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Speeding ticket advice needed. Login/Join 
chickenshit
Picture of rsbolo
posted
Yesterday I was waved over by an officer working a "speed control zone". The police officers were set up in an area where the speed transitions from 45 to 35 mph. I drive this particular stretch of road very frequently and have seen the police in this particular area many times. Because I know this is a well patrolled and speed enforced zone I am careful.

I ALWAY set my cruise control at 45 and as I see the 35mph sign (around a sweeping curve) I turn off my cruise control and coast down to 35mph. I willingly admit I am probably going around 38-40 when I get to the sign.

The officer informs me that his partner clocked me going 58. WHAT!?

I explain to him exactly what I wrote above and that there was NO WAY I could be going 58 as I had not exceeded 50mph in the last 3 miles. The officer takes my information and says he will check with his partner.

The officer returns to me and says he is only writing me a ticket for 52 in a 35. At this point I know arguing with the officer isn't going to get me anywhere so I sign the ticket and try and breathe deeply.

Here's the deal. I have never gotten a citation of any kind while driving in my town of residence. I had ONE speeding ticket about 5 years ago while driving on an interstate highway. (I wasn't TRYING to speed, I was listening to a book and not using my cruise control. Lesson learned.) I am certain I was not going more than 45 and likely was going closer to 38. I know it.

I have no proof. Is there anything I can do? I'd pay the ticket and take my lumps if I was going 52 but I wasn't. What can I do?

I know I should get a dash cam. I'm looking at them next.

Help please.


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Posts: 6432 | Location: East Central FL | Registered: January 05, 2009Reply With QuoteReport This Post
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Get one of those lawyers that specializes in your area for beating speeding tickets. They usually charge a pretty nominal fee $100-200 to handle it.
 
Posts: 15766 | Registered: June 12, 2005Reply With QuoteReport This Post
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Picture of bendable
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fight it





Safety, Situational Awareness and proficiency.



Neck Ties, Hats and ammo brass, Never ,ever touch'em w/o asking first
 
Posts: 46183 | Location: Henry County , Il | Registered: February 10, 2004Reply With QuoteReport This Post
chickenshit
Picture of rsbolo
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I'm calling an attorney I know to see who he recommends for this sort of thing. I see about a million different agency ads online. I'll see if I can get a recommendation.


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Posts: 6432 | Location: East Central FL | Registered: January 05, 2009Reply With QuoteReport This Post
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I had a relative years back who was certain the cop had him on the radar, then pulled over another car that was actually going slower. I don’t know anything beyond that, the relative kept motoring along.
 
Posts: 3351 | Location: WI | Registered: February 29, 2012Reply With QuoteReport This Post
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Picture of Sailor1911
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Do they offer a diversion program where they will dismiss the ticket after some period of time without subsequent citations and a clean record in the past? Generally comes with a higher fine, of course.


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Posts: 2402 | Location: Wichita, Kansas | Registered: March 27, 2011Reply With QuoteReport This Post
Raptorman
Picture of Mars_Attacks
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My Garmin GPS/dash cam registers speed.

If you had that, you could prove the cop is a liar and cheat.


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Posts: 30408 | Location: North, GA | Registered: October 09, 2002Reply With QuoteReport This Post
His Royal Hiney
Picture of Rey HRH
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quote:
Originally posted by rsbolo:
I drive this particular stretch of road very frequently and have seen the police in this particular area many times. Because I know this is a well patrolled and speed enforced zone I am careful.

I ALWAY set my cruise control at 45 and as I see the 35mph sign (around a sweeping curve) I turn off my cruise control and coast down to 35mph. I willingly admit I am probably going around 38-40 when I get to the sign.



I would only admit up to this part. You have the right not to incriminate yourself.

Bring up the fact that you've only had one ticket in five years.


I don't know if it's worth it to you to get a lawyer. You're just banking if the judge finds you credible.

Also check that, should the judge still finds you guilty, that you can take a class to not get the ticket on your record.



"It did not really matter what we expected from life, but rather what life expected from us. We needed to stop asking about the meaning of life, and instead to think of ourselves as those who were being questioned by life – daily and hourly. Our answer must consist not in talk and meditation, but in right action and in right conduct. Life ultimately means taking the responsibility to find the right answer to its problems and to fulfill the tasks which it constantly sets for each individual." Viktor Frankl, Man's Search for Meaning, 1946.
 
Posts: 14421 | Location: Bay Area, CA | Registered: March 24, 2011Reply With QuoteReport This Post
chickenshit
Picture of rsbolo
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Mars and HRH, you are both correct. I should not incriminate myself and I WILL be purchasing a dash cam.

I got my recommendation and contacted the attorney. We will be speaking in the near future. He is moving forward to set a court date.


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Posts: 6432 | Location: East Central FL | Registered: January 05, 2009Reply With QuoteReport This Post
I Am The Walrus
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OP,

Definitely use Waze next time. It's a great app.

quote:
Originally posted by Mars_Attacks:
My Garmin GPS/dash cam registers speed.


Mars,

Which model do you have? I think that would be something good to have.


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Edmond
 
Posts: 9053 | Location: Central Florida | Registered: March 12, 2005Reply With QuoteReport This Post
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Remember this: If the conversation about the violation gets into actual numbers, once you admit to any number that is in excess of the posted limit, you have admitted to the violation. Its now just haggling about how far you were in excess of the posted limit. And that is how most courts view it, too. Here is an excellent response to being asked how fast you were going:
"I really could not say how fast I was going, since my attention was on traffic and road conditions. But I don't believe my speed was such that warrants a citation".
That was actually said to me on a stop. By a lawyer. I liked it, told him so and kicked him loose.


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Posts: 6447 | Location: Marquette MI | Registered: July 08, 2014Reply With QuoteReport This Post
Vi Veri Veniversum Vivus Vici
Picture of ChuckFinley
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quote:
Originally posted by YooperSigs:
Remember this: If the conversation about the violation gets into actual numbers, once you admit to any number that is in excess of the posted limit, you have admitted to the violation. Its now just haggling about how far you were in excess of the posted limit. And that is how most courts view it, too. Here is an excellent response to being asked how fast you were going:
"I really could not say how fast I was going, since my attention was on traffic and road conditions. But I don't believe my speed was such that warrants a citation".
That was actually said to me on a stop. By a lawyer. I liked it, told him so and kicked him loose.


That post deserves a sticky. Smile




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"Of all tyrannies, a tyranny exercised for the good of its victims may be the most oppressive. It may be better to live under robber barons than under omnipotent moral busybodies. The robber baron's cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end, for they do so with the approval of their own conscience." -- C.S. Lewis
 
Posts: 4576 | Location: District 12 | Registered: June 16, 2012Reply With QuoteReport This Post
Raptorman
Picture of Mars_Attacks
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quote:
Originally posted by Edmond:

quote:
Originally posted by Mars_Attacks:
My Garmin GPS/dash cam registers speed.


Mars,

Which model do you have? I think that would be something good to have.


Garmin DriveAssist 50




Link to original video: https://www.youtube.com/watch?v=VjouRYh2tDo


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Posts: 30408 | Location: North, GA | Registered: October 09, 2002Reply With QuoteReport This Post
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Not sure how you got clocked???

Some of those devices...at least back in the 90s when I was attached to a unit, are not accurate in a curve or when a vehicle is in a curve. We were instructed to not try to get people when they were in a curve because the courts around here would throw it out.

With that said what is the likely fine?
Around here the money collected on fines go to
the courts...so it may seem a little rigged? Guilty...we get the money, not guilty we get no money.
It seems the courts automatically assume if you get a ticket you are guilty.

You might see if you can find anything online about clocking speed in a curve for radar or laser, whichever they used. Lasers were the ones that we were told were not accurate on a curve.


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Posts: 1828 | Location: Ohio | Registered: December 18, 2014Reply With QuoteReport This Post
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quote:
Originally posted by rsbolo:
I'm calling an attorney I know to see who he recommends for this sort of thing. I see about a million different agency ads online. I'll see if I can get a recommendation.


Pay the lawyer tax. Let them handle it.



No matter how responsible he seems, never give your gun to a monkey.
 
Posts: 505 | Location: STL MO | Registered: January 07, 2011Reply With QuoteReport This Post
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quote:
Originally posted by YooperSigs:
... Here is an excellent response to being asked how fast you were going:
"I really could not say how fast I was going, since my attention was on traffic and road conditions. But I don't believe my speed was such that warrants a citation".
That was actually said to me on a stop. By a lawyer. I liked it, told him so and kicked him loose.


Good advice. Thanks for this.



No matter how responsible he seems, never give your gun to a monkey.
 
Posts: 505 | Location: STL MO | Registered: January 07, 2011Reply With QuoteReport This Post
The success of a solution usually depends upon your point of view
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You lost me at "waved over"

I don't pay attention to what’s going on over off of the roadway when I am driving.

And yes, I have been chased down. One cop in Canton Ohio was really pissed that I did not stop when he waved at me. Took him about 10 miles to coach up to me for a 65 in a 55 speeding ticket.



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Posts: 2647 | Location: Jacksonville, FL | Registered: September 10, 2010Reply With QuoteReport This Post
Corgis Rock
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Read the fine print on the back of the ticket. WA allows you to request full disclosure. The trick is to po a certified letter on the last possible day. Usurally the government doesn't respond. At court, you point out the state failed to provide evidence that would allow you to make a defense. My neighbor used it.
Another point is when the radar unit was calibrated and given maintenance.
Most lawyers offer a free amount of time to give legal advice. That's an option.



“If ye love wealth better than liberty, the tranquility of servitude better than the animating contest of freedom, go home from us in peace. We ask not your counsels or arms. Crouch down and lick the hands which feed you. May your chains set lightly upon you, and may posterity forget that ye were our countrymen.”
― Samuel Adams
 
Posts: 5055 | Location: Outside Seattle | Registered: November 29, 2010Reply With QuoteReport This Post
chickenshit
Picture of rsbolo
posted Hide Post
quote:
Originally posted by YooperSigs:
Remember this: If the conversation about the violation gets into actual numbers, once you admit to any number that is in excess of the posted limit, you have admitted to the violation. Its now just haggling about how far you were in excess of the posted limit. And that is how most courts view it, too. Here is an excellent response to being asked how fast you were going:
"I really could not say how fast I was going, since my attention was on traffic and road conditions. But I don't believe my speed was such that warrants a citation".
That was actually said to me on a stop. By a lawyer. I liked it, told him so and kicked him loose.


I like that, and I could say it in complete confidence.

I was absolutely "clocked" on the curve. I'll mention that to the attorney.

I think the fine here would be in the $250 range. I'm not sure where the $ would end up but I really am more upset about the discrepancy in the speed. There is simply NO WAY I was going more than 40 mph. I will pay the lawyer about $200 and take my day in court. Whatever comes from that I will accept. At least I'll have my day in court!


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Posts: 6432 | Location: East Central FL | Registered: January 05, 2009Reply With QuoteReport This Post
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When I fought a radar gun ticket, 20 years ago,
I asked the right 8 questions of the officer that wrote the ticket,

so much so that the judge double checked my driving record to see how many times , I had done this before.

He said he was impressed and lowered the speed from 15 over and a fine to 5 m.p.h. over and a warning.

I considered it a win





Safety, Situational Awareness and proficiency.



Neck Ties, Hats and ammo brass, Never ,ever touch'em w/o asking first
 
Posts: 46183 | Location: Henry County , Il | Registered: February 10, 2004Reply With QuoteReport This Post
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