Can I Beat This Ticket?
 

So yesterday on the way home from Oceanside (40 mile drive for me) after picking up my new rims; I'm two exits away from being home and I look in my mirror and see the magic red and blue lights on my ass. I was extremely confused because the last time I sped was about 3 miles back and I was just cruising (going slower than the flow of traffic) at about 75 when he pulled me over.

So I pulled off the freeway and the cop said he "caught me going 90" and noticed I had no rear plate. He asked if I noticed how fast I was going and I told him I had no idea and I was trying not to speed because I had four rims in my car and I didn't want them moving around a lot. I also explained to him the reason I don't have my rear plate on yet is because I just got the car and the plates just came in the mail and I still need to fix my license plate light problem (its broken) before I put the plate on.

So the cop wrote me up for 85 in a 65 and no rear plate. However, he didn't tell me if he got me going 90 with a radar gun, and I know he didn't pace me because I watched him swerve over to pull me over. And he didn't put a serial number for the radar gun, like cops usually do when you get a speeding ticket.

This is my second speeding ticket in the past 17 months, so I either have to plead guilty and ask for super extreme traffic school, or fight this ticket. I just can't decide if its worth trying to fight it. I never saw the cop when I was on the freeway I have no idea how he found me speeding so much farther before and he doesn't seem to have any evidence that I was speeding.

Any opinions on what I should do?

just go to court and fight it if the cop shows up plead guilty, ask for traffic school, and ask for a reduction of your fine tou will most likely get it

I heard if you try to fight it, then the traffic school option goes away. Is this true?

i never heard that, ill ask my dad tommorow he knows more about this, in some cases you could petition the judge for driving school even if your not eligible, all i know is that the court is willing o work with you, i got an exhibition of speed ticket the fine was 890 dollars i went to court said i was guilty, that i had no job, and i was a student, she split my fine in half and put me on the payment plan :D

haha nice! thats a legit court, sounds good though dude. thanks

i believe it's at the discretion of the judge to give traffic school to a losing defendant.

and try and get an extension, then go to court, you may be lucky and the cop wont show thus dismissal of the ticket :D

Yeah I got pulled over for going 80 in a 65. No radar or laser put down on the ticket. I'm gunna try to fight it cuz he has no proof I was going that speed cuz I was in the #2 lane going downhill on the freeway and a suv passed me. I notice the lights once I hit the downhill section.

and to add to that cops are vicious everywere right now cause the economy is low they even pulled my mom over, shes never had a damn ticket in her life, she got let off with a warning though

I was at most going 70. It sucks. I don't got $212 to drop on it. My court date is on the 17th. : /

yeah man its freaking gay

take it to court. most cops will never show up so if he doesnt just plead not guilty

i got jipped the same way. Except I was only going 70. While there was like 5 cars in front of me going 75-80 and he pulls ME over. I don't have an option for traffic school so I just hired a lawyer to deal with it for me.

Yea, I was going to fight my speeding ticket until I read "caught by aircraft" or something.. They measured how fast I got from point A to point B. So the cop didn't use any radar on me, basic math is what hurt me. So check that out before anything..

https://www.rx8club.com/rx-8-discussion-3/finally-speeding-ticket-132179/

It should say on the ticket how he caught you.

If it's not on the ticket, there's no valid proof because then he might as well just make up some bullshit in court and add on a bunch of shit to your ticket.

Go fight it, plead not guilty. If you're worried, contact a ticket lawyer office, they'll know what to do and how to handle it.

shouldn't the ticker say how he clocked you?

If it's the radar gun, doesn't he need to show you the speed on the gun? They need to that where I live or you can say it wasn't valid or something similar.

If its a gun, they'll usually put the radar gun serial code or some shit like that.

Thanks guys, i'm fighting it!

Yeah more power to you man I got court on the 17th. I'm gunna fight it to. Good luck to you.

i was gonna fight my 58 at 45 but it was only 150 so i just paid.

same to you man. Let me know how it goes

damn. that sucks dude. my ticket was 380$ for going 81 MPH..yours will probably be more so i suggest you get an extension and then fight it. some cops don't write down that they got you with the radar but they will show up with a print out at court..good luck. i have court in January lol.

Lol geez anyone else got court?

just watch this video every time you get a ticket
http://www.youtube.com/watch?v=Kqcerf2jEgA

^^^

Damn I wish I can get 81 MPG from my RX8! :P I kid I kid

Hahaha nice I like that clip.


I'd like that mpg aswell lol

HAHA oops.

i have court december 21 and december 30

I have it on Feb 11th and 12th. But i'm getting an extension for the 11th one ahah

its gay they only do one extension now, they used to do 2

burn

i just hope my license doesnt get suspended

do a trial by written declaration (or whatever it's called). Explain that you were making sure you were not driving quickly b/c you had a new set of wheels in your car, and there was no way that you were speeding in the slow(er) lanes. People were clearly passing you.

I also have court in January for speeding ticket case (no radar, no laser, officer paced me at 12:30 in the morning for about 50ft lol)

I would speak to a few lawyers who specialize in these types of cases. If you're on the verge of possibly losing your license, that may be worth a shot. Don't try the whole Trial by Written Declaration unless your are VERY eloquent. They won't take "Cop made a mistake" statement seriously and you'll still lose the case. Or even if you go to trial, be prepared. This is what I did:

- Diagram with police officer's position, site of incident, and the amount of x distance before pulling my vehicle over.

- Notated all obstructions, turns, and changes in hill grade. I also notated the visibility at night since I was ticketed at 12:30 in the morning.

- Got together my files including requesting for Motion for Discovery, Affidavits, and etc.

If you're prepared and you didn't get caught on a radar, as long as you can make your case valid, I think you have a good chance.

Lets not forget the no plate issue as well.

extend it as long as possible, and request trial by declaration, usually works for me, and if that doesnt work, show up in court and request traffic school

Believe me you will be found guilty.

Did you take traffic school for the first ticket?

Yes.

Umm.. then you can ask for a reduced fine when you go to court... butt............

They tack on court fess so I think your better off just paying the fine.

Wait until they send you the dollar amount in the mail.

Always fight speeding tickets!

Smart man, I'll try to get all that together. And I plan on getting extensions, I have some fix it tickets to deal with first haha. I'll let you guys know the dollar amount when it arrives.

trial by declaration only works if your record is clean. how much is your ticket?

This might just be in Arkansas where I live, But I dont think cops here have the jurisdiction to pull you over *solely* off what the radar gun says..becasue it can be wrong, thus why they are trained to percept how fast a car is going, determining if they are going faster than the limit or not.

It really doesn't matter that how fast you were going compared to other cars. What matters is how fast you are going compared to the posted speed limit.

It really all depends on the judge. But previous history, no plates, sports car...etc... unfortunately you fit the stereotype.

Put your plates on and slow down, then they have no reason to pull you over.

How lenient are they there? No rear plate is no rear plate. Around here if you pulled a "I didn't have the plates on because my plate lights needed fixing" you could just tack on the added infraction for defective rear plate lights + court fees to your ticket.

That probably comes from the flap in Florica some time ago, when in-car radars were not particularly good at adjusting out the police car's speed. There were a bunch of not guilty pleas, and a court ordered some tests. During one of those tests an in-car radar said a hillside was moving along at a pretty good clip. Errors in using radar popped up on shows like 60 minutes.

The result was better training. Also the development of testimony like "I observed the defendent traveling at a high rate of speed. He was alone and in front of all other traffic. I then pointed my radar..."

Essentially, the radar can't be the one to decide you were speeding. The officer has to make that judgement, and can then use the radar to measure your speed.

Makes you wonder how they get photo radar tickets to stick...but I guess they do that by making them civil actions, not traffic offenses.

Ken

I go to court tomorrow to plead not guilty. I can't decide if I should request a written delcaration! My record isn't clean I got a speeding ticket 17 months ago, fuck my life, I know.

good luck man

thanks dude! im just bummed i have to get up so early to take care of this shit.

hopefully you get good luck, i paid a lwyer and he failed me ;[

lets hope. I probably won't actually be dealing with this ticket until like November. I just have to plead not guilty tomorrow.