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I have a question about speeding tickets
I was just flowing with traffic this morning on my way to work and I got pulled over by a cop on the side of the highway who had what looked like a radar gun in his hand.
When I pulled over he asked me if I knew I was going 71 mph and I said I was flowing with traffic. There was a guy in front of me and we were going almost the same speed. When I told the cop this he said it doesn't matter and that if the guy in front of me was going 69 mph and I was going 71 mph he wouldn't pull him over. Is this something that's legal? I mean the posted speed was 60 mph and not a single person on the road was going 60ph. He basically ended up giving me a ticket with reduced speed (65 mph). In any case, can I wiggle my way out of this ticket? Also, do those radar guns have a camera that takes pictures. I want to know if there is a chance that he might have a picture showing my speed? |
Re: I have a question about speeding tickets
There are several ways to beat a ticket, and there are several books written by retired cops which describe the most effective ways to do so. I have heard several retired cops say something like, "ALWAYS fight a ticket, because you'll get off more times than not."
However, there are consequences if you lose. Most tickets give you the option of paying a fine, and taking a driver improvement course to avoid points (if your state uses a point system). Usually this is better than fighting the ticket, because if you fight you risk getting points. If you fight, the cop and/or the city must do the paperwork to prove their case. This usually involves evidence of speeding (some kind of report from the radar gun), and evidence that the method used to determine speed is accurate and reliable. Radar guns need to be calibrated regulary, and if the calibration has expired for the radar gun in use, then any measurements taken with said gun are invalid. The argument that there were other people speeding isn't going to help, unless you can prove that to drive slower would have been unsafe (not likely). The bottom line is that everybody was breaking the law, and the cop can choose which law breaker to pursue. Good luck. |
Re: I have a question about speeding tickets
BTW, a speeding ticket for 5 mph over usually isn't that bad. I'd just pay the Man, and get on with my life. It'd require much less effort than fighting. The Man knows this, and the ultimate goal is to rake in the dough. So, they want to make it an easy decision for the people about whether to pay or fight.
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Re: I have a question about speeding tickets
My Uncle is a cop and this is comming from him. The radar guns are accurate with in +/-5mph of your speed. So to write you up a ticket for only going 5mph over rather than the 11mph over is insane, the cop is taking the time to write you the ticket so why not write you up for the additonal 6mph. Either way though, any cop that uses the radar gun has to be trained regularly on them, so if you do fight it I would request, which the police office has to give you, the calibration records for the gun and the officers that are currently trained on using the equipment....
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Re: I have a question about speeding tickets
One of my teachers in high school was once telling our law class about a time when she got a speeding ticket where the cop said something that I've always found funny. Apparently my teacher used the same excuse, that everyone else was speeding and the cop responded with "[I]Ma'am, have you ever gone fishing? Did you catch all of them?"[/I]
Mheisig, feel free to use that one. |
Re: I have a question about speeding tickets
If your record over the past few years is clean chances are you can get it reduced in court. I think it's always best to go to court to see what they can do.
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Re: I have a question about speeding tickets
Yeah if you have cheap access to a lawyer(a friend) then do it. Because alot of times cops have radar guns that have not been checked in a while, and they are expired. Lawyer is always a good bet to get out of tickets, especially if this is final ticket of many that will land the big fine.
Plus always show up to court and present a clean record if you have one. If you don't have a good record, bring verification of any driver improvement classes you have been to. If you go to court and try to argue with the judge about what is fair and what is not, without a lawyer, you will be screwed. Either go alone and plead no contest, and briefly explain how you were going with the flow and you didnt know you were speeding but you understand it is hazardous. Basically bend over and apologize. If you are gonna plead not guilty and try to explain what is right and wrong, get a lawyer. |
Re: I have a question about speeding tickets
Be very careful! The worst thing you want to happen is that you LOSE and it show up on your driving record. If the aforementioned takes place then your insurance company can take the full pleasure of jacking your rates due to a moving violation at renewal.
Keep that in mind when you are thinking about this process. The cost to lose might be far greater than a win. |
Re: I have a question about speeding tickets
[QUOTE=saden1;270876]I was just flowing with traffic this morning on my way to work and I got pulled over by a cop on the side of the highway who had what looked like a radar gun in his hand.
When I pulled over he asked me if I knew I was going 71 mph and I said I was flowing with traffic. There was a guy in front of me and we were going almost the same speed. When I told the cop this he said it doesn't matter and that if the guy in front of me was going 69 mph and I was going 71 mph he wouldn't pull him over. Is this something that's legal? I mean the posted speed was 60 mph and not a single person on the road was going 60ph. He basically ended up giving me a ticket with reduced speed (65 mph). In any case, can I wiggle my way out of this ticket? Also, do those radar guns have a camera that takes pictures. I want to know if there is a chance that he might have a picture showing my speed?[/QUOTE] Looks like it was your lucky day. I'd go play a lottery ticket if I were you. |
Re: I have a question about speeding tickets
[quote=saden1;270876]I was just flowing with traffic this morning on my way to work and I got pulled over by a cop on the side of the highway who had what looked like a radar gun in his hand.
When I pulled over he asked me if I knew I was going 71 mph and I said I was flowing with traffic. There was a guy in front of me and we were going almost the same speed. When I told the cop this he said it doesn't matter and that if the guy in front of me was going 69 mph and I was going 71 mph he wouldn't pull him over. Is this something that's legal? I mean the posted speed was 60 mph and not a single person on the road was going 60ph. He basically ended up giving me a ticket with reduced speed (65 mph). In any case, can I wiggle my way out of this ticket? Also, do those radar guns have a camera that takes pictures. I want to know if there is a chance that he might have a picture showing my speed?[/quote] What bizarre day was it in Seattle when you were able to go above 15 mph during morning traffic? |
Re: I have a question about speeding tickets
5 miles over? Pay it and move on. It's not worth your hassle unless the cumulative effect impacts your insurance.
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Re: I have a question about speeding tickets
in the US, the "you didn't stop the other guy" defense isn't valid. In turkey, it is.
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Re: I have a question about speeding tickets
I've been told that if you request trial by jury they will dismiss it every time,I guess because its not worth it to the city to waste time with a jury trial over a speeding ticket,I've never had the balls to try it because if it doesnt work you have to pay the court cost and the fine
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Re: I have a question about speeding tickets
I always find it interesting that cops can pull you over for speeding and write you a ticket without providing you with any sort of proof. In Virginia they don't even have to show you their radar. So they could pull anyone over they want, write a ticket, and get away with it scott free. Maybe someone here can correct me, but is there any safeguard from this?
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Re: I have a question about speeding tickets
I know when I got pulled over in Arlington 2 years ago, the police officer showed me the radar gun...
All you can do is politely ask to see the radar gun. If they don't show it to you, take it to court and follow Redskins8588's direction to ask for calibration records. |
Re: I have a question about speeding tickets
[quote=jbcjr14;270888]Be very careful! The worst thing you want to happen is that you LOSE and it show up on your driving record. If the aforementioned takes place then your insurance company can take the full pleasure of jacking your rates due to a moving violation at renewal.
Keep that in mind when you are thinking about this process. The cost to lose might be far greater than a win.[/quote] Not always. It depends on the CO. and the type of policy you have if they even charge for moving violations most do in some ways. Allot of Ins. Co. do not even pull driving records on renewals unless there was other activity (like an accident or other claim).Its cost about $7.00 for them to pull one and if you times that by the thousands of customers they have it becomes a bigger cost to pull the record than the lost premium they would get for the tickets. |
Re: I have a question about speeding tickets
[quote=Redskins8588;270882]My Uncle is a cop and this is comming from him. The radar guns are accurate with in +/-5mph of your speed. So to write you up a ticket for only going 5mph over rather than the 11mph over is insane, the cop is taking the time to write you the ticket so why not write you up for the additonal 6mph. Either way though, any cop that uses the radar gun has to be trained regularly on them, so if you do fight it I would request, which the police office has to give you, the calibration records for the gun and the officers that are currently trained on using the equipment....[/quote]You do not need a lawyer to make sure that the gun had been calibrated. This is normal proceedure for them to have this done and if you go to court just ask the officer for the calibration record. If it was expired at the time you received the ticket just ask the officer how does he know it was working properly. Then ask the judge to dismiss the case due to the fact the calibration was out of date. Thats all a lawyer will do and most judges will throw out the case. Good luck. I'm no lawyer so this is just my 2 cents worth.
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Re: I have a question about speeding tickets
I got a speeding ticket a few weeks ago when i was heading up to DC for my mom's bday. It was in Prince William Co. I was charged with going 80 in the i95 HOV lane, when the speed limit was 65.
I got 1 maybe 2 speeding tickets when i was 16 (about 12 years ago), however, they are both off my record or got dismissed because they make minors take driving classes. I did however get an "illegal lane change" about 2-3 years ago. Other then that my driving record is clean. The cop even made a mention of this when he wrote me up. Does anyone have any advice on what i should do in court, besides hope that the cop doesnt show up? Has anyone actually [B][I]personally[/I][/B] gotten out of a speeding ticket and not just because the cop didnt show up? Saden what happened to you? |
Re: I have a question about speeding tickets
MLM -- I was under the impression in VA that every ticket for 80+ is considered reckless. Maybe it's 81+ for Reckless.
Going 80 on 95 is the rule, not the exception. No real advice for you, but just curious. If it's reckless -- hire a lawyer. |
Re: I have a question about speeding tickets
Yeah it's tough to get out of a ticket, at least in my case it is. My advice would be to fight it. My last ticket (pulled over Sept. 2010 for doing 56 in a 35) I hired a lawyer and fought it all the way through the appeal but still lost. They didn't even offer me a plea deal, probably because it was my 4th ticket (previous 3 for speeding and a reckless for excessive speeding that I previously posted on here about). Long story short I dug my own grave lol, I actually took a clinic on Saturday voluntarily that finally got my points back to 0.
As far as fighting it goes, I paid 500 for the lawyer, and after I was convicted the fine and court costs were about 250 bucks so I spent about 750 total, and still got convicted and -6 points on my license. So yeah in other words don't be like me. It is worth your time to fight it though, because a person with your record they'll probably be willing to do a plea deal with at the least. |
Re: I have a question about speeding tickets
You may want to ask people that have gotten tickets in your area and see how they dealt with it or how it works in that jurisdiction. I have gotten two tickets in two different jurisdictions: Montgomery Co. MD and Howard Co., MD. In both cases, it was worth going to court for the tickets to reduce the penalty. If memory serves me right, in Montgomery County, they automatically reduced the charge to 5 mph over the speed limit and reduced the fine by me showing up and pleading guilty. In Howard Co., I brought and submitted my driving record (which was clean), plead guilty, and received probation before judgement (PBJ). I don't think either ticket ended up on my record.
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Re: I have a question about speeding tickets
If you are in Fairfax County you are fawked!
If some cities were built on Rock and Roll; Fairfax county was built on Speeding tickets and DUI's. [IMG]http://t1.gstatic.com/images?q=tbn:ANd9GcTuzF3R5qtie1sAUe2z_YEIDJoZnPjWlI0mY7uxX2DkXOfxVqurQA[/IMG] |
Re: I have a question about speeding tickets
@ Daseal - The cop said i was going 82 or 83 or something but that he didnt want to write me up for reckless so he knocked it down to 80. I think reckless in VA is above 80 or more than 20 over. Hopefully he didnt mess up and meant to knock it down to 79.
@ Mooby - i fought my Illegal Lane Change in court a couple years back. The police officer straight up lied. Like lied lied. The judge processed traffic offenders like a meat plant worker. Everyone in front of me was found guilty. It didnt matter what you said, you were found guilty. I think she even felt for my defense because as i walked away she stoped me and said "Mr. mlmpetert you do have the right to appeal my decision". I just looked at her. This has left me with the impression that with most traffic court judges it's normally impossible to fight a ticket in the first hearing. The only way to fight and win is through the appellate process. I definitely do not want to appeal. Im in Richmond and driving to PW and taking more than 1 day off work isnt gonna happen. I just want to make sure this nothing obvious i should do that could help. At this point my plan is to beg for forgiveness and say i only have a illegal lane change on my record. As a note I also got a registration ticket because I forgot to register my car. I apologized to the cop and completely took ownership on it. I registered the next Monday and printed my receipt so I expect to get out of that. |
Re: I have a question about speeding tickets
[quote=Ruhskins;909636]You may want to ask people that have gotten tickets in your area and see how they dealt with it or how it works in that jurisdiction. I have gotten two tickets in two different jurisdictions: Montgomery Co. MD and Howard Co., MD. [B]In both cases, it was worth going to court for the tickets to reduce the penalty[/B]. If memory serves me right, in Montgomery County, they automatically reduced the charge to 5 mph over the speed limit and reduced the fine by me showing up and pleading guilty. In Howard Co., [B]I brought and submitted my driving record (which was clean), plead guilty, and received probation before judgement (PBJ).[/B] I don't think either ticket ended up on my record.[/quote]
Thats basically my plan at this point. Damn good idea! Definetly getting my driving record printed. |
Re: I have a question about speeding tickets
[quote=mredskins;909639]If you are in Fairfax County you are fawked!
If some cities were built on Rock and Roll; Fairfax county was built on Speeding tickets and DUI's. [/quote] [COLOR=black][FONT=Verdana]Yeah the economics behind speeding tickets and dui's, particularly in some counties, should be straight up un-constitutional. There should never be a financial incentive in finding people guilty for anything. But that’s another topic…..[/FONT][/COLOR] This happened in Prince William. And was by a State Trooper. |
Re: I have a question about speeding tickets
You were speeding...go to court apologize and the judge will knock it down some. Trying to turn it into some grand proceeding will probably only agitate the judge who will still find you guilty and not knock it down.
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Re: I have a question about speeding tickets
[quote=mredskins;909639]If you are in Fairfax County you are fawked!
If some cities were built on Rock and Roll; Fairfax county was built on Speeding tickets and DUI's. [IMG]http://t1.gstatic.com/images?q=tbn:ANd9GcTuzF3R5qtie1sAUe2z_YEIDJoZnPjWlI0mY7uxX2DkXOfxVqurQA[/IMG][/quote] More like a housing bubble and real estate taxes. |
Re: I have a question about speeding tickets
[quote=FRPLG;909654]More like a housing bubble and real estate taxes.[/quote]
and some shitty ass attitudes |
Re: I have a question about speeding tickets
[quote=FRPLG;909654]More like a housing bubble and real estate taxes.[/quote]
Don't forget property taxes (car) as well. IF you have to live in that area do yourself a favor and try to live in Fairfax [I][B]City[/B][/I]. It is like a little oasis in the middle of Fairfax County. |
Re: I have a question about speeding tickets
[quote=FRPLG;909653]You were speeding...go to court apologize and the judge will knock it down some. Trying to turn it into some grand proceeding will probably only agitate the judge who will still find you guilty and not knock it down.[/quote]
Yep. Doesn't matter how many other people were breaking the law, so were you and you got caught. Be a man and accept the consequences. If you TRULY believe you were not speeding, show up at the hearing and use the radar calibration approach. Usually, just for showing up, they'll reduce your penalty or scrap the insurance points. But, you were speeding, you admitted it already...just pay it and move on. |
Re: I have a question about speeding tickets
it wasn't unusual to see a dozen cops a day in howard county. i see about a dozen a month out here. i don't drive like an animal anymore anyway, i have 1 speeding ticket in the last 4 years
i have never got out of a ticket in court, i've always had the fine cut in half. i did get out of a ticket once on the way back from funtime. i think i was 17 or 18. my eyes were so red he had to have known i had sinned, it was almost 2am i told him my mom didn't know i took the car out, had to have it back before 2am. he checked my record, which was clean a whistle, and let me go |
Re: I have a question about speeding tickets
okay, here's the deal with tickets - this is mainly experience with fairfax co, but i imagine its about the same most places.
the officer's word is fact in the eyes of the judge. you can't talk to the officer, but if you have a lawyer, he can talk to the officer on your behalf (and normally they're pretty decent people). show up (WITH a lawyer if at all possible) - best case, the cop doesn't show (it happens, but it's one day a month for all their tickets, so it's really bad on them if they miss court). your lawyer can probably talk to the cop and getting it down to if he's reasonably well liked... i've seen 15mph over go down to failure to obey a sign. judges also tend to get the lawyered defendants in and out of the courthouse a lot quicker. second best case (and likely without a lawyer) - if you've got a clean record, you'll likely be told you have the option to take an online class ($60 and 4 hours or so) and the charge will disappear. even though this takes the time for court and the class, it's just as good as getting it dismissed basically. worst case you get stuck with it. arguing wagainst the cops word won't work, appealing won't get you anywhere, so it's not worth bothering with that. you can ask if the radar was calibrated (that CAN get the ticket kicked) but in fairfax co, they keep their stuff updated and on hand from everything i've seen. have certified driving records btw... the dmv can print them out, ask for the one used for court (there are 3 different versions, personal being 10 years, then like a 2 and 5 year one or something for court or employment or whatever). It cost almost nothing. you can also have an auto shop check your speedometer, that's usually good for knocking 2-3mph off. |
Re: I have a question about speeding tickets
I've gotten out of 2 tickets so far.
One, being on my cell phone in DC and 2, going 85+ in a 65 (I-270) My family is notorious for getting speeding tickets in Dinwiddie county VA (I-85, Virginia heading into NC) and I'm heading down to NC this weekend. *knocks on wood* |
Re: I have a question about speeding tickets
[quote=los panda;909663]it wasn't unusual to see a dozen cops a day in howard county. i see about a dozen a month out here. i don't drive like an animal anymore anyway, i have 1 speeding ticket in the last 4 years
i have never got out of a ticket in court, i've always had the fine cut in half. i did get out of a ticket once on the way back from funtime. i think i was 17 or 18. my eyes were so red he had to have known i had sinned, it was almost 2am i told him my mom didn't know i took the car out, had to have it back before 2am. he checked my record, which was clean a whistle, and let me go[/quote] I moved from Fairfax to Columbia; it was a dream in comparison. |
Re: I have a question about speeding tickets
[quote=DynamiteRave;909675]I've gotten out of 2 tickets so far.
One, being on my cell phone in DC and 2, going 85+ in a 65 (I-270) My family is notorious for getting speeding tickets in Dinwiddie county VA (I-85, Virginia heading into NC) and I'm heading down to NC this weekend. *knocks on wood*[/quote] 25YO female on a phone behind the wheel of a car? [IMG]http://redriverpak.files.wordpress.com/2011/07/183_fry-run-for-your-life.gif[/IMG] I get scared every time I see it. |
Re: I have a question about speeding tickets
Last time I went to court for my last speeding ticket, about a year and a half ago, one of the cops (not mine) didn't show up to court and the judge simply postponed all his cases to the cop's next available date. There was a lot of angry people leaving the courtroom lol. Naturally it was Fairfax County too.
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Re: I have a question about speeding tickets
What do you mean is it legal? You were going over the speed limit... how is it not legal to ticket you?
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Re: I have a question about speeding tickets
[quote=tryfuhl;909764]What do you mean is it legal? You were going over the speed limit... how is it not legal to ticket you?[/quote]
BWHAHA...what a question. I also just realized he said the limit was 60 and he was going 11 over, not a 65 zone...so yeah, the ticket was well-earned. Reminds me of the kids who steal a candy bar from the store and claim it's OK because it only cost a dollar. |
Re: I have a question about speeding tickets
[quote=DynamiteRave;909675]I've gotten out of 2 tickets so far.
One, being on my cell phone in DC and 2, going 85+ in a 65 (I-270) My family is notorious for getting speeding tickets in Dinwiddie county VA (I-85, Virginia heading into NC) and I'm heading down to NC this weekend. *knocks on wood*[/quote] *Note to self, avoid being on the road at the same time as DynamiteRave* |
Re: I have a question about speeding tickets
Rave is the reason I always park outside of DC and take the metro in...so I'm not on the road with her!
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