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Got a 30mph+ over speeding ticket. Need a consult.

Old 05-26-2011, 09:45 PM
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Got a 30mph+ over speeding ticket. Need a consult.

State cop got me for 96 in a 65. He checked "LIDAR" (whatever that is) AND "estimated". The fine was $310, and no other charges were listed on the ticket. I am tempted to just pay this but I am wondering how many points this is in MA and if it could somehow be upgraded to reckless if I just pay it. Should I talk to a lawyer about this? It's my first ticket in the rx8.

It was midnight and the speed of traffic at the time was about 85. I was passing a trailer, yada yada, I need to slow down. Oh, and I have a CO license but MA plates, for what that's worth.

thanks guys.

Last edited by larkin; 05-26-2011 at 09:56 PM.
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Old 05-26-2011, 09:47 PM
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http://en.wikipedia.org/wiki/LIDAR

according to http://www.dmv.org/md-maryland/point-system.php it's 5 points

it also says:
Amass five to seven points in a two-year period and the MVA will insist you sign up for a Points System Conference (PSC) and/or attend a Driver Improvement Program (DIP). The programs are offered by various third-party providers across the state and the fees vary with each.
you're hosed
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Old 05-26-2011, 10:08 PM
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Fight it! Send it in not guilty, wait for your court date in the mail. Show up on the date, when your called they'll most likely give you a reduced amount to pay. Refuse this and ask to remain not guilty and you'll be given a date to see the magistrate which involves a judge. At this point your taking chance with arguing your case that you were not speeding or taking a chance on the officer that pulled you over not showing up. These guys rarely show up! Especially if your court date is many months away from when you got the ticket. I beat two tickets in my RX8 doing just this. NO LIE! both times my case was dismissed, although I had a story put together both times just incase the officers did show up to fight my case out in which it would be your words against theirs. Good luck, FIGHT THE POWER lol.
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Old 05-26-2011, 10:32 PM
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Thanks, both. @laythor, looks like MA gives all speeding tickets 2 points called "surcharge" points, or something like this. I might be okay there. Thanks for the link though, it was easy to find the MA version.

@KingBonacci, that's not a bad approach in your system but I got a ticket a while back and challenged it and was scheduled to see the magistrate. Fortunately they dismissed it but a police officer sits in the room and serves as the representative of the officer who ticketed you which seems to have eliminated the possibility of getting dismissed due to officer absence.

Any good traffic lawyer in MA?
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Old 05-26-2011, 10:33 PM
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There is no cost for the initial consultation with a lawyer. Do it and see what they have to say.
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Old 05-26-2011, 10:37 PM
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Well after you do deal with the ticket, invest in an escort, idk if they're illegal in MA but here in NY your allowed to carry a radar detector, best 300$ investment i ever made.. its stopped me from atleast 30-40 tickets.
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Old 05-27-2011, 07:31 AM
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I'm pretty sure in MA that radar detectors are legal to buy, but not legal to use, I don't think this is very well enforced, but I'd imagine that you'd get an additional fine if you did ever get pulled over and they saw that you were using one.
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Old 05-27-2011, 08:01 AM
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I believe Virginia is the only state where radar detectors are illegal to use in cars. Connecticut used to be on that list.
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Old 05-28-2011, 02:25 AM
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Well.. something to look into, my radar has not only proven to be a great cop detector.. but its also very useful for emergency vehicles if your blasting music and cant hear the sirens, not to mention it helps keep you more alert and awake when driving..

Many other uses besides avoiding speed traps
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Old 05-28-2011, 04:26 AM
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well i have no idea why on earth you would want to "upgrade to wreckless"

**assuming mass is anything like NJ** go to court (shows u care) plea guilty, prosecutor should down grade your ticket to a careless driving, and you'll probably pay more than 500$ but no points
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Old 05-28-2011, 08:00 AM
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DO NOT pay the ticket without trying to fight it first--even when you're clearly guilty!

I would go solo in the first hearing with the "clerk magistrate" (most of them are more like "jerk magistrates" to me). If you lose, pay the court fee and appeal it to the judge. At this point, I would try to find a good traffic lawyer (mine wasn't that good, so no help here). Hopefully, your lawyer will be able to get some sort of deal for you. You can pay the fine all you want, but that won't be the end of it. They'll keep raping you with the surcharges for the next couple of years, which will end up costing you way more than the original fine.

I got a ticket for $750 a little over four years ago. I was also going well over 30mph (probably doing around 103-105mph). The statie also checked off LIDAR and estimated, in addition to drag racing (I was speeding, yes, but not drag racing anyone). Anytime you do 30+ in MA, you could be arrested and your car impounded right on the spot. When I was handed the ticket, I almost **** in my pants.

Anyway, good luck and try to slow down. I used to have a Valentine One in my car, but I took it out. I still have it, but I try not to use or rely on it.
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Old 05-28-2011, 08:08 AM
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And oh, believe me those staties will either show up or send a representative. The chances of them dismissing the ticket because of the cop's absence is nil nowadays in MA. And expect to lose more than win. But you'll never know if you don't fight first...
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Old 05-28-2011, 08:53 AM
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always 'fight' tickets. in my experience cops usually show up. at the least you will get a lesser charge by doing the initial consult. here in WI, they show up with a big book that basically just tells them what's the lowest they can 'offer' for a given offense. worth a shot.
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Old 05-30-2011, 01:42 AM
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Thanks for the feedback guys.

One question, do previous speeding tickets that were dismissed show up on your record. I'm all for fighting it and just going and saying sorry but the problem is I got a ticket dismissed a few weeks ago and if that shows up it's really gonna look like I just can't learn my lesson. This is the main thing I want to ask the lawyer cause I have almost no leg to stand on if the dismissed ticket shows up to the judge if I come now and say sorry.
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Old 05-30-2011, 06:35 AM
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Also, ask to see the calibration paperwork that should have been done prior to the start of shift. I know military cases can get dismissed for this (I am an MP). Also make sure that all serial numbers match on the gun, and on the tuning fork.
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Old 06-02-2011, 01:16 PM
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Originally Posted by larkin View Post
Thanks for the feedback guys.

One question, do previous speeding tickets that were dismissed show up on your record. I'm all for fighting it and just going and saying sorry but the problem is I got a ticket dismissed a few weeks ago and if that shows up it's really gonna look like I just can't learn my lesson. This is the main thing I want to ask the lawyer cause I have almost no leg to stand on if the dismissed ticket shows up to the judge if I come now and say sorry.
In most cases the ticket remains on the record. RI has a "good driving record" clause that allows you to have a speeding ticket "dismissed" if there are no moving violations on your record for 3 years. But, the dismissed ticket remains on your record so you can't have another one dismissed until 3 years after the dismissed ticket. (lots of 'dismissed' there, but it should be clear enough.)

Dismissed vs. expunged. One gets you out of fines, the other wipes the citation from your record entirely, which is rare.
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Old 06-06-2011, 06:11 PM
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your final option is to wait for it to show up on the CO license, then get a MA license

points don't carry over when you get a new drivers license, it's basically a get out of jail-points free card, they are on your overall driving record as far as insurance etc. goes but you will start at zero state points with a new drivers license
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Old 06-06-2011, 08:08 PM
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I see. Thanks for that tip. Fortunately this is my first speeding ticket in a year (not including dismissed ticket). Unless the "estimated" AND "lidar" checkmark have a shot at getting me out of the ticket, I think i'll just pay it and live with the consequences.
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Old 06-06-2011, 08:26 PM
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Originally Posted by applepwnz View Post
I'm pretty sure in MA that radar detectors are legal to buy, but not legal to use, I don't think this is very well enforced, but I'd imagine that you'd get an additional fine if you did ever get pulled over and they saw that you were using one.
Radar detectors and laserjammers are indeed legal to purchase and to use in MA.
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Old 06-06-2011, 08:30 PM
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Best policy is to be honest. What type of conversation did you have with the Trooper?
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Old 06-06-2011, 08:52 PM
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Is this your first ticket? If it is, I would lawyer up and they'll probably drop to a non-moving. Change that, I would lawyer up anyway.
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Old 06-09-2011, 01:03 PM
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Originally Posted by Bulldog View Post
Best policy is to be honest. What type of conversation did you have with the Trooper?
Pretty civil. I had the license & reg ready. He said how fast, I said 85, he said i got you at 96. He said why so fast, I said I wasn't paying attention. He said when were you last pulled over, I said maybe 7 months ago. He came back in 4 min and he said I have 20 days to pay or request a hearing.
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Old 06-09-2011, 01:24 PM
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I think it may be better to try not to admit your guilt. I think some cops appreciate it and it may get you off but I think that most times it just makes his job easier to get you that speeding ticket. If he is going to prosecute you, make him work for it.
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Old 06-09-2011, 01:52 PM
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Originally Posted by larkin View Post
Pretty civil. I had the license & reg ready. He said how fast, I said 85, he said i got you at 96. He said why so fast, I said I wasn't paying attention. He said when were you last pulled over, I said maybe 7 months ago. He came back in 4 min and he said I have 20 days to pay or request a hearing.
Where u get pulled over? What highway...
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Old 06-20-2011, 09:11 AM
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Originally Posted by Bulldog View Post
Where u get pulled over? What highway...
I-190 around midnight in Holden
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