View Full Version : Speeding ticket
Punksux 01-06-2007, 10:37 PM So last night I recieved a speeding ticket (45 in a 30). I realized that he had put the wrong street where I was clocked at. Is there a possibility i would be able to get this thrown out?
EDIT: The street that he put on the ticket was the street when he finally caught up to me.
lone_wolf025 01-06-2007, 10:38 PM Depends. If the street he put on the ticket has a higher limit you might be able to get out of it, but I doubt you got much chance otherwise.
Punksux 01-06-2007, 10:41 PM Hmmm, thats a good point. Unfortunately I think that same street is 30mph too.
Tanaka826 01-06-2007, 10:59 PM the possibilties of winning a speeding ticket is very low. did the cop specify that he used his gun? radar? laser? if he didnt the chances of you winning is 100% (check your ticket) well the other way you can try to get out is...go to ticketassassin.com and learn how to write an written declaration. good luck!
Tanaka826 01-06-2007, 11:03 PM oh ya.. the chances of you winning is higher when you send in a written declaration. and you dont have to waste your time at court.
Punksux 01-06-2007, 11:20 PM the possibilties of winning a speeding ticket is very low. did the cop specify that he used his gun? radar? laser? if he didnt the chances of you winning is 100% (check your ticket) well the other way you can try to get out is...go to ticketassassin.com and learn how to write an written declaration. good luck!
I believe that it said laser, I will check the ticket tomorrow. But the suprising thing is he when he gave me my ticket, he also handed me a deposition (i believe thats the spelling). If I plead not guilty that the court will already have a deposition along with the ticket.
I believe the first court date is to just plead guilty or not guilty and then a second court date for the actual sentencing.
enforcer 01-06-2007, 11:37 PM If you had doubts you were speeding you might have a case... but you don't.
They can cancel your current ticket but will just re-issue you with a new one with correct details on it.
The bottom line....save yourself the stress and the heartache...cop it sweet... :icon_bs:
05TiGr8Lady 01-07-2007, 01:21 AM the possibilties of winning a speeding ticket is very low. did the cop specify that he used his gun? radar? laser? if he didnt the chances of you winning is 100% (check your ticket) well the other way you can try to get out is...go to ticketassassin.com and learn how to write an written declaration. good luck!
:( I coulda used this info a few days ago... I got a speeding ticket coming back from Canada (80 in a 70) last week. I had mitigating circumstances (it took 3 hours to get across the border...long story...) and could have asked for a mitigation hearing, but the court is just too far away so I decided to just eat it ($91). I don't know what you mean by a written declaration, so I'll go look at that site. I did write a letter and included it, but I doubt it will make a difference. It wouldn't bother me that much, but I had an awesome driving record until now. Arrrgh... choices and consequences.... :(
lone_wolf025 01-07-2007, 01:27 AM A lot of times you can just plead guilty pay a little extra behave for 6 months and it'll be wiped off. That's what I was able to do with my last ticket at least. Though a lot of times if you can go to court chances are you can make a deal and get less penalities than from just pleading guilty.
FYI to all Illinois residents Now the STATE has to PROVE that there were workers in a construction zone if they ticket you in one.
dupa12345 01-07-2007, 01:40 AM yeah on i88 they had group pull offs .. they would clock one car leading a pack and ticket the 10-20 behind it .. $375 each .. talk about a fu*^%ing scam
Phantom Menace 01-07-2007, 03:09 AM http://www.beatmyspeedingticket.com/
http://criminal.lawyers.com/traffic-violations/Defending-A-Speeding-Ticket.html
http://www.beattraffictickets.com/
http://www.lifehacker.com/software/cars/how-to-beat-a-speeding-ticket-or-at-least-better-your-chances-208611.php
http://traffic-ticket.xaffix.com/?s=g&c=Traffic-Ticket-4&k=how%20to%20beat%20a%20ticket&t=s&a=528515194&h=how%20to%20beat%20a%20ticket+how%20to%20beat%20a %20ticket+how%20to%20beat%20a%20ticket
Good luck and I hope you find a way...
Tanaka826 01-07-2007, 03:43 AM yeah on i88 they had group pull offs .. they would clock one car leading a pack and ticket the 10-20 behind it .. $375 each .. talk about a fu*^%ing scam
damn that sucks... :cussing:
rddragoness 01-07-2007, 04:55 PM Getting the ticket does suck.....but hey look at it this way. Things happen for a reason.
A few years back, I got a speeding ticket 93 in a 70( just under the reckless driving statute
in AL). I was going with the majority of the flow of traffic, and driving a BMW 325I. As I sat on the side of the interstate, cursing to myself, as I signed the ticket, the cop got a radio call about an accident just up ahead in the direction that I was going, involving 2 18 wheelers and a small car. The two 18 wheelers collided, and jackknifed...and the car was pinned the middle of it...It COULD have been me.....That was one ticket, that I paid gladly, and I have slowed down since.
Unfortunately there was no where to turn around before I too came upon that site, and although I never got the details of loss of life or what caused it,......the car was crushed, like going through an actual crusher....turned over on its side between these two trucks..all I could see were wheels and glass, but what was left of this car, looked like the top off of a soup can wedged between these trucks...seriously....Pay the ticket, be grateful, and slow down..
I am assuming you were in a neighborhood...or close too one. Be grateful there were no children or pets around. YOu would have never given a second thought as to whether or not you "could" get out of this on a technicality had there been, and you hit them. Did you know that most crash test done on vehicles are done at 40 miles per hour..you've seen what they can do to a crash dummy, inside a car. IMagine what could happen without any protection.....( getting off my soap box now)......;)
RedSheDevil 01-07-2007, 05:02 PM I believe that it said laser, I will check the ticket tomorrow. But the suprising thing is he when he gave me my ticket, he also handed me a deposition (i believe thats the spelling). If I plead not guilty that the court will already have a deposition along with the ticket.
I believe the first court date is to just plead guilty or not guilty and then a second court date for the actual sentencing.
court is different in each state: in illinois you can plead guilty and take the "dummy school" aka driving school ONLINE!!! in wisconsin (where i got nailed) it was a $500 ticket that i got reduced by going to court and telling them that i was sorry and i would do community service (or some other BS). the judge yelled at me (cuz i was caught triple digits) but he lowered the fine to $260 and i had to pay an additional $75 to unsuspend my license (auto-suspension for tickets 40+ over the speed limit).
illinois court does the guilty/not guilty and sentencing in the same day (all not guilty's have to get back in line and wait until everyone is called then they go through sentencing)
i_luv_my_rx8 01-07-2007, 05:29 PM Getting the ticket does suck.....but hey look at it this way. Things happen for a reason.
A few years back, I got a speeding ticket 93 in a 70( just under the reckless driving statute
in AL). I was going with the majority of the flow of traffic, and driving a BMW 325I. As I sat on the side of the interstate, cursing to myself, as I signed the ticket, the cop got a radio call about an accident just up ahead in the direction that I was going, involving 2 18 wheelers and a small car. The two 18 wheelers collided, and jackknifed...and the car was pinned the middle of it...It COULD have been me.....That was one ticket, that I paid gladly, and I have slowed down since.
Unfortunately there was no where to turn around before I too came upon that site, and although I never got the details of loss of life or what caused it,......the car was crushed, like going through an actual crusher....turned over on its side between these two trucks..all I could see were wheels and glass, but what was left of this car, looked like the top off of a soup can wedged between these trucks...seriously....Pay the ticket, be grateful, and slow down..
I am assuming you were in a neighborhood...or close too one. Be grateful there were no children or pets around. YOu would have never given a second thought as to whether or not you "could" get out of this on a technicality had there been, and you hit them. Did you know that most crash test done on vehicles are done at 40 miles per hour..you've seen what they can do to a crash dummy, inside a car. IMagine what could happen without any protection.....( getting off my soap box now)......;)
Ditto!!!
I can't help but laugh at the people that weave in and out of traffic changing from a slow lane to a faster lane... and all that happens is they get ahead by like ONE car. It's damn retarded.
Winfree 01-07-2007, 06:22 PM You were 15 over which is just over the limit -
Double check the area - make sure that wasn't a school zone
Did your officer have to give chase or why were you on another street -
Were there any other errors?
Error alone won't help...unless there is enough to create a reasonable doubt
Unless you have a lot of these, or problems with insurance points - it may be cheaper to just pay this one - court fees can be higher than the original fine and if you have to go to traffic school you may have to pay for that as well...
Punksux 01-07-2007, 06:30 PM I am assuming you were in a neighborhood...or close too one. Be grateful there were no children or pets around. YOu would have never given a second thought as to whether or not you "could" get out of this on a technicality had there been, and you hit them. Did you know that most crash test done on vehicles are done at 40 miles per hour..you've seen what they can do to a crash dummy, inside a car. IMagine what could happen without any protection.....( getting off my soap box now)......;)
Yes I am grateful for that, believe me. But I figured I asked about the technicality part since i have heard people getting off for wrong description written on a ticket.
Punksux 01-07-2007, 06:33 PM A lot of times you can just plead guilty pay a little extra behave for 6 months and it'll be wiped off. That's what I was able to do with my last ticket at least. Though a lot of times if you can go to court chances are you can make a deal and get less penalities than from just pleading guilty.
FYI to all Illinois residents Now the STATE has to PROVE that there were workers in a construction zone if they ticket you in one.
I do not mind the fine, its the whole insurance thing that is more of a concern and how it will be effected. I do on planning to go to court and figure could bring down to doing under 10 mph, which is a total bracket of points on your license.
Winfree 01-07-2007, 06:41 PM You might try and find out (via a lawyer) the last time the gun or whatever was standardized - if it is too far out of test date you could argue that it wasn't functioning correctly.
If you were passing some one, or if you sped up to avoid a hazard - that could be used - I fear if you use the argument I was speeding on B Street but he wrote down D street and D street has the same laws you could be in trouble...
How far from your speeding area was there a sign that permitted your speed - if you are close to it that might help - or if the sign was hidden - I have a bad feeling about this - I bet people go fast in that spot and that was why the police trap was waiting - or did you pass your officer and he got you at you went by? Were you on a hill? Was it day or night?
Punksux 01-07-2007, 06:42 PM You were 15 over which is just over the limit -
Double check the area - make sure that wasn't a school zone
Did your officer have to give chase or why were you on another street -
Were there any other errors?
Error alone won't help...unless there is enough to create a resonable doubt
Unless you have a lot of these, or problems with insurance points - it may be cheaper to just pay this one - court fees can be higher than the original fine and if you have to go to traffic school you may have to pay for that as well...
When I passed the police officer he was in a small park with his lots off next to some trees. The street itself was not very well lit and he had his car off from what it seems. It look like none of the interior lights where even on. As I passed him i wondered if anyone was even in the car. 50 yards up ahead I took a turn onto another street and he finally caught up to me later on.
The fact that I was ticketed on a friday night at 2 am probably did not help either. I explained to him that I just got out of my office from writing my thesis but it looked like he just didn't care. (which is the truth by the way)
On the ticket itself, the only error is the street name. Everything else looked pretty legit. I am still confused to the fact that not only he gave me a ticket but he also already handed me the deposition which states the radar he was using, id #, and so on.
Oh and by the way the first comment he gave to me was, "just because you have a nice car doesn't mean you can be speeding through these neighborhoods". I did get a little chuckle out of that one.
Punksux 01-07-2007, 06:45 PM You might try and find out (via a lawyer) the last time the gun or whatever was standardized - if it is too far out of test date you could argue that it wasn't functioning correctly.
If you were passing some one, or if you sped up to avoid a hazard - that could be used - I fear if you use the argument I was speeding on B Street but he wrote down D street and D street has the same laws you could be in trouble...
How far from your speeding area was there a sign that permitted your speed - if you are close to it that might help - or if the sign was hidden - I have a bad feeling about this - I bet people go fast in that spot and that was why the police trap was waiting - or did you pass your officer and he got you at you went by? Were you on a hill? Was it day or night?
I would have to go back to see where the signs are but I am pretty sure its said 30mph without a problem. It did look like he was just sitting there just waiting for a poor sucker to blow right by.
Clavius 01-07-2007, 07:11 PM I am assuming you dont have a radar detector. Myself I dont speed in town at all save for a quick 10mph over the speed limit burst down the main street which are well lit and after 8pm are like a ghost town. I have a radar detector just to cover my rear at times.
I'd look into local laws to see if he had to be visible, atleast in MA most of the police cars I've seen set up for speed trapping have had either their lights on, interiors on, or just a officer outside standing with a gun. From what you described in your first post almost sounds like the officer was off duty and decided to bust your balls cause he was bored or who knows.
Cool-Blue-Dad 01-07-2007, 11:45 PM in wisconsin (where i got nailed) it was a $500 ticket that i got reduced by going to court and telling them that i was sorry and i would do community service (or some other BS). the judge yelled at me (cuz i was caught triple digits) but he lowered the fine to $260 and i had to pay an additional $75 to unsuspend my license (auto-suspension for tickets 40+ over the speed limit).I remember when that happened - you posted details here. Didn't the judge actually put his head in his hands after hearing your story. >100mph - RedSheDEVIL indeed. ;)
I am assuming you dont have a radar detector. Myself I dont speed in town at all save for a quick 10mph over the speed limit burst down the main street which are well lit and after 8pm are like a ghost town. I have a radar detector just to cover my rear at times.Based on the other particulars, I doubt a radar detector would have helped. When the roads are nearly empty the officer will almost always have the gun in stand-by mode so there are not enough emission to detect. When you get close enough for a quick, solid lock they're throw the thing to full-on and lock in your speed at the same time your radar detector explodes with noise and makes you swerve and pee yourself and you frantically try to brake, shut off the damn noise and swivel your head around to try to spot the stealthed car. Yeah, late at night I'm sure they chuckle as the headlights get closer and closer while they bide their time. It's not like trolling rush hour looking for the one guy faster than all the rest.
When I passed the police officer he was in a small park with his lots off next to some trees. The street itself was not very well lit and he had his car off from what it seems. It look like none of the interior lights where even on. As I passed him i wondered if anyone was even in the car. 50 yards up ahead I took a turn onto another street and he finally caught up to me later on.
The fact that I was ticketed on a friday night at 2 am probably did not help either. I explained to him that I just got out of my office from writing my thesis but it looked like he just didn't care. (which is the truth by the way)
On the ticket itself, the only error is the street name. Everything else looked pretty legit. I am still confused to the fact that not only he gave me a ticket but he also already handed me the deposition which states the radar he was using, id #, and so on.
Oh and by the way the first comment he gave to me was, "just because you have a nice car doesn't mean you can be speeding through these neighborhoods". I did get a little chuckle out of that one.Based on this I think you are so completely boned. The only thing I can imagine is his location - you say there were trees there - any obstructions that you might argue? Something that might give reflections and cause his radar to read inaccurately?
Aside from that, I'm sure his deposition will show he used a radar gun which was calibrated, current, legal, under warrenty, etc, etc.
You might also try checking with your auto insurance policy. There might be no penalty to your rates for one ticket like this (I believe that's the case for my policy).
RedSheDevil 01-08-2007, 09:30 AM I remember when that happened - you posted details here. Didn't the judge actually put his head in his hands after hearing your story. >100mph - RedSheDEVIL indeed. ;)
yea yea yea ... i know. ive always had the mindset of: if you speed, youre accepting the risk of getting caught. if you WERE speeding, why fight it?
btw, my insurance did not go up (yet?) so im still crossing my fingers :fingersx:
Punksux 01-08-2007, 11:24 AM Based on this I think you are so completely boned. The only thing I can imagine is his location - you say there were trees there - any obstructions that you might argue? Something that might give reflections and cause his radar to read inaccurately?
Aside from that, I'm sure his deposition will show he used a radar gun which was calibrated, current, legal, under warrenty, etc, etc.
You might also try checking with your auto insurance policy. There might be no penalty to your rates for one ticket like this (I believe that's the case for my policy).
From what i remember he did not have anything in front just behind him with trees blocking any possible light to reflect off his car. It wasnt until I came around a small bend when my headlights where right on him I realized that there was a cop there. It was honestly a really good spot he had, give him points for that.
And im sure he probably has the radar on spec, probably the reason why he was so willing to give me that deposition so quickly.
I should call and ask my insurance about this. I believe I do have another ticket on there that may still be affected, but not really sure.
Do you know if there any repercussion for talking with your insurance company about this? Meaning that they wouldnt flag your record for a violation offense. Or should I just let it be and let them find out for themselves?
Punksux 01-08-2007, 11:31 AM yea yea yea ... i know. ive always had the mindset of: if you speed, youre accepting the risk of getting caught. if you WERE speeding, why fight it?
:fingersx:
My intention was not really to fight the ticket to try to convince them that i was not speeding. I have not denied the fact that I was speeding. The question that i had in mind was if I had a chance to get the ticket thrown out for not properly putting the correct street where the offense happened?
I guess here is another example, which may be totally off but any here goes. If someone goes and robs a convenient store on the corner and did not happen to not get caught until he got into some pizzeria, he should be arrested for the offense occurring at the convenient store and not at the pizzeria.
I know this is a hypothetical statement but maybe someone may understand what i mean. Or maybe I have no clue what the heck im talking about. :scratchhe
Either case the game plan is just to go in, not lie, and hope i may be able to reduce the ticket.
RedSheDevil 01-08-2007, 11:41 AM My intention was not really to fight the ticket and erase it from my record. I have not denied the fact that I was speeding. The question that i had in mind was if I had a chance to get the ticket thrown out for not properly putting the correct street where the offense happened?
I guess here is another example, which may be totally off but if someone goes and robs a convenient store on the corner and did not happen to get caught until he got into some pizzeria, he should be arrested for the offense occurring at the convenient store and not at the pizzeria.
I know this is a hypothetical statement but maybe someone may understand what i mean. Or maybe I have no clue what the heck im talking about.
Either case the game plan is just to go in, not lie, and hope i may be able to reduce the ticket.
yea i understand what you're getting at ... i think the chances of you getting out of it because he recorded the wrong street are really small. the hardest thing about going to court, is that you have to plead guilty/not guilty BEFORE you know whether it makes a difference or not.
fwiw: when i was in court fighting two tickets i did not deserve (one for tint -- which i dont have, one for parking -- which i was given permission) i heard all of the cases before me and how they ended up. it seemed most of the leniency was given when the person pleaded guilty and asked for leniency. when i tried to fight the tint ticket, i was actually instructed to bring in a "window expert" before anything would be discussed. ended up i had to plead guilty to the parking ticket to get the tint ticket vacated.
my .02: go in, plead guilty but ask for leniency. just say "i am sorry i was speeding. i should not have done that and i have learned my lesson. i am concerned that this will affect my insurance so i am hoping the court will take mercy on me and help me to have this not reported." you'll prob have to pay ticket/court costs but it might get you out of any insurance ramifications.
you can also try to talk to the DA before the court starts and see if he will plea bargain with you. thats how i got my deal done ... good luck to ya!!!!
Feras 01-08-2007, 11:59 AM it is possible that the cop didnt know the name of the street he tagged ya and just put the street that he caught ya at. Were you speeding on the street he did catch ya on, it is possible he tailed ya then hit ya again with the laser from behind. need more info.
Punksux 01-08-2007, 12:14 PM my .02: go in, plead guilty but ask for leniency. just say "i am sorry i was speeding. i should not have done that and i have learned my lesson. i am concerned that this will affect my insurance so i am hoping the court will take mercy on me and help me to have this not reported." you'll prob have to pay ticket/court costs but it might get you out of any insurance ramifications.
you can also try to talk to the DA before the court starts and see if he will plea bargain with you. thats how i got my deal done ... good luck to ya!!!!
Thats sort of the game plan that I am will to go with. If i am able to atleast get into a different bracket of speed I would be content. I know a while back, I got a speeding ticket on the thru-way. State trooper got me at 81 in a 65. The DA must a been in a good mood because we went into a back room he looked at my record and then said that since my record is clean will give you a parking on pavement, which was great.
But i know what you mean about the guilty and not guilty. The thing is I have to court dates from what the cop said. The first is my plead, and then the second date will be the actually court date involving fines and what ever else. But I fear that if I plead guilty the first day, then they will pretty much just say thanks for your plead now go pay the clerk. Oh well I guess I will have to see.
Punksux 01-08-2007, 12:18 PM it is possible that the cop didnt know the name of the street he tagged ya and just put the street that he caught ya at. Were you speeding on the street he did catch ya on, it is possible he tailed ya then hit ya again with the laser from behind. need more info.
The street where i thought he got me with the radar I was speeding around the speed he stated. I did not even get a chance to break the car at all. I looked in my back mirror to see if he would follow and did not see him pull out. I made a turn on the next street, at which point i thought to myself that i should just cruise at 30mph just in case. Eventually I saw the headlight of a car behind me and then the lights went on. At which point i know i knew he got me.
rddragoness 01-08-2007, 12:29 PM Punx,
IN the future, now you know where this cop sits. When you enter that area do this. Drop down to 1 mile below the posted speed limit, and set your cruise...I do that in a particular area where someone managed to talk the local yocals into getting them a Dodge Charger as a police cruiser! NOT a chance I could get out of it, even three or four miles over, because this guy has a big head and has pulled over friends.. SO, I DARE HIM....I drive a Copper Red 8, not too many of them out there, so he knows my car very well. But as I said before, pay it, and I agree ask for leniency. If you go into that courtroom full of yourself thinking you can argue your way out of a ticket, where you were clearly in the wrong, whether it be on the main street or where you were caught, you are asking for future trouble. Especially since you take that path home, and because he recognised the car as being nice, and there probably arent that many in your neighborhood right?.
alnielsen 01-08-2007, 01:25 PM Thats sort of the game plan that I am will to go with. If i am able to atleast get into a different bracket of speed I would be content. I know a while back, I got a speeding ticket on the thru-way. State trooper got me at 81 in a 65. The DA must a been in a good mood because we went into a back room he looked at my record and then said that since my record is clean will give you a parking on pavement, which was great.
But i know what you mean about the guilty and not guilty. The thing is I have to court dates from what the cop said. The first is my plead, and then the second date will be the actually court date involving fines and what ever else. But I fear that if I plead guilty the first day, then they will pretty much just say thanks for your plead now go pay the clerk. Oh well I guess I will have to see.Like RSD said, talk to the DA (of that jurisdiction) before you go to any of the court dates. You may be able to negotiate a lower fine. Once you go to court, all bets are off and you are at the mercy of the judge.
Cattywampus 01-08-2007, 02:53 PM the possibilties of winning a speeding ticket is very low. did the cop specify that he used his gun? radar? laser? if he didnt the chances of you winning is 100% (check your ticket) well the other way you can try to get out is...go to ticketassassin.com and learn how to write an written declaration. good luck!
Chances are still slim. The cop will get his say in court. He can say then wheter he used a laser or not. Either way a judge will not totally throw out a speeding ticket. They may reduce the fine to "faliure to obey a traffic control device" but not throw it out.
Pilgrim 01-08-2007, 11:35 PM So last night I recieved a speeding ticket (45 in a 30). I realized that he had put the wrong street where I was clocked at. Is there a possibility i would be able to get this thrown out?
EDIT: The street that he put on the ticket was the street when he finally caught up to me.
I've read all the other responses, and I'm struck by the lack of reference to speed lawyers.
They cost money, but if you want to keep a ticket off your record, they are worth it. There's firm in Seattle that damn near guarantees a dismissal, or at least a reduction to a nonmoving violation assuming you don't have some egregious record of offenses and it's not a DUI. The chief shyster has a license plate bracket on his 911 that says "Speedlaw: A reasonable doubt for a reasonable price".
I've had two tickets completely thrown out because my mouthpiece knew the right things to throw a bullshit flag on.
On one of them, my attorney moved for discovery. He called for everything pertinent to the ticket, including calibration records on the gun, officer training records, ticket history in the zone, tickets written that day, etc. The prosecutor got it all filed, and all it was correct, but it was one day late. The law sez he has two weeks to respond, and fifteen days is one day too long. That one only cost me a hundred to the attorney, who was a small-town, eastern Washington guy.
So if it matters, get professional help.
Pilgrim
Tigerfootball 01-09-2007, 03:39 AM i am in a bind myself now. December 26 on my way back to Anderson from Rock Hill on I-85, me and this Dodge Magnum tailgating me both got pulled. the Trooper told me that he got me going 86 in a 65 and he got the Magnum going 83 in a 65. So, that is 21 mph over the speed limit and 4 points off my license, which will increase insurance in SC. so, i am planning on going to court on the 16, the only other ticket i have ever gotten is a noise violation over 4 years ago. I have been pulled for speeding two other times, but was only given verbal warnings, so no tickets. If i go to court and plead guilty, what would you say my chances of having it reduced to only 2 points off my license or no points? i am willing to pay the $180, but i really can't afford to lose the 4 points.
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