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#1
05-20-2006, 03:23 AM
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I got a speeding ticket. Need advice.
So tonight I'm leaving my hope to go see a movie and just before my residential rode gets to Main Street there was a cop on foot standing outside his car. The speed limit was 25 and I have no idea how fast I was going. I usually go anywhere from 30-40 through this area as it is right along two aparment buildings. This is 10:30 at night.
The cop shines his flashlight at me and starts yelling, I pull past him a bit and roll down my window and he starts yelling some more. I pull into the parking lot and he comes out and does the license and registration bullcrap. He was a real ass at this point in time for some reason. I grabbed my bank card from my wallet by accident instead of my ID since I keep the bank card behind the ID and he said in a very huffy voice "I don't want your bank card, SON." Whatever. A few minutes later he comes back and gives me a ticket. He said he 'estimated' my speed at 40 MPH but did me a favor by just writing me up for 'Excessive Speeding.' He said the ticket would be halfprice and it would be kept off my insurance. So my questions are this: What is my best way to get out of this ticket as obviously it doesn't seem like him 'estimating' my speed would stand up in court. Should I go to court and argue it? Should I hire a lawyer to do it for me? Although if the ticket really is halfprice and definitely won't go on my insurance I really don't care to pay 60 bucks to not have to mess with it. So is this an option? Why the hell are cops such dicks when they pull people over? I'm a decent looking 23 year old and I drive a nice car and had my good looking girlfriend with me. Why does he have to treat me like I'm a drug dealer just because I was going a few miles over the speed limit? Man I hate cockalorum cops. 
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#2
05-20-2006, 03:41 AM
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Re: I got a speeding ticket. Need advice.
What state is this in? I really dont understand how it doesnt go on your insurance, but thats probably cause Im in California and just about everything goes on it unless you go to traffic school. Anyway based on what you said he didnt write you up for 40 in a 25, just the "excessive speeding" thing you talked about. Based on what he said, it being a cheap ticket and it not going on your insurance, you should just pay it and get it over with, cause youd be wasting your time going to court. If the ticket ends up being expensive you should go to court to at least get it reduced.
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#3
05-20-2006, 03:41 AM
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Re: I got a speeding ticket. Need advice.
[ QUOTE ]
What is my best way to get out of this ticket as obviously it doesn't seem like him 'estimating' my speed would stand up in court. Should I go to court and argue it? Should I hire a lawyer to do it for me? [/ QUOTE ] Find a ticket lawyer in your area, pay $70. He'll go to court for you. You'll get a bill for some court costs, but no insurance hike and no points. You don't even have to show up in court. I've done this twice. [ QUOTE ] Although if the ticket really is halfprice and definitely won't go on my insurance I really don't care to pay 60 bucks to not have to mess with it. So is this an option? [/ QUOTE ] Driving 15 miles per hour over the speed limit and it won't go on your insurance? The cop is a liar. [ QUOTE ] Why the hell are cops such dicks when they pull people over? I'm a decent looking 23 year old and I drive a nice car [/ QUOTE ] [ QUOTE ] Why does he have to treat me like I'm a drug dealer just because I was going a few miles over the speed limit? [/ QUOTE ] He most likely became a cop because he wanted to put criminals behinds bars and make his city a better place to live. They didn't tell him he'd be spending 90% of his day harassing the people he's supposed to be protecting until after he went through the whole process... so he's kinda bitter now.
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#4
05-20-2006, 03:41 AM
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Re: I got a speeding ticket. Need advice.
[ QUOTE ]
What is my best way to get out of this ticket as obviously it doesn't seem like him 'estimating' my speed would stand up in court. Should I go to court and argue it? Should I hire a lawyer to do it for me? [/ QUOTE ] Go to court only if the time and hassle is worth it for you. Hint: it's not. Good luck finding a lawyer to do anything for under 100/hr. [ QUOTE ] Although if the ticket really is halfprice and definitely won't go on my insurance I really don't care to pay 60 bucks to not have to mess with it. So is this an option? [/ QUOTE ] Just pay the damn ticket. It sucks, I know. I've gotten two parking tickets for $150 each for violating parking regs I didn't know existed. I fought the first one and lost; just paid the second one without a fight because I knew I had no chance. [ QUOTE ] Why the hell are cops such dicks when they pull people over? [/ QUOTE ] Power trip. You think got on the force to be giving tickets? He wants to be solving homicides or wiretapping drug dealers. He's stuck doing this either until he gets more experience, or if he sucks at being a cop, the rest of his life. So he takes it out on you.
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#5
05-20-2006, 03:46 AM
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Re: I got a speeding ticket. Need advice.
btw, the only ticket ive gotten that was worth going to court over was one where i got dicked in a school zone for 40 in a 25, and it was like 380 bucks. They reduced it too like 120 which was ok but I still had to go through all the hassle. This is before I discovered poker though so dont waste your time unless its an amount you really think is overblown.
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#6
05-20-2006, 03:48 AM
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Re: I got a speeding ticket. Need advice.
Show up in court. Try to get a plea-bargain from the prosecutor. If that doesn't work, just pay it. For doing 40 in a 25, 0 points + $60 would be a GIFT in my state (NJ).
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#7
05-20-2006, 03:51 AM
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Re: I got a speeding ticket. Need advice.
Call the court clerk a day before your appearance and tell them that you can't make it for whatever reason you can think up and ask for an adjournment. If you can talk them into it try to do it for your next scheduled appearance. There is a good chance the cop won't show up and the case will have to be dismissed.
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#9
05-20-2006, 05:09 AM
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Re: I got a speeding ticket. Need advice.
[ QUOTE ]
Although if the ticket really is halfprice and definitely won't go on my insurance I really don't care to pay 60 bucks to not have to mess with it. So is this an option? [/ QUOTE ] Never really heard of this kind of ticket, but if it's true, just pay the stupid ticket. It could cost you at least that much just to fight it. More if you hire a lawyer. If it would go on your record, then that's another story. Then I'd consider a lawyer. b
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#10
05-20-2006, 06:25 AM
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Re: I got a speeding ticket. Need advice.
[ QUOTE ]
do a search there are like 25 million threads in OOT on this [/ QUOTE ] That's my usual answer as well. But this case (officer estimates speed, instead of measures with radar or laser) is unique enough to merit its own thread. Cops are trained to estimate the speed of approaching cars, within 5 mph. Courts have taken "judicial notice" of this. That means that he doesn't need to prove that he has this ability--the court assumes it. Estimating alone is not sufficient to get a conviction in most speeding trials. If you're charged with doing 42 in a 25 zone, they need to PROVE 42. Not "about 42", not "over 40". If you're charged with doing 42, they need to provide proof (such as a radar reading) that you doing exactly 42. Look what happens here. By not charging you with going a certain speed, he doesn't have to prove that you were going that speed. If his burden of proof is "over 40", and he testifies that you were going at least that fast, you lose. So he didn't do you any favor. He did himself a favor, by changing the charge to something he can prove. You can't win.
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