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Emit Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-13-05 09:31 PM
Original message
Any great ideas on how to beat a speeding ticket?
I was clocked by radar going 38 in a 25 mile an hour zone. I KNOW I wasn't going 38! I looked at my speedometer when I saw the cop, and I was under 30 (just slightly), so I didn't even break. My guess is that I was going 28 mph.

There was a large SUV coming up on my tail, speeding from what I could tell, faster than I was. Maybe the radar picked up his speed?

I don't know. At first I thought I'd just pay the damed ticket and get on with things. But it's been bugging me. I have a court date next Tuesday, and an appointment to get my speedometer checked tomorrow. It's a matter of principle, I think...and $115.00.

Any great ideas would be helpful.
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ScreamingMeemie Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-13-05 09:34 PM
Response to Original message
1. Part 1, the cop might not even show up. If he doesn't, you're off the
hook. Part 2, if your record is fairly clean you can ask the judge to "take it under advisement". If you go a year without another ticket, the fine and the points are wiped. :hi:
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Emit Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-13-05 11:55 PM
Response to Reply #1
11. Thanks for the great advice
I had always heard that if the cop doesn't show, then you're off the hook, but the last speeding ticket I got (more than 5 years ago now), that didn't seem to matter. I gave the judge some excuse and he said, "nope, doesn't fly, pay up." I didn't think to ask about the cop who had issued the ticket, though. But there were no cops in the court that day. If it happens like that this time, I will be sure to ask.


I had never heard of the "take it under advisement" thing, so I will ask about that.

I am going to call the court tomorrow and ask a few questions based on the info you gave me. Thanks! Thanks so much for the help.
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friesianrider Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-13-05 09:41 PM
Response to Original message
2. I would fight it, what the heck.
And tell the judge exactly what you just said and carry on as you were with getting the speedometer checked, etc. As someone else said, the cop might not even show up (although I hear they are starting to show up a lot more to defeat this belief that "cops never show up so always fight a ticket"). It sounds like the cop may have clocked the SUV instead of you.

I had something like this happen once - it was like a $450 parking ticket (!). It was a very snowy and icy night out and I was headed to the store to buy some cough medicine (I was sick). The only place open was some teeny little store I'd never been to but once or twice, so I parked where I thought was right next to the handicapped spot (the first "regular" spot). I was inside about 2 minutes, came out and had a ticket. Still couldn't see why, but I was sick and decided to come back a few days later. Apparently, there was a sign at the front the spot next to me that had an arrow pointing to my spot, too. But because it had been sleeting and snowing, the sign was nearly completely covered, as was the painted handicapped sign on the ground. I fought the ticket and the cop did show up...but I told the judge that I hadn;t so much as had a speeding ticket in years and I thought the fine was ridiculous given this isn't a repetitive thing for me, etc etc. Anyway, he dropped the fine to $100 - far better than what it would have been had I just paid it.

Anyway, sorry to blab on here :) But I'd definitely fight it if you think you weren't speeding. Maybe at least you can get it reduced. Good Luck!
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Emit Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-13-05 11:04 PM
Response to Reply #2
10. Thanks for that story about your ticket
Yes, I was thinking that the radar picked up the SUV instead of me, so I did a little research on that matter. Apparently, 20% of speeding tickets are given in error due to radar inaccuracies and operator errors and you can get a speeding ticket when someone else behind you drives faster than you.

I don't have a bad record. This is my fourth speeding ticket in 26 years--and one of those was tossed out. The problem is, the last ticket I got (about 5 years ago), I went in to fight it, offered up an "excuse," and it didn't get me anywhere (I think I told the judge something about keeping up with the speed of traffic).

This time, however, I feel differently about it. I know I wasn't going 38 mph, but just can't prove it.

I'm going to call the court tomorrow and find out what the procedure is, because in Reno here, I have never seen a cop in the municipal court when I've gone in on these tickets. So, maybe what others are saying that if the cop doesn't show, I can use that to my advantage (didn't seem to help last time, though).

BTW, I was going to a doc's appointment for my broken leg when this happened, which is another reason why I knew I wasn't speeding excessively---I was watching the clock, aware of the speed limit on this particular neighborhood street, and knew I didn't want to be speeding with my leg in a cast and all. The cop gave me no sympathy whatsoever, and I was 1/2 hour late to my appointment because he took his sweet time typing up the data!

Another curious thing, the ticket time is incorrect--printed from a littel computer ticket-giver thingy, and it's off by a good 15 minutes. I doubt that matters, but, I might bring that up in court.



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rateyes Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-14-05 08:23 PM
Response to Reply #10
25. Did the officer ask you if you wanted him to
calibrate his radar to check its accuracy? Even if the cop shows up you could ask him, "Are you sure it was me, and not the SUV behind me? When was the last time you calibrated the radar? Reasonable doubt gets you a "not guilty" verdict.

Bring all your evidence showing that your speedometer reads correctly, and that you looked at your speedometer when you saw the cop to make sure that you weren't speeding, and you weren't. Your word against his that is was you and not the SUV behind you.
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flvegan Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-13-05 09:48 PM
Response to Original message
3. Just show up.
Lotsa cops won't show for the "trial" and under your right to face the one making the accusation, it might get tossed (though some jurisdictions don't go by that anymore).

They're supposed to certify the radar each day, with a tuning fork, I believe. They should have that proof.

You should bring into question what the traffic conditions were like that day, at that time. If the answer is "heavy" then you can probably raise a reasonable doubt as to the target.

Also, double check the ticket for "typos" or misinformation. Sometimes that's enough.

In a last ditch effort, if your record is clean, plead Nolo Contendre (no contest) and maybe the judge witholds adjudication, and let's you go for court costs (no points on your license, etc).
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chaska Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-13-05 10:13 PM
Response to Reply #3
7. I second. Even if you don't have a leg to stand on, they will often...
reduce it. Even if you just answer "guilty", and nothing else, when they ask how you plead they will reduce it. I've done this.
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Emit Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-14-05 12:10 AM
Response to Reply #3
12. Thanks!
There is an error on the ticket, that being the "violation" and "issue" times. Although I doubt that matters, I, myself, was curious why these times were off so much. I was pulled over at just a few minutes before 10:30 (I had a doc appt at 10:30 and was very aware of the time--I even called the doc's office to let them know I was 'running late' and didn't get there until close to 11 am) and the times say 10:12 and 10:16.

Anyway, I might ask about that.


I'm nervous about getting into too much detail and contesting of the radar stuff, because I just don't know much about it all, and fear I would really get in over my head, especially if the cop is there (I have a little bit of stage fright---shy to speak in public).

I like the 'no contest' advice-- if the judge drops it to court costs, it would be half the cost. And, of course, I could do without the demerits on my records.
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melv Donating Member (506 posts) Send PM | Profile | Ignore Thu Oct-13-05 09:50 PM
Response to Original message
4. watch smokey and the bandit
those crazy bootleggers always had a way out of a speeding ticket.
:-0
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AccessGranted Donating Member (687 posts) Send PM | Profile | Ignore Thu Oct-13-05 10:00 PM
Response to Original message
5. Postpone it until you get the speedometer checked
First of all I would call the court and request that they postpone the matter. Tell them that you are having the speedometer checked and would like to have the results available to bring to the court appearance. Also, the longer you postpone it, the more likely it is that the police officer won't show up. Like the previous poster said, if the cop is a no-show you're good to go.

I would also call motor vehicles and request a full abstract of your driving record and take this to court as well. Hopefully, you have a great and flawless driving record.

I'd plead not guilty and show up in court armed and dangerous with my driving abstract (if it's good) and a bill from the mechanic that your speedometer was checked (even if nothing is wrong with it, it still shows that you are adamant about the fact that you were NOT speeding and that you are willing to ensure the safety of your vehicle nonetheless.)

Where I am a speeding ticket can result in points on your driving record which could add up to a driving suspension in the future if you get further violations. It could also result in an insurance surcharge. If you have a good driving record here, sometimes the judge will downgrade the ticket to a no-point violation or reduce the fine substantially. Well, that's how it is here in NJ.

Also, remember when you go to court don't accuse, argue or insinuate that the police officer was blind and stupid. Remember the courts are usually on the side of the police officer, but remain respectful.

Always refer to the judge as Your Honor and always refer to the police officer by name if you have it - Officer Smith or whatever. Request permission to speak and don't blurt things out.

Go to court well dressed and neat. Have your paperwork organized and easily accessible. Have an extra copy with you of everything to present to the judge.

Good luck to you!
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Emit Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-14-05 12:19 AM
Response to Reply #5
14. Wow! Thanks for all those pointers.
I hadn't thought about it, but I think now, after reading your post here, I will get a copy of my record. This is the fourth ticket I've received in the 26 years I've been driving. Although 4 sounds like a lot, the first one I got was thrown out for various reasons (small town NV judge had just been pulled over the preceding week for DUI--think he felt generous!!) Anyway, one of the other tickets was reduced for mitigating circumstances. I think, then, that only one went on record. I'm very curious now.

Also, I had read when I was researching this earlier today online about the radar thing that you should postpose the court date for as long as you can. I have until Monday to do that, so I might take that advice, as well. I have the appt to check the speedometer tomorrow. But, I need to find out about this 'cop not being in the court thing'---seems maybe that might not apply here in NV--as I stated on a couple of other posts above that in the past it didn't help me that the cop wasn't there. But, then again, I didn't ask about that either.

And, finally, your advice on talking to the judge is good. I have a hard time speaking in public, and last time I went in on a speeding ticket, I was in a room full of 60 people. I think I might have rushed and been flustered, and then made excuses about keeping up with the speed of traffic, and basically, was ill-prepared and not articulate.

This time, I will mind my p's and q's and be prepared! Thanks again!
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AccessGranted Donating Member (687 posts) Send PM | Profile | Ignore Fri Oct-14-05 07:51 PM
Response to Reply #14
22. You're Welcome and Best of Luck......
Hope it works out for you.
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rateyes Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-14-05 08:27 PM
Response to Reply #14
26. If his clock is off...
what's to say his radar wasn't off?
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Emit Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-15-05 09:55 AM
Response to Reply #26
27. That thought had crossed my mind n/t
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Poiuyt Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-13-05 10:13 PM
Response to Original message
6. Challenge the cop
Ask him if he's trying to be overly authoritative to make up for some kind of sexual inadequacy. He will be so humiliated, he will surely drop the charge. It works every time.
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KitchenWitch Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-13-05 10:14 PM
Response to Reply #6
8. And make sure you tell him you are a taxpayer
and ultimately his boss, they LOVE that

:sarcasm:
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Emit Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-14-05 01:07 AM
Response to Reply #6
16. Ooohhh, I wish I could....
I have no doubt that the cop who pulled me over was over compensating for a lack of something!

He had that classic mirror-sunglasses~deadpan~stern~macho kind of thing going on.

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Floogeldy Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-13-05 10:20 PM
Response to Original message
9. Do what Vincent LaGuardia Gambini did in "My Cousin Vinny"
Put the cop on the stand and argue with him until he agrees with you.

;)
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henslee Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-14-05 12:13 AM
Response to Original message
13. IMO, an attorney could probably beat it. Hard to beat it solo.
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bliss_eternal Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-14-05 12:29 AM
Response to Original message
15. Just wanted to wish you luck!
When I was ticketed years ago, for running a red light (I hadn't--it was yellow and the end of the month), I just paid it. I didn't want the stress or to take the chance of having it on my record.

So I paid it, and did a home-study drivers school so it wasn't on my record.

I hope you can get out of it! I received similiar advice about showing up in court, so that may be a great tip!
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KitchenWitch Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-14-05 01:10 AM
Response to Original message
17. Whatever you do
do not say, "I want a jury trial."

It will tick off the judge/referee! (I used do clerical work for the misdemeanor probation office in my county...the stories I could tell.)
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MarsThe Cat Donating Member (978 posts) Send PM | Profile | Ignore Fri Oct-14-05 01:34 AM
Response to Original message
18. what state are you in?
Edited on Fri Oct-14-05 01:34 AM by MarsThe Cat
in illinois- you can usually ask for "supervision"- which generally means going to traffic school for 4 hours, and if you don't get another ticket for 90 days, it won't go on your record.

also- if you go to court and the cop isn't there- you win.
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kittykatkoffeekup Donating Member (385 posts) Send PM | Profile | Ignore Fri Oct-14-05 01:41 AM
Response to Original message
19. Step by step instructions at this site
http://www.ticketassassin.com/

It's for Cali, but this will work almost anywhere.
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A HERETIC I AM Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-14-05 08:19 PM
Response to Reply #19
23. EXCELLENT ADVICE!!! Here's a link to a bunch more sites....
i googled "Fight traffic tickets" and got this:

http://www.google.com/search?hl=en&q=fight+traffic+tickets


research research research!!!!!

See my comments below (in a little while, anyway. After i type them)!
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REP Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-14-05 03:18 AM
Response to Original message
20. Get An Attorney; Plead "Defective Vehicle"
Keeps it off your record. And hell, maybe an attorney can help you challenge the ticket's merits, but I *was* speeding when I got my one and only speeding ticket, and I went the 'defective vehicle' route.
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Bassic Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-14-05 07:06 AM
Response to Original message
21. Ah the magical radar.
These things don't even record the speed I think?

They can pretty much say whatever they want, if they're having a bad day.
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sepia_steel Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-14-05 08:23 PM
Response to Original message
24. If nothing gets you off the hook, overpay.
And when the city mails you a check for the difference, don't cash it. Until the books are balanced, a lot of places can't report the violation. Keeps your insurance down.
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