain the ticket down to something else.

Last time i got a ticket... 4-5 years ago... i got it reduced to failing to yield.

i dont want the points... that's the thing.

then don't speed.
rolleye.gif
 

Bulk Beef

Diamond Member
Aug 14, 2001
5,466
0
76
Originally posted by: Rogue
No, I'm an officer and have seen tickets thrown out for pacing based on that question I posed. Granted, I think he should just pay the damn ticket and his method of trying to get out of it is so damn pathetic and weak, "I was in a meeting shortly after noon, not speeding like a jackass your honor." that I just can't take it. I'd rather he didn't try to make a mockery of the system the way he is going to attempt.
That wasn't addressed to you, but to all the 18-25 yo armchair lawyers telling the OP that he can "beat the rap" on a "technicality".

It's TRAFFIC COURT. Pay up.

 

huesmann

Diamond Member
Dec 7, 1999
8,618
0
76
Go to court with your story. If you're lucky enough to be later on in the docket, listen and learn to everyone else. If the judge is handing out PBJs left and right, just take your chances and plead guilty.
 

NogginBoink

Diamond Member
Feb 17, 2002
5,322
0
0
Originally posted by: guyver01
also.. the trooper who gave me the ticket never clocked me... he said i was keeping up with his car, and since he was going fast, i must have been to.

i should fight it :)

I'd use an entrapment defense.

If it's legal for him to go that fast (without lights/sirens), then it's legal for you to go that fast.
 

xirtam

Diamond Member
Aug 25, 2001
4,693
0
0
Originally posted by: guyver01
also.. the trooper who gave me the ticket never clocked me... he said i was keeping up with his car, and since he was going fast, i must have been to.

i should fight it :)

That's enough to get it dismissed.

So is the improper date.

Take that into the county attorney and tell him your story; I think your chances are good that they'll throw it out right there. Preferably do it before noon today.
 

EyeMWing

Banned
Jun 13, 2003
15,670
1
0
Originally posted by: NogginBoink
Originally posted by: guyver01
also.. the trooper who gave me the ticket never clocked me... he said i was keeping up with his car, and since he was going fast, i must have been to.

i should fight it :)

I'd use an entrapment defense.

If it's legal for him to go that fast (without lights/sirens), then it's legal for you to go that fast.

It is legal for him - but not you. Certain circumstances can call for officers to shut off the warning systems/noisemakers - especially on approach to a crime in progress. But that doesn't mean they don't have to haul some butt to get there.
 

guyver01

Lifer
Sep 25, 2000
22,135
5
61
Originally posted by: EyeMWing
It is legal for him - but not you. Certain circumstances can call for officers to shut off the warning systems/noisemakers - especially on approach to a crime in progress.

and that crime in progress, which called for a silent approach, allowed him to pull me over first and give me a ticket?

 

Nitemare

Lifer
Feb 8, 2001
35,461
4
81
A friend of mine got a ticket once where the cop circled PM and should have circled AM. He pointed this out to his lawyer and the lawyer chuckled and said not a chance. Maybe if it was an incorrect number in your license plate or dl#, but date and time has little to do with it. If you really want to get anal about it, since the cop was pacing you, ask about when the last time he was trained on pacing, when his car speedometer was last calibrated...yadda yadda. Put the cop on trial, take the heat off from you.
 

Wuffsunie

Platinum Member
May 4, 2002
2,808
0
0
I say fight it. Speeding tickets are mostly extra revinue generators nowadays, as you've seen.

Not sure how your defence should go (never faught one of these myself), but the notary sounds like a good idea. Back that up with lack of radar, you should be fine. Just have precidents handy in case.

As for those saying a mistake is not enough to dismiss it, I've had a friend get his dismissed because the officer wrote he caught him at a non-existant intersection. Sure, both were real streets (and he was on one), they just never crossed.

Hope it goes well for ya!

-- Jack

The more corrupt a society, the more numerous its laws.
 

Ausm

Lifer
Oct 9, 1999
25,213
14
81
Originally posted by: guyver01
also.. the trooper who gave me the ticket never clocked me... he said i was keeping up with his car, and since he was going fast, i must have been to.

i should fight it :)

I got a traffic ticket thrown out once because the cop wrote the wrong street down. I am sure yours will get thrown out.

Ausm
 

NogginBoink

Diamond Member
Feb 17, 2002
5,322
0
0
Originally posted by: EyeMWing
Originally posted by: NogginBoink
Originally posted by: guyver01
also.. the trooper who gave me the ticket never clocked me... he said i was keeping up with his car, and since he was going fast, i must have been to.

i should fight it :)

I'd use an entrapment defense.

If it's legal for him to go that fast (without lights/sirens), then it's legal for you to go that fast.

It is legal for him - but not you. Certain circumstances can call for officers to shut off the warning systems/noisemakers - especially on approach to a crime in progress. But that doesn't mean they don't have to haul some butt to get there.

That's news to me. To the best of my knowledge, cops are obliged to follow all traffic laws except when lights/sirens are on. Can you substantiate your claim?