I'm trying to get some real life experience here.

I Used to drive way to fast, all the time when I was 16-21. I Got my self married, Impregnated the wife and of course drive much slower now.

I finally got my record all cleaned up, No tickets for 3 yrs, and all of the sudden not paying attention I got a speeding ticket over memorial day weekend. 65 in a 60, oh well, no big deal $70 fine. I mitigate and go to court to get it reduced, judge drops my fine $7.00... yeah it cost me more in gas and time from work then he dropped my ticket. I was pissed but oh well life goes on.

2 months later, I get busted again 65 in a 60. What really irritates me is this a freeway where I'm either getting passed or tailgated when I drive 65. Anyway, not wanting this to go on my record, and knowing mitigation is a waste of time. I decided to plead not guilty.

I'm already planning on sending a discovery request and a subpoena for the officer. I'm hoping that they drop the ball and do not get me all the info I request fast enough. and I can motion for a dismissal.

Can anyone else please give me some advise or something else to look for?

Thanks
-Chris

 

wow, That is freakin strict!! around here we get a freeway of 5 or 10 over the speed limit, I watched a cop clock one 69 in the 55, before.

My first speeding ticket(tho I got a small probation = stay out of legal trouble for 6 months and they will drop the ticket) was 60 in the 40..I got outraged by that for some odd reason...

but 65 in the 60?? wow, I watch people around here passing me in the 70!

I wish there was a way to argue a speeding ticket, but theres no possible way i dont suppose, unless they said they paced you, and didnt clock you, which would be slightly less accurate judement of speed.

Seeing as you are an older person, I wouldn't really worry about it, your insruance shouldnt go up should it.

when you go to court, just tell them. you were driving along and didnt realize you wre about 60 and about the time you began to slow down you were being stopped..

I just dont really see how they can charge you for five over..

thats my opinion.

good luck on that man.

 

Ialways run 80 in a 60 but never got caust i just am so tired when i get off work i dont pay attention. I honestly feel like a zombie cause i just bobble around in my seat doin all i can to stay awake.

But if they give you a day in driving school and drop the fine you better take it cause it keeps your record clean. Been to driving school 3 times now and it is worth it to have a clean record.

 

Even I would like to go to driving school, or some kind of driving school.

I would like to improve my skills, I feel the teachings I have recived are becoming inadequate..
I wish they would have gave me that option, but they gave me the easy way oiut...
(sorry for the offf-topic)

 

I am not trying to be mean about this, and I agree it sucks, but in the end there is a posted speed limit, and you surpassed that speed limit. Again not trying to be mean, it happens to everyone. My suggestion is you were doing 65 in a 60 which is speeding, and therefor are guilty. Maybe not as guilty as the person tailgating you nor the people passing you, but still when it comes to the law, in the wrong. I get speeding tickets all the time and get to watch my Husband speed all the time and never get caught. Maybe its the Proteges- lol, but seriously I am sorry to say it, but just pay it and go on with life. Most insurance companies dont care too much about 5 over.

 

The main route I take to work is just like what you are talking about.
It's an old urban highway--too few lanes, too many cars, and a 55 mph speed limit. I'd say the average driving speed is close to 65. If you go slower you will be passed by nearly everyone (except the occasional 1990 Lincoln doing 45)
and someone WILL eventually tailgate you.
The difference around here is, the state cops really don't seem to care to enforce the speed limit. I'd say at least once a week, I get passed by a state cop when I am doing more than 60. I'll usually just let him/her by and then get behind them.
The only place the state police are intent on enforcing speed limits is in the construction zones. And that's fine with me, I always slow through those.

As for the ticket, though, I tend to agree with Foxxxy. If you have time, take it to the magistrate and see if you get lucky. But whatever it ends up being, just pay it. There's not much chance of winning if you agree that you were speeding, even if the highway leaves you with little choice.

 

Around here the State Troopers are like that, except one, he's the most strict cop I have ever seeen!

he tried to write me for "Squeeling tires" just b/c someone had said I did.
He said in his mind he didnt belive I really did considering I was an auto, and my two buds had hondas both 5spd, So i got lucky..tho I would have LOVED to have went to court on that one b/c I was clean that day!

He's the most feared one around here, but I suppose with how strict they are up there, he is just normal to you. I guess none of us down here would survive...haha

anywho, good luck, maybe you will get lucky and get dismissed, i dont know how they work up there, but down here they are pretty lenient as long as its not a wreckless homicide or something..

 

Thank you for all the replies.

I take no one here has actually filled not guilty? That's kind of surprising giving this is a driving club more or less.

Only 1% of all people actually fight there speeding tickets. In some state's and counties this has became a major revenue source for the state. the accuracy of SMD's (speed measuring devices) are not fool proof. They used to run Photo cop in my area and 74% of all infractions issued were invalid but issued anyway. They cxl'd it here, but they still use it in other areas because people don't fight it and makes them a lot of money.

I'm not going to say I wasn't speeding, maybe I was, maybe I wasn't. I don't know, I was merging into traffic. All I know is that there way too many cars on the road for the Doppler to be 100% locked onto me.

I've fought them before and i'm 1 for 1. 1 win, 1 loss. This one is different because I need to prove beyond the preponderance of the evidence, Rather than beyond a reasonable doubt. That means the State has to prove 51% instead of 99%.

Since getting it reduced is not an option, I'm going to fight it. Better to have tried and failed than to have never tried at all.

 

that makes me think, perhaps he just had the radar on and it locked onto you and JUST MAYBE he was slowing down causing a longer return on the signal giving an extra 5 or so MPH to the reading....lol..just a thought

 

there are always going to be people driving faster/less safe than you and they never get caught. my suggestion, create a system where we can tag traffic violators with something embarrasing and then have law enforcement pick them up and parade them around town as bad drivers.

dont subpeona the cop who pulled you over, if they dont show up on the designated court date, the case is dismissed anyway. if the cop does show up, your best bet is to try and prove the cop, while serving the community to the best of their ability, made a mistake by pulling the wrong car over. thats difficult if he/she trailed you for a few miles while copying your speed. but if they were parked and had a radar pointed and gave chase after you drove by for example, it might be easier.

in the end, it depends on how leanient the judge is, and how honest the cop is. my friend got pulled over doing a 79 in a 60, even though he wasn't even going 65 with his mother in the passenger seat. clean record for 6 years, he even had his mother come in and testify but the cop told the judge he was jack rabbiting in and out of traffic and overtaking all the cars. judge sided with the cop and found my friend guilty.

 

That is what i'm afraid of. I may be able to prove my point but still get stuck with a judge thinking i'm a punk or a cop who lies.

I going to file a discovery request for the original ticket front and back, officers log book, full witness list, all sworn affidavits, training manual for the SMD, and any other evidence they plan to use against me. My hope is that they don't send me everything I request. Then I can have the case dissmissed for lack of evidence.

It is easier to fight a technicality than a dishonest cop.

 

or yet again, it could be possible that he picked on you b/c of your car.

Mazda makes some of the fastest looking cars I have ever seen, id prefer mazda over anything now, but it may have looked alot faster than you wre, but he also radared you, so that kinda kills that thought,

i thought you could only pace fronm the back
radar must be used on an approaching car or a car driving by...thats odd...

good luck on that anyways, maybe they will have a nice day and let you off.

 

He was a motorcycle cop, he was parked off the road and standing there with a Non laser Detector.

Basicaly it use's doppler rader. It sends out a radio wave when it hits your car it bouces back and uses a mathmatical formula to figure how mutch faster it came back and gives you the speed. basicly the same thing they use to see how fast a pitcher throws a baseball.

The police have to calibrate the device at the beginning of every shift to ensure it is accurate.

 

its really to bad you werent near an on ramp and say you were gaining speed to get into traffic..