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Speeding tickets, conviction on a the word of a cop.

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shadowknows69 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-24-09 03:36 PM
Original message
Speeding tickets, conviction on a the word of a cop.
Yep, just got one. First one in about 15 years which really sucks. I admit I was chatting away with a nephew I hadn't seen in a while and I was in an unfamiliar car that apparently goes faster than it feels like it is. Being the informed and annoying citizen I like to be I disputed the officer's reading of my speed and asked if I could view and take a picture of the radar gun. He told me, of course, no, that the gun didn't lock in the speed and that I could dispute it in court if I wanted to. How exactly do you dispute something there is no hard evidence for? My word against his, that's how. I'll take bets on who you think is going to win that fight. Why don't we have radar guns that preserve the evidence? I was following two cars that were going at least as fast as I was but I guess I won the prize because I was the one stupid enough to pull over when the lights started.

My wife and my insurance company are going to kill me.

/rant off
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proud2BlibKansan Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-24-09 03:40 PM
Response to Original message
1. Go to court and challenge it
If the cop doesn't show up, they will throw out the ticket.
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shadowknows69 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-24-09 03:42 PM
Response to Reply #1
2. I plan to actually, I know I can request a written deposition from the officer
They usually miss that deadline. Probably still get stuck with court costs though which are like $85. My wife's last ticket was a $20 fine with an $85 court charge. My last ticket 15 years ago, court charges were like $10.
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Sherman A1 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-24-09 03:43 PM
Response to Original message
3. Might try one of those traffic clinic things
You still have to pay the price, but it saves on the insurance part.
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mudesi Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-24-09 03:44 PM
Response to Original message
4. LOL. You Deserve The Ticket
Really? You disputed the radar gun reading?! You obviously don't get stopped often.

Next time admit you were speeding, but don't apologize, and make up a charming excuse. Then you might just get off with a warning.

But asking to have the radar gun photographed?
:rofl::rofl::rofl::rofl::rofl::rofl::rofl::rofl::rofl:

Pay the ticket.
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shadowknows69 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-24-09 03:49 PM
Response to Reply #4
7. This was after he already wrote it, so I wasn't getting off on charm.
And yes the speed he quoted me I was apparently going was actually 5 mph more than what he eventually wrote on the ticket. I never disputed I was speeding only by how much and I asked to see the evidence. Why shouldn't it be my right to view evidence against me?
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damntexdem Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-24-09 04:04 PM
Response to Reply #7
20. Ah, then if you go to court, see what he testifies.
If what he says is different from what's on the ticket, ask the judge to dismiss the charge.
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Obamanaut Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-24-09 04:13 PM
Response to Reply #4
25. I got stopped one day, pulled over to the curb as soon as the police
Edited on Tue Mar-24-09 04:23 PM by Obamanaut
car pulled out of his spot.

Conversation was sorta thus: "Do you know how fast you were driving?" "Yes, 45. I looked at my speedometer when you pulled out."

"Do you know what the speed limit is?" "Yes, 30."

"Do you know you are required to wear seat belts?" "Yes, and I always do when I have grandchildren in the truck to set a good example."

"Why were you going so fast?" "I was listening to the Gators beat up on Fla A&M and got excited."

"OK. I'm gonna give you a ticket for no seat belt. You can protest it if you want to." "No need. Have a good day and be safe."

edited to correct spelling of a two letter word. Pesky keyboard.

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shadowknows69 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-24-09 04:15 PM
Response to Reply #25
26. Alas I didn't know his taste in sports
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lpbk2713 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-24-09 03:47 PM
Response to Original message
5. You could ask for a confirmation that the calibration of the radar gun is up to date.


If the calibration date has expired they can't prosecute.


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TexasObserver Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-24-09 03:48 PM
Response to Original message
6. Ask if you can get a dismissal if you attend a defensive driving course.
Edited on Tue Mar-24-09 03:50 PM by TexasObserver
That will solve your ticket and your insurance problem. If they will do that, you'll have to pay some fee or fine, but you won't have a conviction, and your insurance rates won't go up.

Then take up your cause through political avenues. You will lose going the direction you are headed.

I don't believe you said that you were not exceeding the speed limit by 15 mph, so your objection is to form (of evidence), not substance.
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shadowknows69 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-24-09 03:50 PM
Response to Reply #6
8. Fuck it, I'm going to lose anyway.
Might as well make an idealistic stand while I have the chance.
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sharp_stick Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-24-09 03:55 PM
Response to Reply #8
13. Go in there and start yelling
You're out of order! You're out of order! The whole trial is out of order! They're out of order!

See what happens, it could be fun. ;-)

I've always wanted to do that BTW.
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shadowknows69 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-24-09 03:59 PM
Response to Reply #13
15. If I didn't think I'd be instantly tased I would
I do a pretty good Pacino if I do say so myself.
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shadowknows69 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-24-09 04:03 PM
Response to Reply #6
18. They have me at 15 mph over and I may have been close
But he originally told me 75 and wrote down 70 so maybe he thought he was being merciful but I'm sure I wasn't all the way to 70. I just, naively I guess, assumed the radar gun was used as evidence of the charge and I like to pursue any legal avenue I might have even if it's a long shot.
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ddeclue Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-24-09 03:51 PM
Response to Original message
9. Hire a traffic court lawyer...it can't simply be his word against yours.
He has to have a record of some sort to submit.
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shadowknows69 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-24-09 03:52 PM
Response to Reply #9
10. I have the model of radar gun he used on the ticket
I think I'll do some research on it to see if it indeed has an auditing function on it.
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Ohio Joe Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-24-09 03:53 PM
Response to Reply #9
12. Best advice
Get a lawyer for any traffic ticket... always.
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sharp_stick Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-24-09 03:52 PM
Response to Original message
11. Where did you get it?
A coworker of mine got one zipping along the highway outside Albany by an NY State Trooper. His ticket had a printout from the radar scanned right on it.

I guess every district and even post has different equipment. You are right, when it comes down to your word vs: the cop the court usually believes the cop. Especially if you told him you weren't sure how fast you were going, that comment went right in his book the second he sat back down. If you go in to dispute it the States lawyer will probably offer you a reduced fine/ticket to keep you away from the judge.

Unless you were flying, your insurance company probably won't bitch too much, especially if you haven't been tapped in 15 years. They'd rather keep your business. If they start to make noise start shopping around.
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shadowknows69 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-24-09 04:08 PM
Response to Reply #11
23. This was a NYS Trooper
Right off the 81 exit and it turns to 55 off the ramp. I got a printout but it just looks like something he typed up, no "screenshot" or anything like that.
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Tangerine LaBamba Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-24-09 03:56 PM
Response to Original message
14. Anyone who's on a phone while driving
deserves life in prison, as far as I'm concerned.

Did you know that the same part of your brain that you use for driving is the one that you use while talking? Surprise?

Dangerous stuff. You're lucky you only got a ticket and weren't cited for reckless driving.
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sharp_stick Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-24-09 04:00 PM
Response to Reply #14
16. Perhaps his nephew was in the car?
I didn't see him say he was on the phone, but I'll leave that to him if he wants to bother responding.

Conclusion jumping is not a safe sport. Eventually it's gonna nap you.
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Tangerine LaBamba Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-24-09 04:04 PM
Response to Reply #16
21. My MISTAKE!!!
Wow, was that sloppy, and you are dead right on!

Shame on me. I got a picture in my head when I read the word "chatting", and the rest just flowed.

And I was wrong.

Thank you for the good catch, and my apologies to the driver.
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shadowknows69 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-24-09 04:04 PM
Response to Reply #14
19. I wasn't on a phone, wouldn't use one while driving if I had one
My nephew was in the car. Some of us do still have person to person conversations you know.
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Tangerine LaBamba Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-24-09 04:06 PM
Response to Reply #19
22. My apologies .........
Someone beat you to it, and set me straight.

My mistake, and my apologies.

People on phones while driving are so dangerous, I tend to jump on my high horse even when the horse is somewhere else, having lunch.

My big sloppy fault, and good luck with your ticket.
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shadowknows69 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-24-09 04:10 PM
Response to Reply #22
24. I loathe cell-drivers too and I see dozens every day around here
They never pull any of them over, seat belts are still a real big catch here though. Because those people are endangering so many other people by not wearing one. :eyes:
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damntexdem Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-24-09 04:02 PM
Response to Original message
17. But if you go to court, he may not show up, so it could be dismissed for lack of evidence.
Or, when I was court watching one time, I saw an instance of a cop testifying to 53 MPH (in a 35 MPH zone), whereas he had entered 50 MPH on the ticket. The judge dismissed it because the testimony deviated from the citation. Of course, if going to court costs a lot, it might not be worth it to you (time and court costs, and so on). But if you go to court, there could be a chance.
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NeedleCast Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-24-09 04:17 PM
Response to Original message
27. If you show up in court, you'll almost certainly win
or get the ticket reduced. I've been to traffic court three times and haven't paid a dime yet. Twice the cop didn't show up, case dimissed. The one occasion when the cop did show up the ticket was for running a red light and I had a passenger in my car. I was more than halfway through the intersection before the yellow went red which constitues a legal turn. Witness testified to this. Case dismissed.

Even if you do get pinched for the ticket, take a defensive driving course to get rid of the knock on your insurance. Still better to go to court as (at least in my experience) the judges in traffic court will reduce the ticket to a non-moving violation (like failure to obey a posted sign, or something like that).
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The Wizard Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-24-09 04:19 PM
Response to Original message
28. Like it or not
In traffic court you're presumed guilty. The Judge and police always see each other as the police station is usually located in the same building or in close proximity to the Court.
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shadowknows69 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-24-09 04:23 PM
Response to Reply #28
29. I don't think that's the case here
This was State Police and the "court" is essentially set up in a firehouse nearby. Nearest State Police annex is like 15 miles away.
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Nay Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-24-09 05:19 PM
Response to Original message
30. Challenge it, but you MUST hire a traffic lawyer. If you do it yourself,
it won't help you a bit. Take if from the voice of experience.
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GoesTo11 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-24-09 05:59 PM
Response to Original message
31. Complain if you want, but don't claim the moral high ground
You were speeding and caught speeding, and now you're trying to talk your way out of the ticket. Good luck, but I have a feeling the ACLU isn't going to take up your case.
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shadowknows69 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-24-09 06:10 PM
Response to Reply #31
32. But you don't have a problem with a system
Edited on Tue Mar-24-09 06:11 PM by shadowknows69
That the speed at which I was allegedly going is only supported by the testimony of the officer who go to to view the radar gun? Shouldn't my conviction be based on verifiable evidence?
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GoesTo11 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-24-09 07:05 PM
Response to Reply #32
33. Nah. It's just a speeding ticket.
If you really thought he was lying, that's different. But to oppose having it be your word against the police officer's word? Nah. How do you think they did it before radar guns? I guess as a society, we want police to be able to enforce traffic laws, even if as individuals we don't like to have them enforced on us.

Testimony from witnesses has been the basis of trials for as long as there have been trials. It's true that the court gives a police officer's testimony more credibilty than a lay person's.

Take a breath. Most of us have gotten tickets, most of us think it somehow wasn't fair even if we know it was. Sometimes we fight them. But if you want to put your passion into improving society, there are better ways of doing it than taking on this ticket. Just decide how you're going to deal with it based on what works for you, either pay or go to court and see what happens, and then don't let it take up more of your thinking.
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