abbid
01-25-2005, 08:47 AM
I am going to court in about 90 minutes to fight this BOGUS ticket. He claims i was doing 55 in a 40 yet he has no radar to prove it. Any tips and suggestions to help me pull through this? Thanks guys..
|
View Full Version : Goin to court in 90 minutes.. abbid 01-25-2005, 08:47 AM I am going to court in about 90 minutes to fight this BOGUS ticket. He claims i was doing 55 in a 40 yet he has no radar to prove it. Any tips and suggestions to help me pull through this? Thanks guys.. Slims8 01-25-2005, 08:49 AM Yeah, take a toothbrush. At least that's what the judge told me one time. I was told If I said the police officer was not right (he called it testing his authority) I would need a toothbrush and a buttplug! This was in front of the whole courtroom. I just hope you are in a bigger town and don't have some BS judge. czr 01-25-2005, 08:49 AM Cops are trained to detect speed just by judging surroundings and are pretty accurate. But one thread here the cop said the 8 just looks fast even if it isn't. Were you really going 55 in a 40? BlueEyes 01-25-2005, 08:54 AM Wear a monocle! it will make you look dignified and innocent!! maybe grow a mustache too. Infact, just dress like this guy And keep your cool http://www.rx8club.com/attachment.php?attachmentid=39792 Gambit 01-25-2005, 09:02 AM tell them you were in a low gear so your engine was at high RPM's and it sounded like it was going faster than it actually was Redfusion3 01-25-2005, 09:06 AM Wear a monocle! it will make you look dignified and innocent!! maybe grow a mustache too. Infact, just dress like this guy And keep your cool http://www.rx8club.com/attachment.php?attachmentid=39792 Haha, Ya and use a old english accent too. MarthaStewart 01-25-2005, 09:11 AM I am going to court in about 90 minutes to fight this BOGUS ticket. He claims i was doing 55 in a 40 yet he has no radar to prove it. Any tips and suggestions to help me pull through this? Thanks guys.. Atleast you're going to court for a lousy ticket. Look at me, I'm in prison until spring almost rolls around. abbid 01-25-2005, 09:12 AM The truth is, i was on cruise control, in second gear speedo reading 48 MPH at 3:30 AM. I did nothing wrong in this situation, basically the cop misjudged my speed, hes human and like everyone else he's not perfect, i have no doubt in my mind that officer larson made a mistaske. I mean, which moron drives 55 in a 40? in that case that means my speedo would have to read ~58, now im not some super-smart genius but even a 15 year old with his permit knows that 58 in a 40 is just asking for trouble. I will fight this ticket, and if i lose it, im pretty sure ill be arrested today in court. I know im basically screwed in this situation, judges side with cops. My hope is that officer larson has his day off today and he happens to be out of town, other than that i hope the judge sees this obvious crime against red sports cars.. Feras 01-25-2005, 09:15 AM I am going to court in about 90 minutes to fight this BOGUS ticket. He claims i was doing 55 in a 40 yet he has no radar to prove it. Any tips and suggestions to help me pull through this? Thanks guys.. proof or no proof were you speeding? if so dont you feel the least bit guilty about going to go lie to a judge? i mean you'll lose all rights to complain about injustices in the system in the future right (like you couldnt be pissed off about OJ getting off for example). Plus if the cop shows up you are screwed because cops have more credibility than private citizens. Feras 01-25-2005, 09:16 AM The truth is, i was on cruise control, in second gear speedo reading 48 MPH at 3:30 AM. I did nothing wrong in this situation, basically the cop misjudged my speed, hes human and like everyone else he's not perfect, i have no doubt in my mind that officer larson made a mistaske. I mean, which moron drives 55 in a 40? in that case that means my speedo would have to read ~58, now im not some super-smart genius but even a 15 year old with his permit knows that 58 in a 40 is just asking for trouble. I will fight this ticket, and if i lose it, im pretty sure ill be arrested today in court. I know im basically screwed in this situation, judges side with cops. My hope is that officer larson has his day off today and he happens to be out of town, other than that i hope the judge sees this obvious crime against red sports cars.. why would you be arrested? Dlrosie 01-25-2005, 09:22 AM I think he is alluding to becoming somewhat beligerant toward the judge. Gambit 01-25-2005, 09:25 AM You can always hope the cop doesn't show up devoid 01-25-2005, 09:26 AM Claim you were actually 1-2MPH under. This forces the officer to provide evidence that you were speeding. Unless he wrote radar or something on the ticket, than it by law is supposed to be dismissed because it is word against word. If, however, you admit to speeding (just not that much...which you have already done here) than the judge won't give a rats behind. My suggestion, however, is get a pre-trial and simply work out a deal with the prosecutor. Just tell him you'd like to work something out so you don't get points, but that you'll pay the fine. Typically they'll give you a non-moving violation and cost you somewhere from $100-$150. That's my genuine suggestion. The preceeding has the opportunity to just piss of the judge. (I just supposedly "won" a case of window tinting, where I was in the right, and the officer and court had no valid reason to ticket me...so the prosecutor and judge dismissed the ticket........AT MY EXPENSE! Talk about BS...I ended up paying $56 (after the judge in her "generous" mood knocked off the state court fee of $24) all for being in the right...so take it from me, once they've ticketed you, you're gonna pay, even if you are innocent....its a bunch of BULL.....I hate american traffic courts!) abbid 01-25-2005, 09:27 AM because i will cause a ruckus! I'm not lying, its the truth. I dont remember what gear i was in to be honest, but i dont mind lying to the judge, if the officer lies to the judge why shouldn't I? I know im pretty much screwed if the officer shows up, and im pretty sure he will. Here is a picture illustrating my rooms view...The building on the far right, is the police station, the building in the middle is the court house. This picture means nothing to me except that im pretty sure the officer will show up... I lose, i lose. Another chapter in my life about how the justice system can suck my nuts. Paul_in_DC 01-25-2005, 09:28 AM The truth is, i was on cruise control, in second gear speedo reading 48 MPH at 3:30 AM. I did nothing wrong in this situation, basically the cop misjudged my speed, hes human and like everyone else he's not perfect, i have no doubt in my mind that officer larson made a mistaske. I mean, which moron drives 55 in a 40? in that case that means my speedo would have to read ~58, now im not some super-smart genius but even a 15 year old with his permit knows that 58 in a 40 is just asking for trouble. I will fight this ticket, and if i lose it, im pretty sure ill be arrested today in court. I know im basically screwed in this situation, judges side with cops. My hope is that officer larson has his day off today and he happens to be out of town, other than that i hope the judge sees this obvious crime against red sports cars.. Judges hear people all day saying "No I didn't." If that's all you have to tell the judge, you're pretty much out of luck. There has to be a reasonable doubt in the mind of the judge. One time I saw this happen was when a guy took pictures of the scene after getting a "running a red light" ticket. His pictures showed that, from where the officer's car was, a row of bushes obscured the white line before the intersection. The judge decided there was a reasonable doubt and dismissed the case. abbid 01-25-2005, 09:38 AM Paul, in this situation there is no evidence, and thats what really sucks for me. It really is my word against his and with our fair justice system, i am guilty until i prove myself innocent. My best bet is to go in, and attempt to fight this as best i can, and if i lose, pay the fine and move on with my life. Honestly, if i was speeding i would bite the bullet and pay the fine, but this just isnt the case this time. I wouldnt take a day off of work to fight something i am guilty of. To be honest, i can care less about the fines i have to pay, i just dont want the points againt my licence, because the truth of it is, im going to lose this case regardless of what happens. My best bet is to make an attempt at keeping my record clear, and keep those points off of it. expo1 01-25-2005, 09:39 AM Your in Maricopa County correct?? Jail might not be a wise option. http://www.mcso.org/submenu.asp?file=aboutsheriff&page=1 abbid 01-25-2005, 09:41 AM Your in Maricopa County correct?? Jail might not be a wise option. http://www.mcso.org/submenu.asp?file=aboutsheriff&page=1 Yes, hes such a dick. I had a couple of friends at tent city for a week or two for DUI. Pink undies, pink handcuffs, pink everything! RX-GR8 01-25-2005, 09:45 AM only advice i can give you is don't be a smart ass in the court room like you are in this forum. the judge won't be amused. :D khtm 01-25-2005, 10:48 AM Why don't you say that you asked the office to see the radar gun and he didn't have one or wouldn't show it to you? I've used that (it was the truth) and got off before. Like why wouldn't he show it to you? What was he trying to hide? abbid 01-25-2005, 10:48 AM So i just got back, Guilty. Let me explain what happened, The cop said he was outside of his car, and he visually saw me doing approx 45 MPH in a 40. He heard a high revving engine, and flashed me with his flashlight. He noticed that i didnt slow down, so he then proceeded to get into his car, and make a pursiut after me. After me turning left, almost exactly one mile down the road. He supposedly claims about 50 yards after the left turn, he started pace on me, with a vehicle that was calibrated June-26-2004! After following me for .5 miles he then got a constant speed on me which was 55 MPH. Me argueing all these points, told him about rotaries and high revs, and claiming that the officer is only human and he makes mistakes. Me argueing the fact that his car was calibrated 5 months prior to the date in question. None helped, So i am Guilty, and i had to pay court cost + ticket fine. If i get a FUCK THE POLICE sign, will i get arrested? :P khtm 01-25-2005, 10:51 AM Guess I chimed in too late. Sorry to hear you lost :( BlueEyes 01-25-2005, 10:53 AM you didn't wear a monocle did you... Sorry to hear you got screwed though, it's a tough stiuation to get out of. menace1227 01-25-2005, 11:03 AM tough luck man. sorry to hear about that. NomisR 01-25-2005, 11:06 AM I hate traffic court, again it's all about revenue generation and not about safety or anything else. Hell, in this case it's not even about the truth. Request a trial by peers! Apeal!! That's not right, it's your word against his. Also for all the math wiz here, if you were going 55 mph and he was standing outside his car, how much distance would it have taken for him to catch up and pace you? And how much time would it require? :D wokuku 01-25-2005, 11:27 AM Well you were speeding so what are you complaining about? What's the ratio between the number of times you speed on the road vs the number of tickets you have received? I bet it is at least 100:1...not too bad I suppose~ angeLa___x 01-25-2005, 11:49 AM hey abbY! that sucks.. kind of like my situation a while back ago if u remember. cops always win.......end of story. NomisR 01-25-2005, 12:42 PM Well you were speeding so what are you complaining about? What's the ratio between the number of times you speed on the road vs the number of tickets you have received? I bet it is at least 100:1...not too bad I suppose~ The problem was he wasn't speeding. At 47mph on our speedo would roughly equal to 45mph on the radar which is still within limit. Even if it was 47mph, it is well within the margin of error allowable. wokuku 01-25-2005, 12:48 PM He said speed limit was 40 mph. Anyway my point is I dont' have a problem with non excessive speeding but just that don't complain if you are not ready for the consequences. pmacwill 01-25-2005, 12:49 PM I still don't get why you were using cruise control to go 48 in 2nd gear. isn't that like... 6.5k rpm? why would you cruise like that? Feras 01-25-2005, 12:58 PM that sux man, but if he was following you and paced you at 55 he did. btw calibrating a speedometer isnt like an every other week kinda thing, im guessing its done on an annual or biannual basis the only question you'd have here is whether or not 55 +/- 3 would have resulted in a smaller fine.. did you still get points? army_rx8 01-25-2005, 01:05 PM just start speaking to yourself in teh court room like you are loony toons...maybe you can cop an insanity plea...lol Feras 01-25-2005, 01:09 PM just start speaking to yourself in teh court room like you are loony toons...maybe you can cop an insanity plea...lol ah the problem there is whether an insanity plea is grounds for loss of license :) Paul_in_DC 01-25-2005, 03:21 PM So i just got back, Guilty. ... Damn. Sorry to hear that abbid - I can understand your anger. :( But your story gave me a hunch - I'll wager that the cop heard your engine at high revs (like all 8's sound) and just assumed you must be speeding. Following your after that was just going through the motions, I'll bet. I got a ticket like that once - he assumed I was speeding from the sound, then followed me and gave me a ticket. (Of course I was speeding, but hey...) :rolleyes: abbid 01-25-2005, 03:33 PM Damn. Sorry to hear that abbid - I can understand your anger. :( But your story gave me a hunch - I'll wager that the cop heard your engine at high revs (like all 8's sound) and just assumed you must be speeding. Following your after that was just going through the motions, I'll bet. I got a ticket like that once - he assumed I was speeding from the sound, then followed me and gave me a ticket. (Of course I was speeding, but hey...) :rolleyes: Yep, thats what he said in court. He said that he heard a high revving engine. Right after that he said he visually estimated me doing 45. 45 in a 40 is hardly a means for a ticket. And thats besides the point, when the judge asked him some questions, he stuttered and wasnt too sure of some of his answers. Ontop of all that, after i went downstairs to pay my fine, i was greeted by 2 ladies in the parking lot, they were both sitting in the court room. They both could not believe that the judge ordered me guilty and had me pay the fines. They told me i should appeal, and continue on with it. I dont know what to think anymore, i wasnt even speeding to be completely honest. Last time i got busted speeding, i didnt deny it, i bit the bullet. But this time i wasnt even speeding, and that is the part that boils my blood. Feras 01-25-2005, 03:45 PM Yep, thats what he said in court. He said that he heard a high revving engine. Right after that he said he visually estimated me doing 45. 45 in a 40 is hardly a means for a ticket. And thats besides the point, when the judge asked him some questions, he stuttered and wasnt too sure of some of his answers. Ontop of all that, after i went downstairs to pay my fine, i was greeted by 2 ladies in the parking lot, they were both sitting in the court room. They both could not believe that the judge ordered me guilty and had me pay the fines. They told me i should appeal, and continue on with it. I dont know what to think anymore, i wasnt even speeding to be completely honest. Last time i got busted speeding, i didnt deny it, i bit the bullet. But this time i wasnt even speeding, and that is the part that boils my blood. sux...appeals are going to be costtly too, more than the ticket, but if you wanna prove your point, you should appeal EvilBostonRX8 01-25-2005, 03:45 PM Well were you speeding or not? In MA, when you appeal the ticket, you appear before a Clerk Magistrate. Now mind you, these guys have seen and heard all the stories. However, if you don't like his decision you CAN appeal to a judge in that court. Just food for thought. Now as I recall, receiving the ticket is usually prima facia evidence that you WERE speeding and it is a presumption you have to fight to beat. 8is>enuff 01-25-2005, 03:50 PM If you were to appeal, bring in videos of your car (or any car) driving down different roads at different speeds in different gears. Ask the cop to correctly identify the speeds the cars are travelling within 4mph. I don't know if it would be much help to your ticket, as that was given based on a half mile of pacing, but it sure would be fun to watch. aggietiff28 01-25-2005, 04:14 PM The problem was he wasn't speeding. At 47mph on our speedo would roughly equal to 45mph on the radar which is still within limit. Even if it was 47mph, it is well within the margin of error allowable. I am confused? Why is this. Are all the RX8 speedos off by a couple of mph? :confused: NomisR 01-25-2005, 04:36 PM I am confused? Why is this. Are all the RX8 speedos off by a couple of mph? :confused: I believe it's this way with all cars. The speedo shows roughly 2-3 mph higher than actual radar speeds. For the 8, it came out to almost 3, and with my RSX, it was slightly over 2, but this was at about 35-40mph so could be greater variance at difference speeds. NomisR 01-25-2005, 04:38 PM If you were to appeal, bring in videos of your car (or any car) driving down different roads at different speeds in different gears. Ask the cop to correctly identify the speeds the cars are travelling within 4mph. I don't know if it would be much help to your ticket, as that was given based on a half mile of pacing, but it sure would be fun to watch. Would be more convincing to have him judge the speed of different cars visually actually going the same speed. I'm sure the Rx8 would look and definately sound faster than it is. Cattywampus 01-25-2005, 05:28 PM The truth is, i was on cruise control, in second gear speedo reading 48 MPH at 3:30 AM. I did nothing wrong in this situation, basically the cop misjudged my speed, hes human and like everyone else he's not perfect, i have no doubt in my mind that officer larson made a mistaske. I mean, which moron drives 55 in a 40? in that case that means my speedo would have to read ~58, now im not some super-smart genius but even a 15 year old with his permit knows that 58 in a 40 is just asking for trouble. I will fight this ticket, and if i lose it, im pretty sure ill be arrested today in court. I know im basically screwed in this situation, judges side with cops. My hope is that officer larson has his day off today and he happens to be out of town, other than that i hope the judge sees this obvious crime against red sports cars.. Might be a little late but next time ask when the last time he had his speedo calibrated. it works if they tail you to get speed. :D Toadman 01-25-2005, 07:55 PM abbid you really should have been better prepared and posted this a day earlier. There are numerous techniques and evidence you could have provided to shoot holes in his credibility given the environment it took place in that day. All you had to do was create doubt and reasons of innacuracies of the incident. A major ally of yours is TIME. Filing repeated court date extensions to the maximum allowed, trial by jury, trial by written declaration, etc. With your notes, if you come in extremely well-armed with some of the advice given here, the judge may have reduced the fine to a non-moving violation or even let you off. Getting into a "yes you did, no I didn't" pissing contest with the cop in court is seen numerous times daily by the ill-prepared sheep who bend over to the County everyday in traffic court. Attack the cops PERSONAL credibility and you will lose every time. It's a lesson learned the hard way and I'm sorry to hear. Taking Traffic school? |