View Full Version : Speeding Ticket Help :P
aussie77 11-08-2003, 06:52 PM Hey everyone. Well, I got the first speeding ticket of my life tonight. Driving to see the Matrix Revolutions, and on this access road that is almost always deserted. The cops had this nice little setup - three motorbike officers. One held the radar gun and yelled out the speeds to the other two cops who just pulled people over left right and center. Three or four cars lined up at a time - basically *everyone* who was driving the road got pulled over.
So anyways, my ticket is for 70 in a 45 zone. It is my first ever speeding ticket, and I am living in Atlanta, GA. Does anyone have some advice on what I can do to reduce this ticket or get out of it altogether?
Thanks in advance!
mikeb 11-08-2003, 06:56 PM If you fight it normally 9 out of 10 lose
In cali if you fight and lose you cant go to traffic school to get point of insurance
I guess 70 in a 45 will cost 250 bucks or 300 with traffic school
aussie77 11-08-2003, 08:00 PM Actually I am beginning to think I am going to fight this one and have a decent chance of winning, thanks to a few things.
1) There were three cops at the trap doing multiple cars and the one that wrote my ticket was NOT the same guy who operated the radar. Unless both of them show up, there is reasonable doubt they might have been mistaken.
2) This was on an access road right beside the highway. Radar returns the fastest thing, and there were cars maybe 20 yards beside me travelling pretty darned fast.
3) Distance vs time. By law the cops are supposed to SEE you violating before they can trap your speed. As it so happens, the stretch of road this occurred on isn't terribly long, so for them to have spotted me visually and taken my speed for 3-5 seconds, I would have been very close to them. Cosine error in the radar detector then adds a good 40% error to the speed reading if I am that close.
Of course, this is just my thoughts from the last hour or two of researching what I can find for info... I really welcome some input from anyone who has challenged a ticket themselves in court and won (even if it was jus officers not showing up)!
No "my aunt's cousin's friend's babysitter did this in court' stories either please!
mikeb 11-08-2003, 08:11 PM personally,
I have never challenged one
good luck
mngpao 11-09-2003, 08:39 AM aussie77:
Before you fight it in court talk with the prosecutor. Let him/her know that you intend to fight the ticket based on your above posted reasons and ask if there are any alternatives to a trial.
Many times the prosecutor will "make you an offer you can't refuse". Technically it's a plea bargain.
I did that when I got a speeding ticket and if I don't get another ticket by the end of this year the prosecutor will either choose not to prosecute or recommend dismissal.
Good luck.
aussie77 11-09-2003, 11:23 AM Thanks for the advice, mngpao. Anyone else? :)
revhappy 11-09-2003, 12:16 PM Originally posted by aussie77
Thanks for the advice, mngpao. Anyone else? :)
I have a court date in a week. I'm going to talk to the prosecutor and see if I can get the points reduced.
jdaled 11-09-2003, 01:54 PM Okay, don't take this as an attack, but I don't gather from your description that you weren't doing exactly what you were caught at... just that you wanna get out of it? Forgive me if I'm wrong, but that's it seems like to me.
Remember, that the prosecutor, the cops, and everyone else involved is very much accustomed to this process and how to handle people who try to fight it. You, who have never had a speeding ticket before, would need a very good lawyer, which is gonna cost ya. So, 70 in a 45 is gonna be a wreckless driving if it sticks. I think your best hope is to ask the prosecutor to drop the charge to speeding (instead of wreckless), if you plead guilty. Then, pay your fines and don't drive 70 in a 45.
Now on the other hand, if indeed you were NOT going 70 in that 45 zone... fight away... but still be prepared to lose, cuz the opposition is going to assume that you're just one of those people who try to fight their way out on some technicality anyways. Courts and cops are friends, sometimes too much so.
I got bit that way, maybe you won't, good luck whatever you choose. :)
8_wannabe 11-09-2003, 03:26 PM Originally posted by jdaled
70 in a 45 is gonna be a wreckless driving if it sticks. I think your best hope is to ask the prosecutor to drop the charge to speeding (instead of wreckless), if you plead guilty. Then, pay your fines and don't drive 70 in a 45.
Indeed, it was wreckless driving which is a good thing for everyone involved. Now, whether or not it was reckless driving remains to be seen. :D
In a more serious vein, did you get there in time to see Matrix 3? I saw it last night (I'm bad; I bought tix to Radio then snuck into Matrix for which all showings were sold out. OOhhh, I so bad!) I thought the movie was good, great battle scenes vs the sentinels in defense of Zion.) Definitely better than Matrix 2 which was trash, though nothing can touch the original Matrix.
DisneyDestroyer 11-09-2003, 03:57 PM If it's your first ticket, just take driving school, a few hundred dollars, and be done with it.
If there were other tickets previously, I'd say fight it - with a decent shot of winning, if you know how to behave like a lawyer (demand proper proof).
And better luck next time!
blizz81 11-09-2003, 05:15 PM He held a "radar gun"? You sure it wasn't a laser gun? Motorcycle cops around here use laser. Laser isn't so easy to fight, depending on the distance between you and them when you were targeted.
Also, one cop operating the gun and another writing tickets has to be the way laser is done 95% of the time, so I don't know where you're going with that.
Best luck would be appealing to your clean record and getting the prosecutor to drop it a bit. Or take traffic school if that's an option in your state.
An8inLAS 11-09-2003, 05:25 PM Let the judge and prosecuter drive your car. When the speed gets up to about 75, and it will, you got 'em. Just a suggestion.
aussie77 11-09-2003, 09:20 PM It was definitely radar - they marked it as radar on the ticket.
Where I am getting at is the cop who wrote the ticket was not the one who actually took my speed using the radar gun. So, if only the cop who actually wrote the ticket shows up, then wouldn't they be lacking the true 'witness' - the one who was supposed to actually take my speed?
8_wannabe 11-09-2003, 09:34 PM Originally posted by aussie77
the cop who wrote the ticket was not the one who actually took my speed using the radar gun. So, if only the cop who actually wrote the ticket shows up, then wouldn't they be lacking the true 'witness' - the one who was supposed to actually take my speed?
Sounds like a good theory to me. Give it a shot in court and let us know how it works. Don't you just need to introduce "reasonable doubt?"
Texagi95 11-09-2003, 10:01 PM Okay, I'm going to share with you the "Get ouy of ticket for Life" fact.
1.) Show up for court, and plea NOT Guilty.
a.) Don't worry, the first court appearance is for PLEA ONLY.
2.) The court will issue a date for the trial. and YES, ALL of the cops that pull you over will be there. You are SCREWED..... (Unless you do what I do below....). The reason that they will be there, is because if they pulled so many people over, chances are that they will 95% planned to be there in court. I have a friend that is a COP and it is 100% true.
DO THIS:
2 weeks before your trial. Go down to the court house and tell them to RESCHEDULE your court date, because you will be out of town on business that date. Show them a letter from your companies letter head stating that your presences is required in let say NAVADA. They will reschedule your court date. Chances are 99% that the cops will NOT be there and the case be dismissed.
This has worked for me 100% of the time, and I have gotten out of 3 tickets this year alone doing this.
hope this helps.
Texagi95
midniteblue 11-09-2003, 10:49 PM here's my perspective....
ask yourself, regardless of what the cops caught you speeding at, were YOU speeding at least over 50 mph?
karma
how about all the other times you were speeding and didnt get caught? i say that if you were speeding, just pay the fine, go to traffic school and just move on. there are better things in this world to fight about than such a petty thing such as a speeding ticket.
however, if you were not speeding, then obviously fight it all the way and i sincerely hope that you win because that would be the fair thing to happen to you.
whatever your course of action, hopefully you wont get another ticket anytime soon...good luck
aussie77 11-10-2003, 09:12 AM The reason I am fighting it is because I was driving at a 'normal' speed for Atlanta. Was it technically over the speed limit? Yes. Do I drive alongside police officers every day that much over the speed limit with people around me going even faster without anyone getting pulled over? Yes.
The police here in Atlanta are not consistent. They largely ignore speeding unless it is *ridiculous*, except those times of the month when they are out hunting revenue. In which case they do what they did on saturday - set up a speed trap designed to hand out the largest number of tickets in the least amount of time.
The road they did it on I have *never* seen an accident on. It is never congested, or dangerous. It is a two lane road with a long stretch, no real entry points, no real exit points and no lights. It almost always has light traffic. This had *nothing* to do with making the roads safer, unless you count the fact that some of the revenue they generated will go towards the police department. But I can drive that same road tomorrow at the same speed, and if there were a police officer driving there he'd ignore me, and the people going faster than me.
Texagi95, since most of the time they try minor traffic offenses like this one on the spot, I was planning to reschedule my initial date. I figure neither officer should show up there, and if it is tried then and there I should be able to just walk away.
I thought the initial date was only for plea in a more serious case?
NineT4 11-10-2003, 11:17 AM I got my first speeding ticket ever, after 9 years of driving in my 1994 Toyota Tercel just over 6 months ago. I was caught on RADAR doing 52 in a 35. Since it was my first ticket I decided to just pay it, take traffic school and be done with it. Well, not more than a month later I got my RX-8, and a couple weeks after having it, I got pulled over doing 80 in a 60. Everyone else around me was doing the same speed, it was the flow of traffic on the freeway. No shortcuts this time, I was either going to have to fight it or take the ding on my record. So, I did a little research on the internet and found this site.
www.ticketassassin.com
All of the information on the site is specific to California Vehicle Codes, but you can take the general idea from it and apply it to your own state. The key is to basically understand your local vehicle codes and use them in your favor. For example, in california you could argue that you were obeying the basic speed law which states that you may not drive any faster than is safe for the current road and conditions. You can then argue that since your vehicle is high performance and designed to operate safely at higher speeds, you were in fact oberying the basic speed law. Is this gaurunteed to get you a victory? No. Is it worth a shot? Yes. Someone mentioned that if you fight a ticket and lose in california, you may not go to traffic school. That is a bunch of crap. Not only could you still request to go to traffic school, but you can fight your whole case through the mail. And if you lose your case through the mail, you can then request a court trial and try your case again. And if you lose your case in court, you can still request a fee reduction and traffic school. I don't know where you people are getting reckless driving from. In california you have to be going over 100MPH for reckless driving.
RADAR: RADAR is probably the easiest ticket to get out of. Especially if there are other cars around. And if there was a highway nearby, you have a good shot at winning. Read www.ticketassassin.com for all the information you need on getting out of RADAR tickets.
For those of you who think; do the crime do the time. Most cities ticket speeders to feed their economy. They don't do it because they are thinking "If I ticket this guy, I will create a safer driving atmosphere for everyone else." Time has proven that tickets do nothing to slow down speeders. Hop on the freeway for 5 minutes if you don't believe me. I gaurantee that guy flying past you had at least 1 speeding ticket.
The only way to keep the system in check, is to challenge it. If you want to roll over and take it in the ass with a smile and a "yes sir", by all means please do so. You might even want to hop on down to your local Marine Corps recruiting office. Personally, I would rather stare back and say "not me, no thank you."
RotaryStalker 11-10-2003, 11:50 AM In Atlanta (and I'm sure in other states) they only reason for speeding that will get your ticket revoked is if you're running for your life.
So if you're not prepared to say you were running for your life then give it up. The judge your up against has heard every excuse in the book... There is no secret defense... no miracle statement.
Your best bet is to avoid the ticket all together when you receive it by "roll over and take it in the ass with a smile and a yes sir". Worked for me a couple of times recently. I still have a safe driver record and 0 points (although it took some time to get there).
RotaryStalker
aussie77 11-10-2003, 11:56 AM NineT4, some of that stuff is very specific to Cali unfortunately. Such as the 'faster than is safe for conditions' thing. As much as it makes sense, unfortunately that is a law that is only in effect in some states, and GA is not one of them :P Their speed limits are hard and fast, although you wouldn't know it when you drive around here.
However since it was a radar gun and right beside a freeway I think I have a pretty decent shot. I have a degree in physics so I should be able to come up with something! More likely though I will contact the prosecutor, explain I plan to fight the ticket, and try and come to a compromise.
Texagi95 11-10-2003, 12:11 PM I don't know how they do things in Atlanta. But in Texas (Houston), since they have so many traffic violations, the first court date is only a plea date, and the cops are never there. The second date is set, as per the officers availability. Therefore if you were to reschedule, chances are very good that the officers will NOT show up and the tickets being dismissed.
Texagi95
tagS60 11-10-2003, 01:46 PM Traffic court is, at best, a mockery of our legal system. In most courts, it is assumed that you are guilty until proven innocent, which is almost impossible. Even if the cop made a glaring error, you will still be convicted. Therefore, I believe you should take every step necessary to get out of a ticket, even one you deserved.
Since this is your first ticket ever, I would contact the prosecutor and see if you can plead it down to a non-moving violation. Many times they will give first time offenders a break. Do you know any lawyers? One of them mioght be able to make a call and get this taken care of pretty quickly. Worst comes to worst, take traffic school.
Tronics 11-10-2003, 02:05 PM Originally posted by aussie77
The reason I am fighting it is because I was driving at a 'normal' speed for Atlanta. Was it technically over the speed limit? Yes. Do I drive alongside police officers every day that much over the speed limit with people around me going even faster without anyone getting pulled over? Yes.
The police here in Atlanta are not consistent. They largely ignore speeding unless it is *ridiculous*, except those times of the month when they are out hunting revenue. In which case they do what they did on saturday - set up a speed trap designed to hand out the largest number of tickets in the least amount of time.
So you're trying to say, a sobriety check point is wrong? It's not fair right? They arnt always there checking, so if you get caught you should get off free. They are trying to catch as many drunk drivers as they can, doing you and I a favor. Face the facts, you were doing 70 in a 45 zone. If you won't take the responsibility for speeding then don't do it.
aussie77 11-10-2003, 05:48 PM No Tronics I am not saying that at all. I am saying if you ignore people you KNOW are driving drunk 99% of the time, to arrest someone for driving drunk the other 1% is wrong. If you can't see the difference then any further discussion with you is pointless. The only reason I am fighting this ticket is because, as I have said before, I could drive that same road at the same speed today, with a cop car beside me and he would do nothing. Just like they ignore people speeding EVERY DAY. The double standard is what pisses me off - it's ok to speed so long as we're not trying to generate revenue today.
8_wannabe 11-10-2003, 06:37 PM Originally posted by aussie77
No Tronics I am not saying that at all. I am saying if you ignore people you KNOW are driving drunk 99% of the time, to arrest someone for driving drunk the other 1% is wrong. If you can't see the difference then any further discussion with you is pointless.
Well then I guess any further discussion is pointless, cuz I don't see it. Yer saying if you can't arrest all the bad guys all of the time, then you shouldn't arrest any of the bad guys any of the time. Anarchy rules!
starstar5 11-10-2003, 06:39 PM Highway speed itself is double standard.
In the state of California, the highest speed limit is 70 (correct me if I am wrong). Yet we all understand that we can go about 5-10mph more above the speed limit and it will be all right. And it IS all right. 15-20mph more? Well, on I-5, who is driving at 70? Beside some crazy folks who would go at 120mph or more, they ARE asking to be arrested. The rest of us, we are all driving at 80-90.
My RX8 .... got pulled over and cited at 85mph. And the saddest fact is, I saw HIM pulling out from a ramp, I knew he was a cop. I set my cruise control, and drove at a very very constant speed. Some ignorants were passing me at higher speed .... in the end the cop pulled behind me on the slow lane and pulled me over.
According to this, do you think we can get a ticket driving 73mph or a 70 zone?
starstar5 11-10-2003, 06:46 PM Originally posted by NineT4
You might even want to hop on down to your local Marine Corps recruiting office. Personally, I would rather stare back and say "not me, no thank you." [/B]
:eek: Hey, what's wrong with being a Marine and what does USMC have anything to do with some jerk-off CHP decides to pull over your RX8 just because he thinks it's cool? Hate those jerk-off CHP, but that cant change the fact that I am a Marine.
But what the heck, they don't even give a Marine a break, who just got back from fighting a war and bought a brand new RX8, and he decided to pull the 8 over and give it a 85mph citation.
NineT4 11-10-2003, 07:21 PM Teufelhunde (starstar5)
Whats up devil dog? You'd figure that since a majority of Hwy Patrol are former leather necks themselves they give us a break huh? CHP that pulled me over had a small USMC sticker on his ticket book. Problem was that by the time I saw it, the ticket was already written and in my hand.
I made that comment because I have been there and done that. Actually managed to have a pretty good time too. I was just letting the peons of the world know that if they like to give in and follow orders, there is an organization out there that would love to have them.
Oh, and BTW
Beside some crazy folks who would go at 120mph or more, they ARE asking to be arrested
I'm not saying it was me, but in one way or another I witnessed a RX-8 racing a Z-28 at speeds nearing 140. And I have a pretty good feeling the person driving that car wasn't ASKING to be arrested. More so, I bet they were asking "how fast can this motherfucker go?"
Gimme a sec to slip on my flame retardant suit. :D
aussie77 11-11-2003, 09:35 AM 8_wannabee, you don't see the double standard in that? I can't wait to see you raise your kids. Sit there and let them eat cookies all they want, but then every once in a while, just for the heck of it, smack them around and say "Don't eat cookies!!!!". Then, the next day, sit there and watch them eat cookies again. What kind of a message does that send?
I'm not going to sit around and be out of pocket $500+ (by the time insurance rates etc is factored in) because the split-personality police department decided "Today we're going to enforce the speed limit. We didn't yesterday, and we won't tomorrow... but today, what the heck".
8_wannabe 11-11-2003, 10:08 AM Originally posted by aussie77
8_wannabee, you don't see the double standard in that? I can't wait to see you raise your kids. Sit there and let them eat cookies all they want, but then every once in a while, just for the heck of it, smack them around and say "Don't eat cookies!!!!". Then, the next day, sit there and watch them eat cookies again. What kind of a message does that send?
I'm not going to sit around and be out of pocket $500+ (by the time insurance rates etc is factored in) because the split-personality police department decided "Today we're going to enforce the speed limit. We didn't yesterday, and we won't tomorrow... but today, what the heck".
All I can say is, you are operating at about the level of a cookie-stealing child. There is only one standard. Sometimes it is enforced, sometimes it isn't, but it is always the standard. You know it; we all know it. You pays yer money, you takes yer chances. If you choose to break the rules you understand as a presumably cognizant adult there is the distinct possibility yer gonna get busted. It's a matter of statistics... the more often and the more blantantly you break the rules, the higher the odds your gonna get busted. The odds finally caught up to you. Accept it and move on.
The alternative, in your dream world, is a police state in which our every action is monitored and the slightest infraction is punished. There is a word for a government like this. It's called the Taliban. Feel free to invite them over for some enforcement activity and see if you are any happier. At least they are consistent in their enforcement.
blizz81 11-11-2003, 10:34 AM The alternative, in your dream world, is a police state in which our every action is monitored and the slightest infraction is punished. There is a word for a government like this. It's called the Taliban. Feel free to invite them over for some enforcement activity and see if you are any happier. At least they are consistent in their enforcement.
Or perhaps a car that was controlled to never be able to go 1mph over the speed limit. That would drive the point home on constant reinforcement :) If it was purely about revenue, then they *would* pull people over more often for travelling beside them going comfortably over the speed limit. If they just wanted money, they wouldn't just want it one day out of the month.
I don't know that I'm kosher with the way speed limits are set, followed, and enforced as a whole, so it's not like I'm here to call you out. But you do have to face the fact that if you speed, you can get caught for speeding, regardless of if "everyone does it" and "aww, you'll never get caught, nobody ever enforces it".
I'm still with the plead out with the prosecutor option, or traffic school if you can.
Tronics 11-11-2003, 11:24 AM Originally posted by aussie77
No Tronics I am not saying that at all. I am saying if you ignore people you KNOW are driving drunk 99% of the time, to arrest someone for driving drunk the other 1% is wrong. If you can't see the difference then any further discussion with you is pointless. The only reason I am fighting this ticket is because, as I have said before, I could drive that same road at the same speed today, with a cop car beside me and he would do nothing. Just like they ignore people speeding EVERY DAY. The double standard is what pisses me off - it's ok to speed so long as we're not trying to generate revenue today.
Sorry if I came out a little hard the last time. But look, what are defenses? "I was speeding, but its not fair I get a ticket because other people speed and they dont get ticketed, and I only got ticketed because they needed to meet their quota." First, just because other people do it and get away with it doesnt mean you or anyone else should do it, or doesn't provide a reasonable excuse to speed 25 MPH OVER the speed limit. Second, they have the quota in place for a reason, so cops don't sit around in their car all day doing nothing. Yeah I know, getting a ticket sucks, but shit happens...I doubt they will let you go on this one, IMO I would go talk to the prosecuter and ask for a plea bargin.
Tronics 11-11-2003, 11:25 AM Originally posted by starstar5
Highway speed itself is double standard.
In the state of California, the highest speed limit is 70 (correct me if I am wrong).
I think you're right. 65mph on the highway is the legal limit for state laws... and from my understanding (could also be wrong) before you break the federal speed limit its +5 to the state limit.
OverLOAD 11-11-2003, 12:27 PM Get this, I got a written speeding warning for actually going 51mph in a 55mph highway, in my '96 MX-3 GS about 2 years ago.
Sometime it just doesn't matter how fast you drive. A lot of the time, they tag you just because they want to tag you, and there's no rhyme or reason.
What do you do when the cops try to screw you? Well, some of the cops are gentlemen, and are reasonable people, and some are not. Everyone has their bad days. Cops are normal people too.
OverLOAD
SCiMMiA 11-11-2003, 01:21 PM aussie, what county were you in? My job takes me all over GA and I call the probate judge for the county and reason with him. Most times, you will still have to pay the fine, BUT you will not get any points on your license.
aussie77 11-11-2003, 02:27 PM This was I *think* in Dekalb county. It was the Shallowford access rd north off of Clairemont, which I think still falls in Dekalb county. I will probably try and talk to the probate judge and work something out. I'm not adverse to supporting police - they have a crappy and thankless job, and my wife and I have donated money before... it's forced donations that bug me ;)
To whomever said the alternative was the Taliban...
1) If you think it is about anything other than revenue, think again. The simple truth is that pulling cars over one by one as you drive around the streets is a very slow process. Of course if you get three officers together and nail 40 cars in an hour with a speed trap, it is much more time-efficient.
2) With that in mind, again I am not against police enforcing the law. Indeed I'd welcome it on a more regular basis in general. All it would take is putting cops out on the freeways and roads and busting EVERYONE going over the limit or a couple of months, and everyone would get the idea really quickly. But that isn't really in their best interests. If the police had the same tolerance of murder that they do of speeding, there'd be dead bodies all over the place. Everyone would know you could kill someone, but so long as you didn't wave their severed head around in the air then nobody would bother you.
I usually go with traffic, which I believe is what most drivers do. Heck to do elsewise often puts yourself in danger with the aggressive drivers you see on the roads. So in general the police tolerate the fact that 90% of the cars on the freeway, and probably 30-50% of the cars on the 'roads' travel over the speed limit. So when they do need to write them some tickets, it is easy as heck to do so. Like shooting fish in a barrel. If I was a cop and I wanted to write a speeding ticket, outside of rush hour I could literally set up a speed trap on ANY road in Atlanta and catch people left, right and center.
115,000 speeding tickets written in the U.S EVERY DAY. Add that up and it's a hell of a lot of money. It's big business. And who wants to mess with a winning formula?
aussie77 11-11-2003, 02:29 PM SCiMMiA check your personal messages :)
mikeb 11-11-2003, 03:10 PM you should of just led the cop on a high speed chase
j/k
aussie77 11-11-2003, 05:20 PM LOL. I would have made the news. They were motorcycle cops though so I don't know how far I would have gotten, even in the RX-8. The sad thing is, even if I shook them off and made it away safely, it wouldn't be hard to find me again - how many black RX-8's are on the road in Atlanta? I'd say maybe a handful at *most* (I've never seen another one yet).
I'll never understand why people are stupid enough to try and outrun the police and go on these high speed chases. I mean nobody gets away. You just have to be a special kind of stupid!
8_wannabe 11-11-2003, 05:26 PM Oh, I dunno... OJ got away with it. Oh wait, that was a low-speed chase. ;-)
aussie77 11-11-2003, 08:10 PM The whole OJ thing was pretty funny in a way. I mean if that had been some low-rent black guy nobody knew they would have run his ass off the road quicker than an ethiopian marathon runner!
aussie77 11-11-2003, 08:11 PM And for the record I don't mean anything racist by the 'low rent black guy' comment either. If that had been Archie Manning running from the police I would have said something about poor ass white trailer trash ;)
mikeb 11-11-2003, 08:14 PM I agree if you are gonna run you better be on a BIKE
So......
to get back on the subject, and offer some advice- plea 'Deferred Finding'. It is not a federal doctrine, but many states provide this "get out of jail free card" 1 time per 7 years.
I know WA state does, because it saved me from a 67 in a 40 zone ticket.
How do you find out if you can use it in your state? Easy. Go to the courthouse, or call, and ask them if your state has a deferred finding law. If it does, plead either no contest or not guilty with request for deferred finding and then pay for your fine (yes that is the catch, you still pay for the fine, it just doesn't go on your record) and that's it....
Unless you get another ticket within 1 year and are found guilty. If you do, you get to pay for the original ticket again, plus court fees, along with whatever happens on the second ticket.
Remember that you can only do this 1 time every 7 years, and if you get another ticket within the first year, youre #ucked. :)
Texagi95's theory sounds pretty sound too, if your state doesn't have deferred finding. Cops hate coming to court, and usually if you make it a hurdle for them they won't show at all.
I might just try that next time, if there is one-- and will likely be with my ne RX8
:D
Texagi95 11-11-2003, 09:34 PM DRx,
Hey, thanks for sticking up for me. Let me tell you it is NOT a theory. I have done it 3 times this year alone and it works especially if you live in a big city like Houston. I got pulled over for going 88 in a 65, and I got off because I did the above, and I can tell you that it will work for you!!!
Texagi95
aussie77 11-12-2003, 07:17 AM Thanks guys. And I doubt I will be getting another one anytime soon. I've been driving for 9 years now and this is the first ticket ever. I owned a 240sx before this, which while isn't near as fast can still get up and go, so it isn't the 'sports car phenomenon', I just happened to be in the wrong place at the wrong time.
mngpao 11-12-2003, 07:50 AM FYI - In most states the posted speed limit signs are considered "prima facia". Without getting into the deep legal ramifications of it - it means at "first look" the speed limit is what is posted - but there are other legit reasons for going other than the posted limit - which legally means the posted limit is a guideline.
Most of the reasons favor going slower than the limit - such as fog or rain that may lessen one's visibility - or the condition of the road, etc.
Rarely is there a valid reason for going faster than the limit. In Calif, the DMV code also says something like "nor going so slow as to impeed the normal flow of traffic". My brother and I used that part of the law to have many tickets dismissed by claiming "I was keeping up with the normal flow of traffic which at that time of day is NORMALLY 80" instead of the posted 65. Point out that going slower would cause a dangerous situation "AT THAT TIME OF DAY".
If you use the words as stated in the DMV book (and cite the exact DMV rule number) you have a good chance of having the ticket dismissed.
Tronics 11-12-2003, 08:56 AM Originally posted by aussie77
I'll never understand why people are stupid enough to try and outrun the police and go on these high speed chases. I mean nobody gets away. You just have to be a special kind of stupid!
3-strikes and your out law. Some of these people rather die or die killing a "pig" than spend the rest of their life in jail.
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