Lexus IS Forum banner

1 - 18 of 18 Posts

·
Registered
Joined
·
230 Posts
Discussion Starter · #1 ·
ok guys i got a speeding ticket this morning but its different than your normal speeding ticket and i'd like to know what i can do to get out of it.

Heres what happened... I was traveling on this road coming home and this cop was traveling with oncoming traffic headed in the opposite direction.. i then find myself pulled over 1/2 mile- 3/4 mile down the road, mind you i went thru 2 lights and took a left down a different road. I wasn't trying to ditch him, shit i didnt even know he came up behind me until the last second.

So he pulls me over says he caught me way back in the beginning going to fast, he claims i was going 50mph. Now he ends up giving me a ticket, but theres no speed written on the ticket, he didnt write my actual speed and didnt write the posted speed. He gave me the ticket for $103.00. The infraction was Traveling to Fast 14-218a.

Now he went on to tell me that he didnt get me by radar and he says he saw me traveling to fast, he also said after we passed each other he did a u-turn and caught up to me down the road as i said in the first paragraph.

Now at this point i'd like to get out of it, now he never wrote a speed and jsut used eye sight to determine what i was doing. I obviously know to plead not guilty but would they nolly this ticket since theres no speed written on the ticket?

Basically I need to get out of this, i have 1 previous speeding ticket which was back in 05 and im turning 21 in march which would mean my insruance will go down, but who knows now, plus after getting this ticket i have to go to driver re-training course b/c i got a letter telling me that last year.

Anyone have any input that would be great.

Thanks Alot
 

·
Premium Member
Joined
·
23,314 Posts
He gave you a ticket based on judgement....fight it. There was actually a case not to long ago where a kid took a cop to court based on his judgement and threw a tennis ball across the room. The cops judgement was off by 23 MPH.....
 

·
Dr. JDM
Joined
·
9,332 Posts
fight that crap. you have to write a letter explaining everything, may not even need to go to court for it. i did it once and it worked (CA)
 
  • Like
Reactions: STC1709

·
Registered
Joined
·
854 Posts
since he did not write the speed, there is no way he can prove it now. Like what everyone else had said, it was probably judgement. He probably didn't even get you on radar. that is probably why he did not write it down. if you show up to court, he will not show up. Fight it :)
 

·
Registered
Joined
·
230 Posts
Discussion Starter · #5 ·
fight that crap. you have to write a letter explaining everything, may not even need to go to court for it. i did it once and it worked (CA)
so what your saying is that when i mail the ticket in not guilty i shud write a formalized letter and include it with the ticket in hopes that they nolly the ticket and i dont even have to appear in court?
 

·
Dr. JDM
Joined
·
9,332 Posts
depending on the laws in your state, you should look those up and make sure
 

·
Registered
Joined
·
230 Posts
Discussion Starter · #8 ·
i dont know what you mean by speed laws but this is the violation that the officer put down


Sec. 14-218a. Traveling unreasonably fast. Establishment of speed limits. (a) No person shall operate a motor vehicle upon any public highway of the state, or road of any specially chartered municipal association or any district organized under the provisions of chapter 105, a purpose of which is the construction and maintenance of roads and sidewalks, or on any parking area as defined in section 14-212, or upon a private road on which a speed limit has been established in accordance with this subsection, or upon any school property, at a rate of speed greater than is reasonable, having regard to the width, traffic and use of highway, road or parking area, the intersection of streets and weather conditions. The State Traffic Commission may determine speed limits which are reasonable and safe on any state highway, bridge or parkway built or maintained by the state, and differing limits may be established for different types of vehicles, and may erect or cause to be erected signs indicating such speed limits. The traffic authority of any town, city or borough may establish speed limits on streets, highways and bridges or in any parking area for ten cars or more or on any private road wholly within the municipality under its jurisdiction; provided such limit on streets, highways, bridges and parking areas for ten cars or more shall become effective only after application for approval thereof has been submitted in writing to the State Traffic Commission and a certificate of such approval has been forwarded by the commission to the traffic authority; and provided such signs giving notice of such speed limits shall have been erected as the State Traffic Commission directs, provided the erection of such signs on any private road shall be at the expense of the owner of such road. The presence of such signs adjacent to or on the highway or parking area for ten cars or more shall be prima facie evidence that they have been so placed under the direction of and with the approval of the State Traffic Commission. Approval of such speed limits may be revoked by said commission at any time if it deems such revocation to be in the interest of public safety and welfare, and thereupon such speed limits shall cease to be effective and any signs that have been erected shall be removed. Any speed in excess of such limits, other than speeding as provided for in section 14-219, shall be prima facie evidence that such speed is not reasonable, but the fact that the speed of a vehicle is lower than such limits shall not relieve the operator from the duty to decrease speed when a special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.



(b) The State Traffic Commission shall establish a speed limit of sixty-five miles per hour on any multiple lane, limited access highways that are suitable for a speed limit of sixty-five miles per hour, taking into consideration relevant factors including design, population of area and traffic flow.



(c) Any person who operates a motor vehicle at a greater rate of speed than is reasonable, other than speeding, as provided for in section 14-219, shall commit the infraction of traveling unreasonably fast.

for detecting speeds

Sec. 14-219c. Use of speed monitoring devices to support a conviction. A prima facie presumption of accuracy sufficient to support a conviction under section 14-219 will be accorded to a radar, speed monitoring laser, vascar device or any other speed monitoring device approved by the Commissioner of Public Safety only upon testimony by a competent police officer that: (1) The police officer operating the radar, laser, vascar device or other device has adequate training and experience in its operation; (2) the radar, laser, vascar device or other device was in proper working condition at the time of the arrest, established by proof that suggested methods of testing the proper functioning of the device were followed; (3) the radar, laser, vascar device or other device was used in an area where road conditions provide a minimum possibility of distortion; (4) if moving radar was used, the speed of the patrol car was verified; and (5) the radar, laser, vascar device or other device was expertly tested within a reasonable time following the arrest, and such testing was done by means which do not rely on the internal calibrations of such radar, laser, vascar device or other device.
 

·
Registered
Joined
·
3,015 Posts
if you both were traveling opposite directions there is no way he could even judge how fast you were going.. fight it
 

·
Registered
Joined
·
565 Posts
well actually if it goes to court the officer will say he can visually estimate your speed within 5 +/- MPH and its the truth trust me! my best friends dads a CHP and they all can do it. ive tested about 4 or 5 of them.
 

·
Registered
Joined
·
2,025 Posts
NO RADAR NO NOTHING THEN! The cop did not do his job properly or by procedure he will lose because of that. It's almost like tampering with evidence. He probably will not even show at court.
 

·
Registered
Joined
·
3,015 Posts
well actually if it goes to court the officer will say he can visually estimate your speed within 5 +/- MPH and its the truth trust me! my best friends dads a CHP and they all can do it. ive tested about 4 or 5 of them.
yeah but isnt that when they are traveling the same way. its impossible to estimate ones speed when say you are traveling S and the cop is traveling N
 
  • Like
Reactions: STC1709

·
Registered
Joined
·
2 Posts
Fight it. with no evidence the officer can't prove nothing. or find someone in the court system and get it fixed. haha... i have. or like other have said. the officer most likely won't show in court.
 

·
Registered
Joined
·
83 Posts
just fight it. if there's even the slightest chance you can win a ticket, you should always fight it.

1) if you win, your insurance won't go up.
2) you don't have to pay the dismissed ticket
3) chances are cops won't show up
4) you already stated the lack of proper procedure in writing you the ticket 5) i read in an article awhile ago that if they make an error in your ticket, you can fight it as it gave false information.

for $103, you should fight it. that's a pretty hefty fee. plus if you send in for an appeal, you can get more time to pay if u decide to last minute. =] good luck
 

·
Registered
Joined
·
172 Posts
Check out ticketassassin.com , lots of good information and help if you ever get a ticket.

-Will
 

·
Registered
Joined
·
119 Posts
I got a ticket a few months ago with simliar senario where cop was on other side and I was on side streets before he got me...he didnt have radar. I went and fought it told them what happened and the speed I was actually going and they let me go because I was so detailed and stressed that there was no way I was going that fast and it was based on his judgement...
 

·
Registered
Joined
·
37 Posts
you will only win depending on the mood of the judge.
Cops are trained to determine(without radar) if you are going to fast.
In my state they label it "Imprudent Speed", meaning they didnt clock you but by the "quickness" you passed him it was to fast.

So the only thing you can do is.
1) ask for a supporting deposition.
2) Pray the judge got "some" the night before.

like i said it ALL depends on what the judge wants to do...

I learned this today in the police academy.
 

·
Registered
Joined
·
230 Posts
Discussion Starter · #18 ·
you will only win depending on the mood of the judge.
Cops are trained to determine(without radar) if you are going to fast.
In my state they label it "Imprudent Speed", meaning they didnt clock you but by the "quickness" you passed him it was to fast.

So the only thing you can do is.
1) ask for a supporting deposition.
2) Pray the judge got "some" the night before.

like i said it ALL depends on what the judge wants to do...

I learned this today in the police academy.
yea well im going with my moms lawyer who is really good, so i think ill be ok
 
1 - 18 of 18 Posts
Top