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Wanted: advice on contesting a speeding ticket

Discussion in 'BBS Hangout' started by wnes, Jul 13, 2005.

  1. wnes

    wnes Contributing Member

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    I will be going to court to contest a speeding ticket tomorrow. Helpful advices are appreciated. Here's what happened.

    A month ago on a late Friday afternoon, I was returning home when I suddenly spotted a cop's car parked up front at the intersection of a cul-de-sac street in my subdivision. I slowed down subconsciously, but hell too late. The cop told me I was driving 43 over the 25 limit. I protested that I didn't believe I drove that fast and asked to see the reading on his laser gun. The cop replied I need to sign on the ticket first before he could show me the number, which I complied. When he returned from his car he said the reading went off because the meter associated with the laser gun had a built-in feature to save the battery.

    The fine itself is something like $65, which isn't too terrible, but I also have to pay a court fee - another $65 - even though I am not required to appear in court. This is just BS, extortion IMO. So I decided to contest the citation anyway in court by pleading not guilty during the hearing.

    My question, is the disappearing of the laser gun reading a good strategy in my defense? If a law-enforcement agent says you committed an offense which you have no idea of and you ask to see the evidence. He's like "hum I'll show you, wait... I don't have it now, but you are guilty anyhow".

    Please don't ask me if I did drive 43. I am evoking my 5th Amendment right. :D

    What is my chance of succeeding tomorrow in traffic court?
     
  2. bejezuz

    bejezuz Member

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    That all depends if the cop shows up or not.
     
  3. A-Train

    A-Train Member

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    I've always understood that if the cop shows up in court, it's basically your word against his and his word always wins, unless you have a witness or something else concrete...
     
  4. wnes

    wnes Contributing Member

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    Let's assume he does and I confront him with the meter thing and he doesn't deny.
     
  5. coma

    coma Member

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    I know this girl Roxanne, she's a friend of mine, who knows this guy name Chuck. Chuck’s cool with this guy named Rufus, his wife Cathy introduced me to the policeman that stopped you.

    As for your arguing against the cop, it's a fruitless endeavor. Either take the fine, or hire a lawyer to argue for you. The lawyer would be more expensive than the fine, but it's all up to you.
     
  6. Relativist

    Relativist Member

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    My dad once went through this elaborate thing to protest a speeding ticket. The argument was that one of the signs posting the reduced speed limit was obstructed, and so the speed limit appeared to jump from 50 down to 30 suddenly. He went and took Polaroids of the signs in question and prepared a diagram and a statement and everything. The officer was thrown off and didn't challenge any of my dad's points. The judge ruled in favor of my dad.

    I think you can win, but you do have to make it better than 'he says, she says'. Good luck.
     
  7. rrj_gamz

    rrj_gamz Member

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    I got stopped and the cop refused to show me the radar...***...Took Def. Driving and got stopped again near Austin and was refused Deferred Adj., which sucks, so I had to pay the ticket...In the end, its your word vs. their's and without proof, your done...pay the ticket...
     
  8. Fatty FatBastard

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    You want to get off? Or do you want to be right?

    If you want to get off, enter a plea of not guilty, trial by jury.

    When you go to jury trial, plan on taking the day off. You'll be there awhile. Then they'll eventually dismiss the ticket, contrary to all the empty threats they make during the day.
     
  9. bigtexxx

    bigtexxx Member

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    wnes - just quit speeding and wasting police and court resources. You're costing us taxpayers who pay for those things.
     
  10. Falcons Talon

    Falcons Talon Member

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    If you broke the rules, take it like a man. Don't try to weasel out of it. To the best of my knowledge, the police are not required to show you the radar readings.
     
  11. Davidoff

    Davidoff Member

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    Knock on wood... I have never been pulled over for speeding...

    From what I hear if change your court date about 3 times then go to court odds are very much in your favor that you will not get a ticket because the cop will not show up and you should ask to see the calibration records for the gun he used most are out of date and because of this you walk.. if it's a new POP Ka gun, BEE KA or Laser you could be screwed..
     
    #11 Davidoff, Jul 13, 2005
    Last edited: Jul 13, 2005
  12. Fatty FatBastard

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    Actually, cops are wrong, you know. I never speed. My friends can attest to this. It pisses them off to no end. However, a couple of years ago I was pulled over for going 50 in a 30. I literally asked the cop if he was high. He mumbled and told me to sign the ticket.

    If you can get off, do it. The Gov. needs to stop looking for revenue this way.
     
  13. Falcons Talon

    Falcons Talon Member

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    So if you break a rule, and you know you're wrong you should try to get out of it?

    If you're wrongfully accused, that's a different story altogether.
     
  14. flamingmoe

    flamingmoe Member

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    I've fought a ticket once. I got to court a little early to see how other people's cases went. Some got off b/c the cop didn't show, the cases where the cop did show were always convictions but given defered adjudication (probation).

    As the time neared for my case, my cop still hadn't showed up. I was thinking I was gonna get out of it, but at the last min, he showed up. We argued our case and sure enough, the judge found me guilty, but gave me probation instead of the ticket.
     
  15. Fatty FatBastard

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    Rulebreaking. What a joke. When City Council factors in ticket fines and fees into their budget, there is a problem. If you can get out of it, do so.
     
  16. MadMax

    MadMax Member

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    but if he was actually speeding. if he actually broke the law. then there should be no fine?? what should be the punishment??? jail time???
     
  17. swilkins

    swilkins Member

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    Anytime you go to trial, get an attorney. Sometimes they can work the system and it will get dismissed.

    I have an attorney, if anybody needs his name. I don't think he has lost a case involving any of my friends.

    He would have won this one for you. Too bad you waited so late. Perhaps you could reset it?

    Good luck
     
  18. wnes

    wnes Contributing Member

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    Wow the man of Rule of Law. Well the Rule of Law stipulates a man is presumably innocent until proven guilty. How are sure you I was speeding? Thanks for the moral advice though, which I take it to heart.
     
  19. Master Baiter

    Master Baiter Member

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    Yall cannot tell me that you do not think that police officers giving tickets is nothing more than a way of making money. Small towns THRIVE on it. Everyone knows that they have quotas even if they dont call it that. Everyone knows that near the end of the month that they are out like crazy just looking to pull people over. Everyone knows that if you get pulled over, get a ticket, and try to fight it that you will lose UNLESS they do not show up. How do you prove you were not speeding? Its their word against theirs and you will lose everytime. I feel its a bunch of crap as well.
     
  20. Falcons Talon

    Falcons Talon Member

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    LOL...did you take your sensitive pill today or something. Of course I don;t know if you were speeding or not. You won't fess up to that...remember--
    Hey, if you feel you can speed through a neighborhood, get caught, and cry about how the officer didn't jump through hoops for you, more power to you.

    Personally, If I got caught speeding, I would just take it like a man and pay the fine, ask for deferred adjudication, or take defensive driving...but of course, I was just brought up that way.
     

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