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Discussion Starter #1
Ok...I've seen all the ticket threads lately and i'm going to jump on the boat...but i'm not blaming the cop or calling him names...nothing. Was I speeding, yes. Was the cop just doing his job, yes. Chances are i'm going to just pay the ticket but i'll get into that at the end of the little story.

Anyway, I was stopped at a light and when it turned green I took off. Saw the motorcycle cop way to late sitting on the sidewalk doing laser. He turned on his lights and I pulled over. No big deal. He asks me the routine questions (ie. do you know how fast you were going? in a hurry? etc.) But then he asked me if my license was suspended which through me for a loop...no clue as to why he asked me this question. So he tells me i was doing 53 in a 35. Ok...no big deal. So he goes back, grabs the laser gun and shows it to me. It says 54. This is question 1...do I go to court and say that he originally told me I was going 53 but when he came back with the laser gun it magically said 54...or is that not even a reasonable argument since its only a 1 mph difference. EDIT: How do I know he got me with the laser and not someone else?

Okay...thats the first part. So I call the prepayment information number and it says I have to pay court fees + $5 per each mph over. But then I decide to check their website and it says I have to pay court fees + $3 over. So I printed out the site where it says the $3 per each mph and might just highlight it and send it in with my check...i'm just wondering if they'll hold me responsible for their mistake at a later date.

So thats it. Any ideas? Thanks.
 

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if the radar gun says 54, and he told you 53. why are you gonna fight it? the radar gun has the proof. you want to pay the extra 3 or 5bucks?

as for the amount you should pay.. that's a toss up. you can try to pay the $3 one, and if it's not enough.. they will probably send you a notice of short payment. If you pay the $5, and it was only 3, they will probably send you a refund check.



*I heard from someone that if you overpay your tickets by a buck or 2, and they send you a refund check... don't cash it. If you cash it, it will complete your transaction, and the points will be added to your records. I'm not sure if this is true or not, but this is what I was told a year ago, by a friend who went to traffic school.
 

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kraze8 said:
*I heard from someone that if you overpay your tickets by a buck or 2, and they send you a refund check... don't cash it. If you cash it, it will complete your transaction, and the points will be added to your records. I'm not sure if this is true or not, but this is what I was told a year ago, by a friend who went to traffic school.
i've heard that too, but not $1-2, more like $5-10.
 

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Discussion Starter #4
kraze8 said:
if the radar gun says 54, and he told you 53. why are you gonna fight it? the radar gun has the proof. you want to pay the extra 3 or 5bucks?

as for the amount you should pay.. that's a toss up. you can try to pay the $3 one, and if it's not enough.. they will probably send you a notice of short payment. If you pay the $5, and it was only 3, they will probably send you a refund check.

*I heard from someone that if you overpay your tickets by a buck or 2, and they send you a refund check... don't cash it. If you cash it, it will complete your transaction, and the points will be added to your records. I'm not sure if this is true or not, but this is what I was told a year ago, by a friend who went to traffic school.
You're right...just wondering why he told me 53 instead of 54 in the first place...could he have clocked someone else at 54 and pulled me over by mistake? Also, thats why I'm asking this question...if I go to court they might charge me the $5 instead of the $3 so I might as well save some money and pay early.

*Have heard this is total BS.
 

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EDIT: How do I know he got me with the laser and not someone else?
I got a ticket from a radar trap that wasnt mine. I was leaving my soccer game and turning left onto a busy street in vancouver, one of my team mates was in the car infront of me and when the left turn arrow came on, he booked it and took off.. Less the a block away the officers waiting pulled me over and I got his ticket. Next day at practice, he was all "Yea some guy got my ticket yesterday after practice!" i wanted to punch him.
 

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kraze8 said:
*I heard from someone that if you overpay your tickets by a buck or 2, and they send you a refund check... don't cash it. If you cash it, it will complete your transaction, and the points will be added to your records. I'm not sure if this is true or not, but this is what I was told a year ago, by a friend who went to traffic school.
I heard this was true too.. but a few years ago, a friend (from Cali) got busted in NY for speeding.. he sent in an overpayment but the whole check was returned.. meaning, they didnt even bother trying to process it.. they just said that he overpaid, returned his check, and he needed to send a new check..

Also, I went to court before because I was sure there was no way the cop got me on radar.. reason was, we were coming down a long single-lane straight.. my friend in his CRX was trying to take off on me.. I was in my RX7 T2 so I had no trouble tailgating him.. about half a mile down, the cop waves us to the side of the road.. when I went to court, I had drawings and approximate distances and even tried to use some geometry on the cop.. but he just kept saying, "I had a clear line of sight".. then he demonstrated how he would got the speed on the CRX, pointed the gun down to "reset" it, and aimed it at my car.. the judge didnt seem to phased by my arguement.. in the end, the judge asked me, "why are you here ? from your arguement, you're saying you were closely following the CRX which tells me you were speeding anyway".. and I said, "well, I'm not arguing whether I was speeding or not, I'm here to argue that I believe the officer was not able to determine my speed because he could not even see me".. the cop was a prick and kind of chucked to himself.. in the end, the judge gave me the minimum fine..

Point is, 53 or 54, you're still speeding.. you can try to argue that the cop lied or made up the numbers or got the wrong car, but he's not going to go to court to look like a dumbass.. when he shows up to court, he'll tell you crap like when his gun was calibrated, how long he's been using radar, how long he's been on the police force, etc.. all to build his own credibility.. you, on the other hand, have no credibility in comparison to the officer and your only evidence of "mischief" on the officer's part is that he told you 53 versus 54.. I don't think thats going to fly with the judge..
 

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the overpayment trick is a load of BS... it DOES NOT WORK.

Take him to court, plead not guilty...

Whenthe court date arrives you will most likely be able to plea bargin w/ the prosecutor... they want the $ at this point, and not the additional cost (time/$) of dealing w/ you.

They will reduce the charge, take whatever offer they give you and pay the cashier.

its worth the work to save points/$.
 

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msm2002 said:
Ok...I've seen all the ticket threads lately and i'm going to jump on the boat...but i'm not blaming the cop or calling him names...nothing. Was I speeding, yes. Was the cop just doing his job, yes. Chances are i'm going to just pay the ticket but i'll get into that at the end of the little story.

Anyway, I was stopped at a light and when it turned green I took off. Saw the motorcycle cop way to late sitting on the sidewalk doing laser. He turned on his lights and I pulled over. No big deal. He asks me the routine questions (ie. do you know how fast you were going? in a hurry? etc.) But then he asked me if my license was suspended which through me for a loop...no clue as to why he asked me this question. So he tells me i was doing 53 in a 35. Ok...no big deal. So he goes back, grabs the laser gun and shows it to me. It says 54. This is question 1...do I go to court and say that he originally told me I was going 53 but when he came back with the laser gun it magically said 54...or is that not even a reasonable argument since its only a 1 mph difference. EDIT: How do I know he got me with the laser and not someone else?

Okay...thats the first part. So I call the prepayment information number and it says I have to pay court fees + $5 per each mph over. But then I decide to check their website and it says I have to pay court fees + $3 over. So I printed out the site where it says the $3 per each mph and might just highlight it and send it in with my check...i'm just wondering if they'll hold me responsible for their mistake at a later date.

So thats it. Any ideas? Thanks.
"So he tells me i was doing 53 in a 35" - so tell him you have dyslexia and thought you were doing the speed limit.

jk.
 

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Soybomb is an old pro.... do as he says...


just some background info...


traffic tickets are revenue sources, nothing more, nothing less. They want money. If you take it to court, they quickly loose their revenue stream. If only 10% of people would fight their tickets, the court system in most states would go bankrupt trying to get through all the cases. Find out if Virginia allows a jury trial, if they do, ASK FOR IT... sure it might sound like overkill, and you have to shell out the cash to pay the jurors, but keep in mind they will never let it go to trial. Think of all the wasted money in court for a stupid speeding ticket. They will settle before it ever goes to trial.

Do like soy says, plead not guilty, wait for your trial. Odds are they will throw a no points, reduced fine plea bargain your way, and youll be all set.
 

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I wouldn't argue the 53/54 issue. He could have last looked and it said 53, but the time he hit his lights to stop you, you probably hit 54. As far as getting someone else, did you notice anyone next to you going the same speed? Or faster? Lasers are pretty damn accurate and a judge would probably not listen to that argument.

Here's what I would do. Set up a court date, plead "no contest". It basically says you're not contesting the ticket, but want to plead your case with the judge. Many times (personal experience) the ticketing officer won't even show up and it gets thrown out for "lack of prosecution". No fine, no points. You walk away clean. Even if he shows up, you could plead the $3/$5 difference and the judge may just reduce your fine. And you can be nice to the judge. Don't kiss his ass, just appear like a nice guy. He may just reduce the fine anyway.

The risk you take is that you will get the points on your record if the officer does make an appearance. If you're eligible for traffic school, and don't want (or can't afford) the points on your license, that may be a better choice.

D-
 

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msm2002 said:
EDIT: How do I know he got me with the laser and not someone else?
If he used laser, he can isolate you from a group of cars. So its hard to argue if it was you or someone else.

If it was me, I would plead not guilty and claim I was going slower that what he said. It has worked for me in the past.

Good Luck. :)
 

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Here's my .02: There's no way he can prove that he actually clocked you going any speed. Short of a certified camera/laser gun setup that takes a picture of exactly what the gun was pointing at when the radar was snapped and files it away along with the speed... there's nothing a cop can do except say he pointed it at you.

Unfortunately, with our legal system, they don't have to actually prove anything. The cop can say whatever he wants, and they'll believe him. end of story.

I'd still go to court though, perhaps the cop won't show, or perhaps they'll reduce the fine just to get you to pay. Never know until you try.
 

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Discussion Starter #14
Thanks for all the advice..court date is August 19th and i'll let you know what happens. Do appreciate it.
 
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