YAT(icket)T: So, I got pulled over for speeding in a way that was impossible, and the cop was acting shaddy...

[stonecold3169]

Alright... so it's tuesday night, and I need some snacks before heading to bed. I pull out of campus, onto a 30mph zone, get about 50 feet before I see the red lights and pull over. The officer asks me if I know why, to which I am assuming it's some sort of weird fix-it ticket... instead, he tells me that he had radar set up in an arena parking lot and clocked me going 46 is a 30. Now, the kicker here is the parking lot he was in is only 15 feet from the exit I left from. I drive a '99 Intrepid, you do the math, there is no way possible I was going even 30 yet, let alone speeding, going 15-20 feet from a complete stop (the officer agreed that I had stopped completely at the exit).

Then, from here it gets weirder. I asked the cop not once, but twice (politely, I might add) if I could please see his radar gun to verify this, as in my 5 years of driving I've never gotten a ticket, and whenever I've actually BEEN pulled over for speeding I've admitted to it and it's never been by more then 7 mph, and that was on the highway. He refused me both times, saying I didn't have the right to that. The officer was polite the whole time, and it was a rather docile stop. Oh, the cop also verified that it was 46mph as I crossed the entranceway to the lot he had radar set up in.

So, now I have a ticket which I KNOW is garbage, and I intend on fighting this, likely knowing that I will lose. A few things though: IS it really out of my rights to see the radar gun? I know that ot's legal for a cop to pace you, but he told me he used radar... Second, and I realize it is pulling strings, he has my DOB on the ticket incorrect, it should be 2/16/1983, not the 2/16/93 he CLEARLY has written on it.

Any advice?

 

[bradruth]

Your speed probably wasn't still on the radar anyway, especially if they use the kind the GFPD has. The model we have here is a little sketchy, so sometimes there are errors, but there's no way to really prove it either way.

 

[spanky]

i tink when something on the ticket doesn't match up... the ticket usually gets tossed. however... that's just what i have heard and YMMV.

 

[cressida]

Originally posted by: stonecold3169
Alright... so it's tuesday night, and I need some snacks before heading to bed. I pull out of campus, onto a 30mph zone, get about 50 feet before I see the red lights and pull over. The officer asks me if I know why, to which I am assuming it's some sort of weird fix-it ticket... instead, he tells me that he had radar set up in an arena parking lot and clocked me going 46 is a 30. Now, the kicker here is the parking lot he was in is only 15 feet from the exit I left from. I drive a '99 Intrepid, you do the math, there is no way possible I was going even 30 yet, let alone speeding, going 15-20 feet from a complete stop (the officer agreed that I had stopped completely at the exit).

Then, from here it gets weirder. I asked the cop not once, but twice (politely, I might add) if I could please see his radar gun to verify this, as in my 5 years of driving I've never gotten a ticket, and whenever I've actually BEEN pulled over for speeding I've admitted to it and it's never been by more then 7 mph, and that was on the highway. He refused me both times, saying I didn't have the right to that. The officer was polite the whole time, and it was a rather docile stop. Oh, the cop also verified that it was 46mph as I crossed the entranceway to the lot he had radar set up in.

So, now I have a ticket which I KNOW is garbage, and I intend on fighting this, likely knowing that I will lose. A few things though: IS it really out of my rights to see the radar gun? I know that ot's legal for a cop to pace you, but he told me he used radar... Second, and I realize it is pulling strings, he has my DOB on the ticket incorrect, it should be 2/16/1983, not the 2/16/93 he CLEARLY has written on it.

Any advice?

Try to fight it, maybe his mistake of your DOB will help too.

 

[stonecold3169]

See, while normally I would pounce on the DOB thing (citing that if the officer was negligent in writing out a ticket, imagine he could have made other mistakes), I have heard that claiming minor things like that would make a judge have no mercy on you... I either need to get this tossed or reduced, as I'm guessing thats a lot of points in NY

 

[xXped0thugXx]

discrepencies on the ticket *usually* will get you off.


it is also within your legal right to see the radar gun ifaik.


you shoulda just dipped, that intrepid could outrun a cruiser...mexico comes up quick!

 

[Mill]

The DOB issue will NOT effect the ticket. Common myth. The Police are given latitude when it comes to writing down information like that. Obviously it is easy to transpose a 9 instead of an 8. If you were 93 you couldn't be driving. Anyway, the DOB issue is not worth pursuing. As long as the ticket was written by him in good faith, then that inaccuracy is not an issue at all. I suggest going to court and getting traffic school. Fighting a ticket is worth it if you really think you weren't speeding.

 

[Evadman]

I got a ticket for taking a right hand turn from a 2 lane street onto a 4 lane street at 71 MPH in my GMC Jimmy s-15, when I actually stopped at the stop sign. An F1 Open Wheel couldn't have taken it at 71, let alone a tip over at 20mph Jimmy. I fought it and lost. According to the judge (and this is as close to the real quote I can remember), "Physics are not a limiting factor in taking turns at high speeds".

Besides, you could have a 1200 cubic inch 5000 HP V8 running on nitro in your Intrepid.

 

[MercenaryForHire]

Firstly, I swear I've seen this thread before.


And secondly, how the hell is an Intrepid going to get up to 46mph, then back down to 0 in that little distance?
x2

- M4H

 

[Orsorum]

Originally posted by: Evadman
I got a ticket for taking a right hand turn from a 2 lane street onto a 4 lane street at 71 MPH in my GMC Jimmy s-15, when I actually stopped at the stop sign. An F1 Open Wheel couldn't have taken it at 71, let alone a tip over at 20mph Jimmy. I fought it and lost. According to the judge (and this is as close to the real quote I can remember), "Physics are not a limiting factor in taking turns at high speeds".

Besides, you could have a 1200 cubic inch 5000 HP V8 running on nitro in your Intrepid.

:Q

Goddamn! Can you appeal those decisions? That's fvcked up.

 

[MercenaryForHire]

Originally posted by: Orsorum

Originally posted by: Evadman
I got a ticket for taking a right hand turn from a 2 lane street onto a 4 lane street at 71 MPH in my GMC Jimmy s-15, when I actually stopped at the stop sign. An F1 Open Wheel couldn't have taken it at 71, let alone a tip over at 20mph Jimmy. I fought it and lost. According to the judge (and this is as close to the real quote I can remember), "Physics are not a limiting factor in taking turns at high speeds".

Besides, you could have a 1200 cubic inch 5000 HP V8 running on nitro in your Intrepid.

:Q

Goddamn! Can you appeal those decisions? That's fvcked up.

I'd have to give some serious thought to siding with the "Fvck Da Po-Lice" crowd if something like that ever happened to me.

- M4H

 

[stonecold3169]

Originally posted by: MercenaryForHire
Firstly, I swear I've seen this thread before.


And secondly, how the hell is an Intrepid going to get up to 46mph, then back down to 0 in that little distance?
x2

- M4H

Exactly, this is my main point in this... I mean, I can chalk where this all happened tommorow morning, my roommate drove by and saw this and can verify where I was for my records anyways. I doubt I ever broke 20-25mph in this time frame

 

[slydecix]

I have a sudden urge to watch My Cousin Vinny.

 

[Orsorum]

Originally posted by: MercenaryForHire

Originally posted by: Orsorum

Originally posted by: Evadman
I got a ticket for taking a right hand turn from a 2 lane street onto a 4 lane street at 71 MPH in my GMC Jimmy s-15, when I actually stopped at the stop sign. An F1 Open Wheel couldn't have taken it at 71, let alone a tip over at 20mph Jimmy. I fought it and lost. According to the judge (and this is as close to the real quote I can remember), "Physics are not a limiting factor in taking turns at high speeds".

Besides, you could have a 1200 cubic inch 5000 HP V8 running on nitro in your Intrepid.

:Q

Goddamn! Can you appeal those decisions? That's fvcked up.

I'd have to give some serious thought to siding with the "Fvck Da Po-Lice" crowd if something like that ever happened to me.

- M4H

Agreed.

 

[Sahakiel]

Originally posted by: Orsorum

Originally posted by: Evadman
I got a ticket for taking a right hand turn from a 2 lane street onto a 4 lane street at 71 MPH in my GMC Jimmy s-15, when I actually stopped at the stop sign. An F1 Open Wheel couldn't have taken it at 71, let alone a tip over at 20mph Jimmy. I fought it and lost. According to the judge (and this is as close to the real quote I can remember), "Physics are not a limiting factor in taking turns at high speeds".

Besides, you could have a 1200 cubic inch 5000 HP V8 running on nitro in your Intrepid.

:Q

Goddamn! Can you appeal those decisions? That's fvcked up.

Should've called in an expert witness...

 

[Evadman]

Originally posted by: Orsorum

Originally posted by: MercenaryForHire

Originally posted by: Orsorum

Originally posted by: Evadman
I got a ticket for taking a right hand turn from a 2 lane street onto a 4 lane street at 71 MPH in my GMC Jimmy s-15, when I actually stopped at the stop sign. An F1 Open Wheel couldn't have taken it at 71, let alone a tip over at 20mph Jimmy. I fought it and lost. According to the judge (and this is as close to the real quote I can remember), "Physics are not a limiting factor in taking turns at high speeds".
Besides, you could have a 1200 cubic inch 5000 HP V8 running on nitro in your Intrepid.

:Q
Goddamn! Can you appeal those decisions? That's fvcked up.

I'd have to give some serious thought to siding with the "Fvck Da Po-Lice" crowd if something like that ever happened to me.
- M4H

Agreed.

I didn't (and still dont) think you can appeal traffic court decisions in IL. I was pissed off for a while, but about 4 years ago the cop who wrote it was fired for undisclosed reasons, so I felt avenged. One bad apple does not spoil the bunch.

 

[paulney]

Then, from here it gets weirder. I asked the cop not once, but twice (politely, I might add) if I could please see his radar gun to verify this, as in my 5 years of driving I've never gotten a ticket, and whenever I've actually BEEN pulled over for speeding I've admitted to it and it's never been by more then 7 mph, and that was on the highway. He refused me both times, saying I didn't have the right to that. The officer was polite the whole time, and it was a rather docile stop. Oh, the cop also verified that it was 46mph as I crossed the entranceway to the lot he had radar set up in.

Any advice?

Don't know about New York, but unfortunately, in California, officer does NOT have to show you radar reading. You do not have a right to see the reading, and it's cop's word against yours. You could try to use all the book tricks on "how the radar was not calibrated", but you need to understand profoundly what you are talking about, otherwise you'll just angst the judge.

However, in your situation it is worth fighting the ticket. Take photos, measure the distance, collect as much evidence before you go to court. Show the judge you are a bona-fide citizen who did his homework before standing in front of the judge. Judges in traffic courts are quite reasonable here.

 

[Yossarian]

can you prove you where were you say you where tho? i doubt it.

 

[Demon-Xanth]

Heh, a friend of mine got a ticket for doing 85MPH up a 10% grade in a 3 cylinder Geo Metro. The entire class in traffic school laughed when he said what he got a ticket for.

 

[Demon-Xanth]

Basically in traffic court the summary is this:
You're guilty until proven innocent.
You can't prove yourself innocent since it's your word against his.
Evidence doesn't help (a C&D editor found this one out when he got an impossible ticket)
Somehow, traffic court isn't criminal court when it comes to your rights.

The only way I've ever heard of anyone getting off any ticket is on technicalities.

 

[stonecold3169]

Alright, next question... if I fill out an NYS ticket reduction form, I'm almost promised to receive a reduction to a non-moving violation, and then pay the fine of the original ticket. Would I be better off that way, or trying to bargain with the judge? I'm a polite and pursuasive guy, I could probably reason him down a bit

 

[spanky]

Originally posted by: stonecold3169
Alright, next question... if I fill out an NYS ticket reduction form, I'm almost promised to receive a reduction to a non-moving violation, and then pay the fine of the original ticket. Would I be better off that way, or trying to bargain with the judge? I'm a polite and pursuasive guy, I could probably reason him down a bit

wouldn't u be bargaining with the prosecutor? if u r a persuasive guy... i would try my luck with the prosecutor. of course tho... if the cop is truly an a-hole... he won't agree to jack shiat and u'd still be stuck with the original ticket.

 

[Freejack2]

I take it you don't have a radar detector?

I don't know if this will do any good (anybody know?) but can you find out what radar unit he was using. Supposedly the MPH Bee III has a POP mode that is supposed to get your speed so fast that a detector never picks it up. The argument has been just how accurate this POP mode really is. If he is using this gun and popped you he obviously didn't verify his results.

It's probably a moot point anyways as it's your word against his. Pictures of the lot and whatnot may be your best bet.

 

[TwiceOver]

Be prepared to tack on another $25 - $50 for court fines if you lose. Don't fight unless you know for sure you can win. And bring a lier.... erm lawyer....

 

[VTBigBear]

prepare.... im sure you'll be able to win.... gl