Well today after a bad day at work, I'm driving home about four miles from my house I get pulled over. This is the scenario: Driving on a one lane each direction road, speed limit is 40mph.

The cop said I was doing 60mph which was about right from what I recall. However, I was following behind the BMW in front of me that was traveling marginally faster then I was. The cop came around a blind curve from the opposite direction and immediately put on his lights and made a U-turn. He proceeded to speed up to me at which point I was doing 40mph and pulled me over and not the car that was in front of me & going faster then I was. He says I will be right back if you leave yours going to jail.

Cop tells me I was driving like a nut case and that I was racing the BMW in front of me. I respond by saying how was I racing it is a single lane road. Anyway he comes back and gives me a ticket for 60 in a 40. $208.50

Let me know your opinions on taking it to court:
1. The cop was a state trooper - Positive or Negative chances he will show up to court?
2. This all happened on a blind curve, I was closely following the car in front of me. I asked him for the read out of the radar gun and he said no. I asked him if he radar me or the car in front of me? He responds you were going around the corner at the same speed so it doesn’t matter. My point is if he only radar the car in front of me how can he be sure about my speed? Is this legit?

 

I don't know.

I would definitely have to call on the cops part, but then again, if you go to court and you have an ass of a DA like I did when I got my speeding ticket, and a judge who supports him...the judge may not rule in favor of you just because him and the DA are 'buddys' and that would be another mark in favor of the DA's record.


This was my situation.

It was New Years Eve (it's surprising I got pulled over) and my and my girlfriend were headed to another friends house to shoot fireworks over a lake. I was on a farm to market road that was at 55mph....I then turn on another road that I stupidly assume is 55 as well until I see a sign that says otherwise. I got down this road for just under four miles and not a single speed limit sign was there. Same situation as you (two lane, two way road); cop u-turns a calls me for 58 in a 40. Apparently it was a forty but didn't even have a speed limit sign until another 2 miles from where I was pulled over. I even got a video of it when I went into court...I made a good case for myself, and just as I thought the judge was going to declare me not guilty, I get smashed like a mosquito by his gavel. $185 + court fee.



I don't know, its a tough call. I guess it all depends on who the city/county DA is in your area. Hope all goes well with whatever you decide on.

Damnation on the justice system!

 

he nailed you for speeding. you were speeding. pay it and move on.

 

Yeah your word against his, The court will always favor the cop.
See if you can plead it out. Get a reduced fine & no points.

 

You're toast.

Get a reduction if you can.

The other car doesn't matter with regard to whether or not you were speeding - you can't use it as a rationalization of why you shouldn't have been ticketed. What I mean is, in the eyes of the law it is two completely separate things. You were speeding, you got caught. It's just bad luck he tagged you and not the Bimmer.

Cops know how to explain how they know you were speeding. The cop may not have to tell you his "proof", but the DA does.

Don't speed > Speeding Ticket.

 

lesson learned? don't speed.

 

yeah we all get them man... just think of it as paying your dues for the road you're driving on

 

And buy a V1

 

If you were driving a Kia, you could at least plead that there is no way you could have been racing a BMW. I guess you could go that route, but in a nice way so the judge doesn't screw with you.

 

Doing 60 mph on blind turns.

Come on man, even if the cop was guessing, thats pretty nutso driving if you ask me.

 

^ i know this may sound dumb, and id ont mean to thread jack, but how would i get a reduction? i got cought doing 65 in a 45, i own up to it, i sure as hell was speeding, but i dont want those points...

 

pay a lawyer to fix that for ya...

 

so i have to call my lawyer and ask him to speak to the DA for me?

 

In MN, you can go to the court clerk and say that you'll pay the fine, but you don't want it on your record. If you have a clean record, they'll keep it off 9 times out of 10.

 

does this count if i have somethign sealed on my record? they cant see that can they?

 

I dunno about "sealed"...

I've gone to court over a speeding ticket twice, once in 97, again in 02. Both for 10 over, both times I went to the clerk, DID NOT admit that I was speeding, but that I would be happy to pay the ticket and be on my way as long as it was kept off or expunged from my records. The clerk approved both times and I was on my merry way.

 

dope..thanks for the help

 

I don't want to make any accusations or assumptions, but people who have "bad" days at work then proceed to take it out on the road and everyone else on it by driving recklessly on the way home.....WTF. I see it almost every day driving home from work. RELAX PEOPLE.

 

That susks man. But it's usually hard to win when it's your word against a cop's. You can go to court and try to have it reduced so it will be less points.

 

Stop being an asshole driving 60+ on a blind turn racing snobby BMW drivers!

 

Traffic school will help you with dmv points and insurance issue. the fact is that you were going faster than the limit, thus is is hard for you to argue something that is not true. If you were truly driving under the limit, then go to court all the way. You know the cop didn't make mistake, so I don't know how you can argue there. Whether the bmw is going faster or not, cop will deal with him later, he wants to deal with you now.

 

phee, each state is a little different. Right now you have been accused, not found guilty.

If you return the ticket with the fine, that's a guilty plea and you get points or whatever GA does.

If you go to the Clerk or DA or Asst DA (whatever you need to do in GA), you're basically pleading guilty to a lesser violation.

I got a 45 in a 35. That's 10 over, so it's license and insurance points. Had a clean record though. Went to my court date and spoke with the Asst DA. Asked for a reduction. I got 36 in a 35, which is no points.

BUT the fine was the same - $160 - $50 fine plus $110 court costs.

A lot of lawyers will do these for ~$100 plus fines and court costs. It's less than the increased insurance and you don't have to go to court.

 

trial by written declaration has worked for me once, I did it for my girlfriend once and it also worked. Not sure of laws in your state, but try looking up the basic speed law, fight it and claim you were doing 45-50 and that the conditions allowed for your speed. Also mention that he didnt use radar/laser to measure your speed, and measuring from head on is even less credible (even though officers are trained to measure a cars speed visually, and they do it pretty damned good too...)

 

The statue on my ticket is 316.183.2, after doing some research this is the definition of the statue:316.183 Unlawful speed

(2) On all streets or highways, the maximum speed limits for all vehicles must be 30 miles per hour in business or residence districts, and 55 miles per hour at any time at all other locations. However, with respect to a residence district, a county or municipality may set a maximum speed limit of 20 or 25 miles per hour on local streets and highways after an investigation determines that such a limit is reasonable. It is not necessary to conduct a separate investigation for each residence district. The minimum speed limit on all highways that comprise a part of the National System of Interstate and Defense Highways and have not fewer than four lanes is 40 miles per hour.

If I understand this statue, how does this apply to my ticket? The speed limit on the road was 40mph and he supposedly clocked me doing 60... Is this not the wrong statue?

It seems like the statue the officer should of given me was 316.187.1:
316.187 Establishment of state speed zones.--

(1) Whenever the Department of Transportation determines, upon the basis of an engineering and traffic investigation, that any speed is greater or less than is reasonable or safe under the conditions found to exist at any intersection or other place, or upon any part of a highway outside of a municipality or upon any state roads, connecting links or extensions thereof within a municipality, the Department of Transportation may determine and declare a reasonable and safe speed limit thereat which shall be effective when appropriate signs giving notice thereof are erected at the intersection or other place or part of the highway.

Any advice?

 

My advice:

Stop acting like the pansy spoiled brat you are, and just own up to the fact you got busted breaking the law.

 

well here in tx... i pay my lawyer like 65-75 bucks and he takes care of the ticket for me...

 

If you can do it, plead no contest. That means you don't think you're guilty but you agree that you won't be able to prove it.

I recently did this in Portland. They allow a written response to go with it, which the court will read. I wrote a brief, non adversarial letter explaining why I thought I was being hosed (mobile photo radar), and checked the NC box on the back.

Got my fine reduced to less than half.

 

or plead not guilty and let the cop not show up to the court date assigned... DISMISSED =)

 

In this case you did save the money, but I don't think you would qualify for traffic school if you are allowed to attend one.

 

I am pretty sure he used the wrong statue on my ticket. If anyone knows for sure, per the statue, is it possible to give a ticket on a 40mph limit road under FL statue 316.183.2

Thank you.

 

I hope the judge laughs in your face.

Its statute you fucking moron.

 

I wish the cop hadn't shown up to my hearing......

 

ahhhh bro that sucks lol.. well thats the chance u have to be willing to take when u do that...

 

Ok you bald piece of shit. Go push around your film cart, what a fucken joke.

 

you still dont get it

 

Bingo.

 

I've always been a "do the crime, pay the fine" type, but it might be better to plead it out to see if you can get a reduced fine (and no points).

 

dude..we have seen your pic...did you forget?

 

Just get a lawyer and hope for the best. I QUICKLY grew out of my teenager driving phase because of a ticket i recieved. very luckily, i had a good lawyer and it got dropped (COMPLETELY). Just so you know, ticket situations have a lot to do with luck. There is a ton of negotiation involved, a whole lot, and you have absolutely no say in it. It's all about what's going around at that time because the DA may choose to let your ticket go in order to win another one. That's what happened to mine. It's all luck, so just pray that you get lucky.

and it's "statuTe" not statue, i don't think you understood before

 

Out of curiosity why was the fucking moron part necessary? The OP was speeding, but like most people he just doesn't want the points against him. I don't see any problems with him trying to discuss statutes with fellow a-cl members? Is there a personal vendetta against each other from prior times or something? Maybe I'm missing something?