Author Topic: help with speeding ticket (Read 9382 times)

BigMike · « **Reply #30 on:** Dec 30, 2010, 02:58:49 PM »

I don't have time to read through everything, but I'd like to provide my personal experience which I believe is of great value here. I have been pulled over for speeding twice but only convicted once. Challenging tickets in court is super easy to do. As BD mentioned, all you have to loose is a couple of hours.

The only time I have been convicted is an experience that I believe will help you:
About 5 or 6 years ago Rocky and I left the shop for lunch to pick up some Pizza for everyone. I was test driving a customer's truck, doing 50 in a 45 zone, with a slight up hill that crests back down. I was aware that I was speeding, and as I approached the top I saw a city cop come up and over the crest in the opposition direction. I immediately downshifted to 3rd and compression braked as quick as I could without using any brakes (back when I thought brake lights were always convicting evidence). The cop hit his brakes a couple of times as if he wasn't sure if he should flip a u-turn, and at the last moment before I headed down the backside of the hill I saw the officer turn on his left blinker and stop for traffic. I thought ohhhhh man either he is just making a left turn or he really is gonna pursue me.

Long story short, the cop caught up to us about a 1/2 mile later and pulled me over. He said he would have given me a warning but because he didn't see my brake lights he figured I really wasn't paying any attention to the law.

I had figured that by the time we passed each other, 3rd gear should have slowed me down to about 45, so no big deal, but he claimed he first caught me at nearly 60 and then got me again at 55 (45 zone). I was

!! While we were waiting for the Pizza, it finally came to me

The truck has 4.11s with 33" tires

So I took the customer's truck over to a speedometer shop across town who printed out verification that at precisely 55 MPH the trucks speedometer reads 45 MPH.

Bingo!

Later at court, the officer gave his side of the story first and then I proceeded with mine. I informed the Judge I have evidence for the court which the bailiff handed to the Judge. The Judge looked over it briefly and then informed the court that in light of the evidence presented, it is understandable why I appeared to "disregard the law" (how I didn't slow down when the cop passed me) but he then said that no matter what, and here is the bottom line that you will have to deal with, everyone is fully responsible for every aspect of the vehicle they are driving.

So here is the good news: the Judge reduced my penalty from $200-something down to $60-something. I thanked the "Honor" for his compassion and time and happily paid the fine. I then took an online traffic school course and got rid of the speeding ticket.

1) Bad news: You are completely responsible for your truck. No exceptions. You will NOT be able to get out of this.
2) Good news: Do go to court with as much supporting evidence as possible to get the fine reduced.

I was raised to respect authoritative figures so I play the court game well. I dress up nice, present minimal subjective information, and be extremely polite and cooperative to both the prosecuting officer and the Judge. I write down everything I can remember when I got the ticket and present a clear and easy to understand case.

If you want to see what not to do, then go sit in a ticket court session just to see how RETARDED the people are who challenge tickets. At least in Fresno it seems the collective IQ of the people challenging tickets in court is about 47. The Court TV shows that I sometimes see while channel surfing are the real deal. IDIOTS. While waiting for my turn in court, I have seen people arguing with the Judge, talking while the Judge is talking, showing up in Hawaiian t-shirts, being completely unprepared to answer mundane questions like "was it a clear day?", and claiming that you were in a hurry to get to a very important business meeting because you make more money than the Judge......... WOW I-D-I-O-T-S.

The Judge is just another fellow getting through his day full of asshats, and if you can present yourself in a clean, organized manner and respect the courts time I think you will be utterly surprised at how nice Judges can be. I bet you can at least get that $400 ticket cut in half if you've got good supporting evidence.

The other time I got a ticket was in my MR2 when I had my HIPSI v2.5 engine (17+ PSI fully illegal JDM engine conversion). The officer claimed he got me going 15 over in a zone that I had passed through a good 5 miles before he pulled me over. He said he had to do "90 MPH in the city" just to catch me. That officer was on crack

and was a complete jerk to me! So I go to court and I wait, and wait, and wait... Finally the Judge calls my name, I promptly stand up, "Yes your Honor", and he says, "Well Officer Sanchez is not here and the court requires your permission to dismiss the ticket." I said, "The court has my permission your Honor" and that was it!! I had to sign some form that I accept the ticket being dismissed and away I went. I think I had to pay a $5 processing fee or something like that, I don't remember, but I was sooooooooooooo happy!

To this day I have NEVER had a speeding ticket in any vehicle I own. Too bad I couldn't get out of that incorrect speedometer ticket but going to court is definitely the best thing to do!

Oh, and GET YOURSELF A RADAR DECTOR!!!!!! I use a Bell Vector 955 in my Supercharged MR2. Got it used for $70. Sure beats a hand full of $400 tickets!

BigMike

superyota · « **Reply #31 on:** Dec 30, 2010, 03:18:33 PM »

good info... thanks guys. i'll keep posted on what happens.

Sparkplug · « **Reply #32 on:** Dec 30, 2010, 03:55:11 PM »

BigMike said it well. I feel for you man, it really sucks when you werent TRYING to do wrong, and you did. But I personally have been in trouble before for things that I was truly innocent of, and was found guilty. It just irks me a lil when I see a true guilty person trying to plead innocent. That wastes money in our system, that we all pay for. It is your right as an American citizen though to fight the charges, and if you feel strongly enough that you were not wrong, or not speeding for that matter than by all means, fight the ticket.

superyota · « **Reply #33 on:** Jan 03, 2011, 07:53:43 AM »

I think I decided what i'm going to do. let me know what you guys think about this... Plead guilty, but with an explanation. Basically, i'm not argueing the fact that i was speeding, but the fact that it was unknowingly, then present all my paperwork with an explanation to help prove it, along with a copy of my driving record showing i've had a clean record for the past almost 4 years.

.

BUDDERS · « **Reply #34 on:** Jan 03, 2011, 08:27:21 AM »

I'm not a lawer, but I think that's about the only way to go if you want to handle it yourself.

blackdiamond · « **Reply #35 on:** Jan 03, 2011, 05:41:37 PM »

Quote from: superyota on Jan 03, 2011, 07:53:43 AM

I think I decided what i'm going to do. let me know what you guys think about this... Plead guilty, but with an explanation. Basically, i'm not argueing the fact that i was speeding, but the fact that it was unknowingly, then present all my paperwork with an explanation to help prove it, along with a copy of my driving record showing i've had a clean record for the past almost 4 years. .

I would also mention any financial hardship that you have currently in a professional way without sounding like a begger. I would suspect the judge would understand a financial reason for taking the time to at least attempt to get the fine reduced.

emsvitil · « **Reply #36 on:** Jan 03, 2011, 05:47:27 PM »

Make sure the cop is there before you say guilty with explanation.

If he isn't there, the case will be thrown out.

emsvitil · « **Reply #37 on:** Jan 03, 2011, 05:50:39 PM »

AND

From past experience, if they ask you if you're sure you don't want to take traffic school before your case is heard,

the cop isn't there.................

superyota · « **Reply #38 on:** Jan 04, 2011, 08:24:15 AM »

the ticket I got in the mail gives me 4 options. 1st is pay fine; 2nd is pay fine and take traffic school; 3rd is plead not guilty and summons deputy; 4th is Trial by declaration. Either way, my court date is Feb.1. Not sure if what will happen or who will be there if I just go to court on the 1st. I'm under the impression that if I plead no contest or guilty, thats that, the judge will make his decision that day. But if I plead not guilty and summons deputy, I will get possibly a different date with the deputy there. confusing process. anyone know how it all works?

BigMike · « **Reply #39 on:** Jan 04, 2011, 08:52:50 PM »

Edwin-

Since you said this happened while you were out on a highway, I have to ask, how far from home were you?

I ask because I believe you can request to have the court session in your home city (where your vehicle or drivers license is registered I presume) which means that the officer will (hopefully) have to drive waaaaaaaaaay out of his way to appear in court -- increasing the odds of a no-show

Sparkplug · « **Reply #40 on:** Jan 04, 2011, 08:55:56 PM »

you are not allowed a trial by jury on infractions, it is a trial by judge, he may or may not do it the same day you plead. I believe he has to allow a continuance if you ask for one.

kneedownnate · « **Reply #41 on:** Jan 04, 2011, 09:04:34 PM »

Definitely go to court. What people are failing to see in this, which seems incredibly simple to me, is the fact that you were responsible for what your truck was doing and had it calibrated. You have evidence that there was a flaw, which was in no way your fault and you couldn't have known about. You do in fact seem to have a leg to stand on and should do so

minicrawlin · « **Reply #42 on:** Jan 04, 2011, 09:23:59 PM »

good luck man! I think you have a great case, take option 3, see if you cant get the case to be seen in your hometown like Mike was saying so that deputy doesnt show up or just hope that he doesnt show up at all, and hope for a happy judge that day! If you were doing the right thing typically the best thing will come from it, thats been my experience in life at least! Keep us posted!

superyota · « **Reply #43 on:** Jan 05, 2011, 08:20:08 AM »

I'll try to see if I can get the location changed. that would be nice. I was passing Rock Front Ranch, which is about 1.5 hours west of Bakersfield, and about .5 hours East of Santa Maria. Not sure if it will work, but I'll give it a shot.

Quote from: kneedownnate on Jan 04, 2011, 09:04:34 PM

Definitely go to court. What people are failing to see in this, which seems incredibly simple to me, is the fact that you were responsible for what your truck was doing and had it calibrated. You have evidence that there was a flaw, which was in no way your fault and you couldn't have known about. You do in fact seem to have a leg to stand on and should do so

The only thing that worries me is if the judge throws it in my face and says that a speedometer is not required in Ca. Then what?

Trunkz · « **Reply #44 on:** Jan 05, 2011, 10:36:48 AM »

Quote from: Sparkplug on Jan 04, 2011, 08:55:56 PM

you are not allowed a trial by jury on infractions, it is a trial by judge, he may or may not do it the same day you plead. I believe he has to allow a continuance if you ask for one.

constitution enumerates the right to a trial by a jury of your peers demand it thats what jury duty is for

blackdiamond · « **Reply #45 on:** Jan 05, 2011, 11:50:00 AM »

Quote from: Trunkz on Jan 05, 2011, 10:36:48 AM

constitution enumerates the right to a trial by a jury of your peers demand it thats what jury duty is for

I don't believe that it applies to civil issue, just criminal? I think traffic court is closer to Judge Judy than the OJ Simpson trail.

bslh8tr · « **Reply #46 on:** Jan 05, 2011, 11:56:09 AM »

I recommend to anyone living in the United States to spend the 20 bucks a month and get Pre-Paid Legal. They have saved my butt numerous times.

kneedownnate · « **Reply #47 on:** Jan 05, 2011, 07:22:47 PM »

Never heard of it

Sparkplug · « **Reply #48 on:** Jan 05, 2011, 07:36:33 PM »

Quote from: Trunkz on Jan 05, 2011, 10:36:48 AM

constitution enumerates the right to a trial by a jury of your peers demand it thats what jury duty is for

not true at all, sorry. Ive been thorugh court a bunch, i know it well. You cannot get a jury trial for infractions, only misdemeanors or felonies.

Trunkz · « **Reply #49 on:** Jan 06, 2011, 02:05:00 AM »

in most states 20 mph over the limit is classified as an "endangerment" giving it misdemenor possibilities that is a criminal charge

Rocksurfer · « **Reply #50 on:** Jan 06, 2011, 04:00:51 AM »

Most of the judges will give you a simple choice when you plead, guilty or not guilty they don't want to here guilty with reason, or anything like that, except guilty by reason of insanity.

Some may allow a reason for the infraction if there were a legitimate reason such as driving a big rig past a 6,000 pound limit sign when the location you are going to is a direct line to the road in which you are travelling. As to a speedo error or calibration being off due to larger tires or a defect usually won't fly.

Cheesemaker · « **Reply #51 on:** Jan 06, 2011, 06:41:31 AM »

Quote from: kneedownnate on Jan 04, 2011, 09:04:34 PM

Definitely go to court. What people are failing to see in this, which seems incredibly simple to me, is the fact that you were responsible for what your truck was doing and had it calibrated. You have evidence that there was a flaw, which was in no way your fault and you couldn't have known about. You do in fact seem to have a leg to stand on and should do so

I'm with Nate here. If you plead Guilty, then that's that. You might as well not show up to court. But if you go, look presentable, plead not guilty, and show the evidence in a professional manner. At the most, you should get a reduced ticket, and maybe some school. (but this is California)

superyota · « **Reply #52 on:** Jan 06, 2011, 08:43:25 AM »

I have an interesting update. I asked for another extension about two weeks ago being I just started a new job and don't want to ask for time off just yet. Didn't think I would get it, but yesterday I was granted the extension and also the fine was reduced from the original $429 with traffic school to a new fine amount of $275 with no option of traffic school and the new date of 04/05/2011

. I called to find out why the traffic school option was dropped and the clerk told me because I didn't ask for it in the letter

. So now I wrote a letter asking that my option for traffic school also be granted the same due date of the ticket. It really suprised me that the fine was already dropped so far and I havn't even gone in

. Hopefully my option for traffic school comes back.

sctoyota · « **Reply #53 on:** Jan 06, 2011, 11:23:35 AM »

I was coming back from Virginia and got a speeding ticket in NC. I was only going 15 over, but there was a mandatory court appearance.Two days later I had about 7 letters from lawyers wanting me to give them money and promising to get me out of the ticket.

After a week, I decided to call one of the lawyers. It cost less to pay one of the lawyers than it would to drive up to NC, get a hotel room, and pay the court fees for the ticket. I figure that there is some sort of racket going on in that county with the mandatory court dates and lawyer mailings.

Oh well. I got out of the ticket.

Don't speed in Davidson County, NC.

superyota · « **Reply #54 on:** Mar 21, 2011, 01:10:15 PM »

well i havn't updated this in a while. so I ended up pleading not guilty with a trial by declaration. i didn't argue the speed the officer said i was going, just stated the facts and showed receipts with the printout from the dealer saying the cluster was bad and it was repaired and I had my cruise set at 55 ...etc. the ticket amount was lowered to $170, with option of traffic school. The judge was super nice. $170 from the original $429 is pretty darn good I think. The trial by declaration was definitley worth doing.

minicrawlin · « **Reply #55 on:** Mar 21, 2011, 06:51:28 PM »

nice man!! thats awesome. every once in a while it works out. glad to hear!

kneedownnate · « **Reply #56 on:** Mar 21, 2011, 08:05:29 PM »

Congrats man, definitely worth it!

BUDDERS · « **Reply #57 on:** Mar 21, 2011, 09:28:42 PM »

I'm glad it worked for you. I got screwed over trying it that way.

BigMike · « **Reply #58 on:** Mar 22, 2011, 07:18:32 AM »

DUDE, that is AWESOME! I'm glad you took it to court, definitely worth it!

Gamera · « **Reply #59 on:** Mar 22, 2011, 11:48:42 AM »

more money for the baby =]

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