quote:

Originally posted by ZSMICHAEL:
In Chicago you go to court and pray the cop is a no show. Happened a lot.

30 years ago I got a ticket downtown Chicago for turning right where it was posted no turn. I couldn’t see that until it was too late as there was a box truck obstructing the sign. I talked to a retired CPD officer I know and he said don’t worry just don’t show up late for court.
They called about 12 of us in line and we all heard the same thing: The officer doesn’t recall the incident, have a good day.

quote:

Originally posted by bdylan:
Go to court and take your exculpatory information with you. Around here, you often get to discuss it with the police officer right there in court before the Judge saunters in. If it's not an actual racket, the officer is likely to just let it go.

The policeman is not the decision maker, the prosecutor is.

Sounds like you have a good defense. Make sure you know how to get the evidence from your phone admitted. This is what a lawyer can do that you might not by knowing the rules.

Bring your passengers as witnesses.

quote:

Originally posted by Beanhead:

My court date isn't until 5/1. But I plan on contesting this with the information on the phone showing it.

So, if you don't mind my asking, how did the court date go?

Yeah, what he said

quote:

Originally posted by sigmonkey:

That would have been a pretty accurate look at Converse, TX about 30 years ago.


.

To get a quick dismissal, bring a crying baby.

quote:

Originally posted by TigerDore:

quote:

Originally posted by sigmonkey:

That would have been a pretty accurate look at Converse, TX about 30 years ago.

I lived and drove Houston, San Antonio, Wichita Falls and the surrounding areas for a couple of years in the mid 70s...

quote:

Originally posted by jhe888:

quote:

Originally posted by bdylan:
Go to court and take your exculpatory information with you. Around here, you often get to discuss it with the police officer right there in court before the Judge saunters in. If it's not an actual racket, the officer is likely to just let it go.

The policeman is not the decision maker, the prosecutor is.

Sounds like you have a good defense. Make sure you know how to get the evidence from your phone admitted. This is what a lawyer can do that you might not by knowing the rules.

Bring your passengers as witnesses.

Not everywhere. There are still states where the officer is the prosecutor in traffic and/or misdemeanor cases.

quote:

Originally posted by DaBigBR:

Not everywhere. There are still states where the officer is the prosecutor in traffic and/or misdemeanor cases.[/QUOTE]

^^^^
Where? I've never ever heard of this.

Sorry for not posting but have been busy. Daughter graduation from college, coming to Georgia for a visit, and her moving to Colorado for her job.

Anyways, prior to the court date, I received a letter from the county that said that I could converse with the solicitor. So, I thought. Great. So, I went to the website and keyed in my case. Uploaded the pictures and gave a brief summary. After that, I got a email saying my court date has been changed to June 5th. I was thinking that the solicitor would ask me a few questions, etc after reading everything.

That's a negative, ghost rider. I got a short reply in the email 2 weeks later saying that the deputy body camera has it on video of the radar clocking me at 71 mph. I never argued he clocked someone. He never clocked me.

So, I have been waiting for the new court date to go and speak to them. Well, I got a letter a few days ago with my original court date on it. I called the court and basically, here is my choice. That back and forth on the web was my only chance to speak with the solicitor. Had I known that, I would have waited for court.

That said, I now can either 1. Pay the fine. 2. Ask for a bench or jury trial.

Frankly, I am a bit pissed. I wasn't speeding and I feel like not knowing how things work here has basically worked against me. Using the website didn't give me the opportunity to have that conversation.

While I do feel like I have a case, is it worth the time and $ to go to court.

or Do I just pay the fine.

I was going to ponder on it over the weekend and make a decision Monday.

quote:

Originally posted by sigmonkey:
I lived and drove Houston, San Antonio, Wichita Falls and the surrounding areas for a couple of years in the mid 70s...

I did the same about a decade after you. I got a ticket in Converse for speeding in an area where they dropped the speed limit so fast, you would have had to slam on brakes to avoid the speed trap.


.

Always fight it

quote:

Originally posted by TigerDore:

I got a ticket in Converse for speeding in an area where they dropped the speed limit so fast, you would have had to slam on brakes to avoid the speed trap.

Many years ago, I got a similar ticket in Illinois. Went to court with a lawyer. Lawyer asked the cop to show on a map, where the speed limit sign was, and where the cop was parked with his RADAR gun. No sooner had the cop pointed out the locations when the judge intervened and said "Case dismissed."

Seems that Illinois law specifies a distance in which to reduce speed, and the cop's location with respect to the speed limit sign did not allow sufficient distance to comply with the law.

quote:

Originally posted by Beanhead:
It's Coweta County. Newnan is the main city along with Senoia. There are speed traps everywhere. That is why I don't speed around here. In fact, I put in my Waze to beep everytime I exceed the speed limit. He didn't say he clocked me. He said his radar picked up 71 mph and 'I' was the only car he saw on the road. Frankly, I think he hesitated when I showed him the app that showed no speeding during my trip. Court date isn't until May 1st. I screen shot and printed off my app, my son's app, and my wife's app showing the trip right before. I am working with my carrier to get details about its notification and bringing this to court. Here are the snapshot. Sorry for the size...I cannot seem to get IMGUR to reduce the size on the program. Any tips would be appreciated.

What's the name of the app you're using.

Go to court, the cop may not show, or you get a chance to air your grievance. If you just pay it, they win and no one may know the cop messed up. You said the cop said you were the only one there, but he may have gotten a reflection off of another vehicle in the background that he felt was your speed. If you can get him to say there were other vehicles present or had just passed you in another direction they would be behind you. Radar beam is sent out, hits that car, bounces to yours, reflects back to the other car and then is picked up by the police radar. Hence the higher speed “on your car”.

This is why in NC the operator has to collect some driving history (seeing you driving and forming a speed estimate) then turn on the radar and verify his speed estimate.

A lawyer will know how to fight the ticket, but representing yourself isn’t a failing battle.

if this helps. not verified, but I've been told that you can request a public defender to represent you if you don't want to pay for a lawyer on a moving violation ticket. and usually there are "court fees" involved on top of any fines.

quote:

Originally posted by BB61:

quote:

Originally posted by DaBigBR:

Not everywhere. There are still states where the officer is the prosecutor in traffic and/or misdemeanor cases.

^^^^
Where? I've never ever heard of this.[/QUOTE]

https://theappeal.org/rhode-is...-police-prosecutors/

Nine states per this article. I had only ever heard of it in the context of civil infraction traffic cases, but apparently in some places it happens with misdemeanor criminal offenses as well.

quote:

Originally posted by Beanhead:
That's a negative, ghost rider. I got a short reply in the email 2 weeks later saying that the deputy body camera has it on video of the radar clocking me at 71 mph. I never argued he clocked someone. He never clocked me.

Ask for a copy of that video.

quote:

Originally posted by Beanhead:
Had I known that…

quote:

Originally posted by jhe888:
Sounds like you have a good defense. Make sure you know how to get the evidence from your phone admitted. This is what a lawyer can do that you might not by knowing the rules.

Bring your passengers as witnesses.

Might not be too late to call a lawyer.

Okay. Update. I called the clerk office again and finally got someone who actually had information I needed.

Basically, the email reply from the solicitor was based not on point reduction but rather if they are going to dismiss the citation. I asked about the video and was told that I can request that during discovery.

I asked about the court date and they said, by requesting it, I will get that date assigned but there will be no instruction or how to proceed. Great system of justice right? You peons, you figure it out.

I then again asked about what cost would I incurred if I fought it in court, etc. This was the strange part. The clerk I spoke to before said she couldn't tell me this. This clerk just said, it's the same whether you go to court or not. I then asked, if I go to court and lose, all I am out is the same fine and no points anyways? She said, yep. She also confirmed that once I go to court...I must complete the court process.

So, I am going to go to court. The question is do I go for a bench or jury trial? I will request the video and see what is on it.

In my career in NC, I never saw a traffic case go to a jury (that’s superior court). Even when people said they were going to appeal a guilty verdict in district court (judge only). I guess the expense of going to superior court was more money the defendant didn’t have.

The costs of court are set, so you should be able to figure out the costs. Usually the ticket has a fine and the costs printed right on it. If not you can google it. She may have not said because due to it being 16 over the judge can elevate the punitive part due to your history, but the court costs are set and only change annually.