Speeding Ticket...

[amicold]

Back in October I got pulled over for speeding on an interstate. It wasn't reckless operation or anything, just speed trap bullcrap. I got on the interstate and merged properly right behind a pack of cars. I wasn't familiar at all with the route so I was uncertain of the speed, I found a sign, 55 MPH. I usually do 5 over to avoid getting killed, so I cruised up to 60 but found traffic coming up on me from behind so I accelerated to ~ 65 or so. About a mile or two up the road everyone starts slamming the brakes on, and I see a trooper pull through the little turnaround, so everyone crawls to 55 and the trooper pulls out behind me. He was behind me for a small while at a good distance then crept up on my a$$ and started kinda riding it, so I signaled right to go into the slow lane, I assumed he was in a hurry or trying to get by me. Next thing I know he lights me up and cites me for 70 in a 55. The only thing I can think of is that when I made the lane change I did that little sub-conscious "speedup" to securely pull in. But I was driving a freakin' Malibu there is no way I hit 70 under a second or so of moderate acceleration. I think the officer was just eyeballing my speed. The ticket stated the charge was based on "direct observation" and verified by radar. The officer did not mention radar when he pulled me over. As well I don't think he could have observed my speed with the pack of cars from earlier because the point from which he was sitting was right beyond a bend and an overpass, and no other vehicles were present to observe speeders. I think 70 is a very general speed to say I was going, not 71, not 69, not any of the other 13 speeds between 55 and 70, but 70. Anyways, anyone with experience willing to offer advice for court Tuesday? I pleaded not guilty by mail.

Cliffs:
- Driving on interstate when my pack of cars comes to a speed trap
- Everyone slows
- Officer pulls out behind me, and begins to ride my a$$
- I go to make a lane change and the officer lights me up
- Ticket for 70 in a 55, but I swear I was not going 70.
- Need advice on how to make this as painless as possible.

 

[chrisms]

In traffic court you're going to look no different than the jackass next to you. My advice is to state your case in a respectful way and hope for the best.. in this situation there really isn't much you can do.

 

[amicold]

Originally posted by: chrisms
In traffic court you're going to look no different than the jackass next to you. My advice is to state your case in a respectful way and hope for the best.. in this situation there really isn't much you can do.

Figures, can I request something ridiculous like the inspection documentation for the radar used? The officer is 99% likely not going to show up, he is a state trooper and it is being handled in the municipality I was pulled over in. I came back several times to look things over that day, and he always had someone pulled over. He said it will be reduced to a parking ticket, but fvck that, I don't owe them anything.

 

[mugs]

14

 

[chrisms]

Originally posted by: amicold

Originally posted by: chrisms
In traffic court you're going to look no different than the jackass next to you. My advice is to state your case in a respectful way and hope for the best.. in this situation there really isn't much you can do.

Figures, can I request something ridiculous like the inspection documentation for the radar used? The officer is 99% likely not going to show up, he is a state trooper and it is being handled in the municipality I was pulled over in. I came back several times to look things over that day, and he always had someone pulled over. He said it will be reduced to a parking ticket, but fvck that, I don't owe them anything.

In fairness you do owe them something because you were speeding. I speed too and am not trying to get on your case, but you know the risk you take. Whether they say you sped more than you did is another thing, but feel lucky with a parking ticket.

Don't be so sure the cop won't show up. You can try to be Matlock with the radar inspection documentation but honestly if the cop eyeballed you and by your own admission you could've gone almost 70 mph, his eyeballs aren't going to be perfect and you're going to have to pay the ticket.

 

[ed0ggyd0gg]

Hmmm. Well this isn't exactly top notch advice so no guarantees. Just call the courts and postpone the date a couple times, using various excuses (work, out of town, appointments, etc.) After maybe 2 or 3 date changes (or however you want), then head in to court.

Sometimes the officers don't show up and in that case your ticket would automatically get thrown out. I remember being in court one day and there was this guy there that struck up a conversation with me. Of course, standard procedure is finding out why the dude is in there. He had a speeding ticket and had postponed the court date for almost a year, and was hoping that officer would not show up. I thought his chances were pretty good, not sure how many officers are detailed enough to remember a case from the previous year.

Of course, he might be there nonetheless. In that case, plead your case, and expect that it won't get overturned.

 

[amicold]

Originally posted by: chrisms

Originally posted by: amicold

Originally posted by: chrisms
In traffic court you're going to look no different than the jackass next to you. My advice is to state your case in a respectful way and hope for the best.. in this situation there really isn't much you can do.

Figures, can I request something ridiculous like the inspection documentation for the radar used? The officer is 99% likely not going to show up, he is a state trooper and it is being handled in the municipality I was pulled over in. I came back several times to look things over that day, and he always had someone pulled over. He said it will be reduced to a parking ticket, but fvck that, I don't owe them anything.

In fairness you do owe them something because you were speeding. I speed too and am not trying to get on your case, but you know the risk you take. Whether they say you sped more than you did is another thing, but feel lucky with a parking ticket.

Don't be so sure the cop won't show up. You can try to be Matlock with the radar inspection documentation but honestly if the cop eyeballed you and by your own admission you could've gone almost 70 mph, his eyeballs aren't going to be perfect and you're going to have to pay the ticket.

I was no where in his view or anyone elses going near 70. At most I did in his view was 60. The ticket states the model type of the radar, it is the immovable in-dash mounted radar. When he was behind me I did no more than 60, and that 60 would only be when I switched lanes. I was heading southbound, and it is 55mph, however northbound in the same stretch is 65mph, so go figure.

 

[biggestmuff]

Be respectful to the court (judge and officer) and only state facts. Don't offer your opinion; "I think...". It's a little too late now, but you could've had your speedometer checked for inaccuracy. Sometimes, if you explain the situation to a mechanic shop using certain word$, they'll find that your speedometer is lightly out of specification, leading you to inadvertently speed.

Good luck.

I went through a similar situation earlier this year and was incredibly lucky in court. The officer had brought a copy of the radar certification paperwork. While that is legally allowable, the copy of the certification still needs to have a embossed seal or stamp to make the copy official. The officer's copy did not have a embossed seal, just the seal from the original document. When shown the law regarding copies of the radar certification, the judge exhaled and told me, "Mr. Biggestmuff, you dodge a bullet today." I nearly sharted. The case was dropped and I won.


EDIT: Also, you can request to see the officer's radar training paperwork. He/she should have gone to some amount of classroom and field training in the proper operation of a radar unit. If they cannot prove that they are qualified to operate a radar unit, then it puts doubt upon them. I don't see that you have a lawyer and don't know your age, but do not be afraid to ask this of the officer. You have every right to be there and to question him. Again, be respectful, but assertive. Have some backbone and stand tall!

The radar stuff may or may not work. You said the officer was behind you for a little while, he was probably just pacing you. That's why he didn't mention the radar when he pulled you over. Just a thought. Good luck again!

 

[Nutdotnet]

Yeah dude, just be respectful. Admit that you were "speeding" to go with the flow of traffic...my guess is that they'll let you of easy, especially if it is your first offense.

 

[uberman]

Please state the year of the Malibu, body style and engine size. Don't run out and look at the engine, tell me what you know. Thanks.

 

[biggestmuff]

Originally posted by: uberman
Please state the year of the Malibu, body style and engine size. Don't run out and look at the engine, tell me what you know. Thanks.

Unless you're just wanting to know that for personal information, that will be irrelevant in court.

 

[Suspicious-Teach8788]

Originally posted by: Nutdotnet
Yeah dude, just be respectful. Admit that you were "speeding" to go with the flow of traffic...my guess is that they'll let you of easy, especially if it is your first offense.

You don't need to say you were speeding. Just say you were with the flow of traffic. You weren't FASTER than everyone, nor were you slower, but you were following the flow so that you wouldn't be a road hazard.

Getting ticketed for 70 royally SUCKS. ><

 

[bignateyk]

If the trooper who pulled you over doesnt show at the hearing, you can plead not guilty, and you will get off scott free. (Unless theyve changed something in the rules in the last year or so)

If he does show up, talk to him BEFORE the hearing starts and see if you can work out a deal. I have had 3 speeding tickets. One the officer didnt show up, and it got dropped entirely (74 in a 55). Another one I talked to the officer before the hearing started, and he agreed to give me 65 in a 55 instead of 83 in a 55. The third one, I talked to the officer before the hearing and he agreed to give me a 35 in a 25 instead of a 43 in a 25.

If you were nice to the officer when he pulled you over, and you are nice before the hearing, he will most likely cut you a deal and say something like "I'll let you off easy just this once"

If you go in acting like you did nothing wrong, and start demanding proof of things, you're not gonna get anything. You just have go in there and suck up and admit you did something stupid, and ask for mercy.

 

[3NF]

As painless as possible? Avoid the courthouse completely and just pay the fine over the internet.

 

[rmrfhomeoops]

If money doesn't matter and time is far more important that might be the way to go. But assuming 100-200 fine + increase in insurance for next 2 years, it makes since to go to a court if you think you have a chance.

 

[3NF]

If it was me, I'd just pay the fine. I get the impression that this might be the 1st speeding ticket, so I doubt the insurance would go up. I guess that depends on the insurance company.

 

[spacejamz]

just have the same arrogant, pompous attitude you have in the OP and you will be fine...

 

[xSauronx]

Originally posted by: 3NF
If it was me, I'd just pay the fine. I get the impression that this might be the 1st speeding ticket, so I doubt the insurance would go up. I guess that depends on the insurance company.

he can call the county attorneys office and ask if they have any way to reduce his fine, at least. even if its not his first ticket, he can probably easily get it reduced if he doesnt feel he can get out of it just by making a quick phone call.

 

[amicold]

Originally posted by: uberman
Please state the year of the Malibu, body style and engine size. Don't run out and look at the engine, tell me what you know. Thanks.

It's a 2000 v6, the 3100 3.1 litre. It accelerates rather speedily through first and second, but at about ~50 it would bog down extremely. I figured I was in 4 cruising and if at all, it downshifted to 3 to pick up a small bit of speed.

It is my first offense, and I guess I should explain. I am required to plead by mail, so I plead not guilty. I then got a notice in the mail that I have a "meeting" with the town prosecutor on 1/2/07. It is the little window you stand and haggle at. Anyways, I'm doubtful of the officer showing up considering it is pure revenue generation, and he said himself "they'll plead you to a parking ticket, you want to plead not guilty." I'm sure he handed out close to a hundred of the damn things that day and I doubt he remembers anyone specifically.

@spacejamz - I admit when I've done something that justifiably deserves punishment. This is not one of those, I was not driving recklessly, merely flowing with the traffic.

 

[uberman]

Originally posted by: amicold

Originally posted by: uberman
Please state the year of the Malibu, body style and engine size. Don't run out and look at the engine, tell me what you know. Thanks.

It's a 2000 v6, the 3100 3.1 litre. It accelerates rather speedily through first and second, but at about ~50 it would bog down extremely. I figured I was in 4 cruising and if at all, it downshifted to 3 to pick up a small bit of speed.

It is my first offense, and I guess I should explain. I am required to plead by mail, so I plead not guilty. I then got a notice in the mail that I have a "meeting" with the town prosecutor on 1/2/07. It is the little window you stand and haggle at. Anyways, I'm doubtful of the officer showing up considering it is pure revenue generation, and he said himself "they'll plead you to a parking ticket, you want to plead not guilty." I'm sure he handed out close to a hundred of the damn things that day and I doubt he remembers anyone specifically.

@spacejamz - I admit when I've done something that justifiably deserves punishment. This is not one of those, I was not driving recklessly, merely flowing with the traffic.

This is why I asked:

I've had 2 malibu station wagons, a 1982 and a 1983. I got the later model because I wanted air conditioning. I've worked on a lot of cars. It's interesting that I had the speedometer fixed on both of them. I've only had 3 speedos serviced in my life, so it's just funny that they had such a high failure rate on this car.

Here's the deal on the 1983. I was swapping parts off the old car to put them on the new one. All the tires were swapped etc. The tires were all stock, so you can't blame a speeding ticket on odd sized tires here. Within three weeks I was pulled over by a state trooper for speeding. I was shocked, so I was pretty convincing to the cop. He let me go. I explained to him that I just got the car and that I had swapped the tires, but that they were stock. Sure enough I had to pull the speedo head and have it serviced. That fixed the problem.

The point is, if you had a model like these, the speedo is likely out of whack and if you have it serviced you could hand the judge a copy of the reciept and get out of the charge.

You should never prep for court the day before, start earlier. That's just my opinion.

 

[Adn4n]

You do realize that you have the right to ask to see the radar shot of you speeding right? I always do, got out of 2 tickets so far.

 

[biggestmuff]

uh...so what happened?

 

[biggestmuff]

must be in jail

 

[mugs]

Originally posted by: amicold

Originally posted by: chrisms
In traffic court you're going to look no different than the jackass next to you. My advice is to state your case in a respectful way and hope for the best.. in this situation there really isn't much you can do.

Figures, can I request something ridiculous like the inspection documentation for the radar used? The officer is 99% likely not going to show up, he is a state trooper and it is being handled in the municipality I was pulled over in. I came back several times to look things over that day, and he always had someone pulled over. He said it will be reduced to a parking ticket, but fvck that, I don't owe them anything.

He'll show up. And yes, I believe you can request that information.

 

[Garet Jax]

Originally posted by: amicold
I admit when I've done something that justifiably deserves punishment. This is not one of those, I was not driving recklessly, merely flowing with the traffic.

This statement irks me. It is exactly what "excuse" lynch mobs used to use when they were caught. It does not justify speeding or breaking any other law - you were not tivcketed for reckless driving.

I am not being holier than thou because I speed too. But if I am caught I admit I was wrong by society's standard no matter how much I hate the speed limits.