Advice on getting out of 136mph in 60 zone, ticket | Page 4 | FerrariChat

Advice on getting out of 136mph in 60 zone, ticket

Discussion in 'Ferrari Discussion (not model specific)' started by clarkster, Feb 20, 2004.

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  1. tvrfreak

    tvrfreak F1 Rookie
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    Mar 31, 2003
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    Did you turn yourself in to the local police station afterwards?
     
  2. Gary(SF)

    Gary(SF) F1 Rookie

    Oct 13, 2003
    3,637
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    Gary B.
    Wow. I don't know which is more stunning, the 136 in a 60, or never 8 over the limit. Actually, I DO know.
     
  3. Exoticbro

    Exoticbro Karting

    Nov 1, 2003
    203
    St.Louis, MO
    Full Name:
    Chuck Ligon
    Hello tvrfreak,

    This thread has a wide range of advice, Some like you say get a lawyer and
    "fight it tooth and nail" and others say talk to the prosecutor and try to minimize the damage. either approach MAY work, it is up to Clarkster to decide which way he wants to go.

    In my post I had said if he hired a lawyer the judge may be less SYMPATHETIC.
    As far as saying "throw yourself on the mercy of the court" maybe that was not the best choice of words. I feel if clarkster were to speak with the judge
    and take responsibity for what he has done, he may be able to get the same result a lawyer could. (then again maybe not, that is his choice)
    I do not think this is "stupid" as you say, but a different approach, but you
    are entitled to your opinion.

    I will tell you, I don't understand why you say that a person who stands before a judge and takes responsibility for his actions and is willing to accept
    some form of punishment but requests it to be the minimum penalty is
    not DESERVING OF JUSTICE.
     
  4. tvrfreak

    tvrfreak F1 Rookie
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    It's simple. When it comes to presenting themselves in the best possible manner, 99.9999% of the people are not as capable of doing this as an experienced attorney. Even when it comes to being remorseful and willing to accept responsibility, a qualified and experienced attorney will do a far better job of conveying this to the judge, as well as looking out for the client's best interests. You may be remorseful, but you don't want to spend 5 years on probation, do you? If the judge throws this at you while you are standing there, and you start dithering, all of a sudden you don't appear quite so full of remorse. Now if an attorney intelligently parries this to something else that is satisfactory to both you and the judge, so much the better. You just sit there, hanging your head in shame (and, of course, the ever-so-important remorse).

    Your comment ignores the larger question of the motivations behind why various bills are passed into law, and whether going at certain speeds in certain conditions should even be an offence, or one deserving of such huge fines and insurance surcharges. Of course, everyone is deserving of equal justice. However, the system is skewed against the inexperienced and the uninitiated. To protect against this, in serious matters, you hire an attorney. The best one you can afford.
     
  5. judge4re

    judge4re F1 World Champ

    Apr 26, 2003
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    You loose a fiance in a car accident and see how fast you drive on the street.
     
  6. SRT Mike

    SRT Mike Two Time F1 World Champ

    Oct 31, 2003
    23,343
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    Regarding "why did you buy a fast car if you don't use it...", IMO that is silly. If some guy was hauling ass in traffic and endangering folks, and his justification was that he owned a sports car, I would want to see him behind bars. I have no problem with someone opening it up when they are not putting anyone else at risk, but usually, when we drive like this, someone else is at risk. Most folks let their testosterone control them at these speeds, and have little or no experience at this speed in car control. The result is imports wrapped around trees and kids dead when they were "racing" a guy in a Vette or Ferrari, etc. Get a grip!

    However, the way Clarkster described it, it could have happened to anyone... although 3 tickets in 6 months is too much, and shows excessive and compulsive irresponsible driving, and he probably deserves to lose his license.


    Regarding the ticket, I've been in this situation a lot of times, and ART355's advice is dead on. He's a lawyer and I'm not - so take my comments with a grain of salt.

    In my (unfortunately extensive) experience in this area, it really varies by jurisdiction what they will do to let a ticket off. Peters idea of challenging the validity of the equipment is, IMO for the most part an Internet legend that never works anymore. Maybe some places, but I've seen hundreds of people with their shiny copy of "how to get out of a ticket" book get slapped with the full fine + court costs. It generally doesn't work, because there IS no magic bullet. Even if the officer doesn't show, it doesn't mean you are home free. In my state of MA, the ticket itself is considered all that is needed to prosecute the case against you, so if the officer doesn't show, they can still proceed. Most states also do not allow you to reschedule ticket hearings nowadays, so the "schedule the court date when the cop is on vacation" thing usually doesn't work either. Many states have a day a week or a day a month that a representative from the ticket-issuing PD will be in court, and they just reschedule for that day, if there is a continuance.

    I don't know what felony it would be though? The only thing I could think of was what I got hit for when I was going 120 in a 55, reckless endangerment. The cop was an ass and also wrote me up for exhibition of speed (accelerated hard), evasion (since I took an exit when I saw him), driving to endanger (the speed), marked lane violation (crossed the line in a high-speed sweeper), and a few others. I went to see the district attorney before my case, and I basically said "Look, I was speeding, the cop was a jerk, wrote me up for everything he could. Yeah, I was speeding, what can we work out?". The DA was not willing to deal, so I went to the hearing, plead not guilty, and got my trial date. I requested a change of venue (I was in college at the time and could not come back easily) but the judge was known to be a jerk, and unwilling to work with speeders. They granted it, so it got moved. The new DA and I had the same sit-down before trial, and he was willing to deal. We agreed to dropping all the other stuff, and reducing the driving to endanger to speeding. DTE can mean anything from doing donuts on a side street with kids around to wheelies on a bike, so IMO speeding wasn't even close to the worst that DTE can mean. The DA agreed and I just ended up paying a ticket for 120 in a 55. It was $$$$. As ART said, be prepared to spend some serious cash on this. It's not a $300 to a lawyer type thing, maybe several thousand.

    Depending on your initial reactions from the DA, I would choose to hire a lawyer or not based on the outcome. The DA may be real cool and drop it to 90 in a 60 or even drop it with probation. If not, THEN go get a lawyer and spend the money when you know you need to.

    You also need to slow down. Getting busted once can be a stroke of bad luck, but 3 times in 6 months shows a pattern of reckless driving.
     
  7. tvrfreak

    tvrfreak F1 Rookie
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    Oh please, let's not trade war stories. Yes, if you have a traumatic experience, then obviously you can be traumatized--sometimes for life. What does that have to do with this? Why preach a holier than thou attitude when there is little relevance, if any. Why don't we just abolish cars? That would eliminate all car accidents.

    I have also lost some close friends (and distant family members) through car accidents. And seen some really bad accidents unfold in front of me. I drive at the speeds I feel safe at. That hasn't changed. By that standard, speed limits are sometimes too high, and usually far too low.

    I don't know whether a tire is going to blow or not, or, if it does, whether it will be controllable at 65mph and not at 120mph. I have had flats at over 100mph several times, without drama, and last summer I had a blowout and very nearly lost control of a small, light sportscar at 60mph. Obviously, the car and tire combination has much more to do with it than outright speed.

    The factors that I can control, I do. I check safety items and I drive at speeds where I know I can control the car and react to other people's moves. I also try not to have too high a differential between my speed and others', or I compensate with a space cushion, hyper-alertness, etc. But that's about it.

    I also don't know if my ceiling is going to come crashing down at any moment, but I don't sleep outdoors.
     
  8. RDS

    RDS Karting

    Nov 1, 2003
    66
    Elmwood Park, Il
    Plead temporary insanity.
     
  9. malibumk

    malibumk Karting

    May 14, 2002
    167
    Malibu, CA
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    Mike Klein
    Everything is legally challengable.
    The cop, his background/state of mind, his speed measuring equipment...everything.
    When your lawyer offers no hope....get another one fast. Do some research in Martindale.com...the nat'l law registry....and talk to a bunch of them about their related experience.
    By the way, it's one thing to go toooo fast, and quite another to endanger others....which could lead to a felony. But if you were no charged with "reckless driving" or some other higher chage besides "speeding" , then obviously the cop didn't see it....that's very good news to me.
    And, he should begin a negotiation alone with the investigation.
    You absolutly should not have stand in front of the judge for a "suprise".
    If hope is minimal....good lawyers will try to minimize the damage by getting you into some "stress management " treatment, having you sell (him or me...) the car...and so forth to demonstrate to the court that you recognize your "life got off track" and you are pro-actively fixing it.
    If you think you are the first to get a 130 ticket in Kansas....you are way wrong. And it doesn't make you a "bad person" or stupid as some fools here have suggested.....I guess they buy cars to "be seen in"....questionable behavior in my mind.
    BOTTOM LINE....GET a good lawyer.
    Good luck and please let me know how it turns out.
     
  10. chaa

    chaa F1 Veteran

    Mar 21, 2003
    5,058
    I did have another speeding conviction in 1997, i was in my TR8 twin turbo and got caught doing 124mph on the way to Cornwall, (great F**kin road) went to court and had no breif only a i dont give a f**k attitude due to more important things going on in my life at the time.....two weeks ban and 40 quid court costs, go figure. I was dressed in jeans and T-shirt. There was other middleage guys there in suits pleading this and that and they got up to a years ban for the same speeds. I still cant figure that out even now.
     
  11. tvrfreak

    tvrfreak F1 Rookie
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    Maybe you scared the judge? :)
     
  12. chaa

    chaa F1 Veteran

    Mar 21, 2003
    5,058
    Yea may be, how ya doin TVR freak.
     
  13. tvrfreak

    tvrfreak F1 Rookie
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    It's raining in San Fran...I am dropping it down to 100mph. Can't see the cops cos of the spray rooster tail!
     
  14. judge4re

    judge4re F1 World Champ

    Apr 26, 2003
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    Wow, I'm getting attacked for driving like a responsible adult. If this is what exotic car ownership is about, might as well sell off my cars...

    Don't get me wrong, I like to drive fast on the track. People like Jack Baldwin and Didier Theys helped improve my skills and those skills make me a safer driver on the street. Its not my driving that worries me, its everyone elses. 95% of people panic when we go wizzing by, making it unsafe for everyone.

    Our GT3 driver knew the risks, got caught and needs to pay up. Just another rich person trying to avoid responsibility...
     
  15. tvrfreak

    tvrfreak F1 Rookie
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    In your reply, just answer this one simple question:
    If you are so responsible and such an upright citizen, why didn't you turn yourself in for exceeding the speed limit by 8mph. That's still illegal, isn't it? I am calling BS on this statement.

    I go whizzing by just about everyone, and haven't seen anyone panic yet. I am calling BS on this statement also.

    Since you are part of the "everyone else" perhaps you should look in the mirror before pointing the finger and announcing smugly that you are a safe driver just because you have received some instruction. How much you have absorbed is very debatable, going by your posts. Only you drive safely, and the rest of the world doesn't? I am calling BS on this statement as well.

    Yet another rich driver trying to avoid responsibility? He posted here asking for advice on how to minimize the damage to his license/life. A legitimate question, in an appropriate forum. And to vent, which is also perfectly acceptable. And isn't rich a relative term? I am calling BS on this statement too.

    Sorry, you're full of it.
     
  16. Ingenere

    Ingenere F1 Veteran
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    Dec 11, 2001
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    Well put TVRFreak! I for one am tired of the I'm better than you attitude or everyone else for that matter. All our colleague asked for was some advice.

    I'm sorry he lost a fiance...but get real!

    I don't know about where you live but where I'm from 8 over is considered impeeding the flow of traffic....which is unsafe.

    I think he's a candidate for a 71 Vega! or maybe he should take the bus...

    Ciao

    Dino
     
  17. Evolved

    Evolved F1 Veteran

    Nov 5, 2003
    8,700

    Get a good pair of comfortable shoes and be prepared to walk for a while.

    I recommend good leather shoes and not sneakers. You'll blister in sneakers faster.
     
  18. clarkster

    clarkster Rookie

    Jan 28, 2004
    16
    Well... not so fast. :)

    The first was a 81 in a 70, and while "speeding" yes, nothing too dramatic. Foolishly I just paid the fine because I've had a clean record for the last 10 years. One ticket does not do anything to my insurance.

    The next though was 65 in a 45 work zone. The only problem is that it was SUNDAY - and there were no workers! I was just cruising like the rest of the crowd and went around the bend and BAM - there were at least 15 cops pulling over everything in sight. They were STANDING out there flaggin people down. It was the biggest, vulgerest trap I've ever seen. And they were double fines because of the work zone - even though there was no work.

    I'm still fighting this one.

    Anyway - 3 tix ya - but not quite as what it might look.
     
  19. johnw

    johnw Formula Junior

    Jun 19, 2002
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    john
    the only thing stopping most of us from getting a s$@#load of ticketS is LUCK !
     
  20. clarkster

    clarkster Rookie

    Jan 28, 2004
    16
    HUH? Trying to avoid responsiblity? nope.
    Trying to LEGALLY get this reduced to as little as possible and come away as clean as possible? ABSOLUTELY! Why not? Its my legal right to do so. That is why we have courts, and lawyers, and due process.

    I'm not going to bribe a judge or threaten a jury. I'm going to legally do what is in my best interest. And if anyone wouldn't do that, I would say that are an idiot.

    Rich? LOL. Tell my wife. She doesn't know.
    And, if I was rich? What the hell is wrong with that? Don't we all want to be? I don't know anyone that wants to stay in the poor house all their life. If you won the lottery, you'd give the money back?

    I just laugh at people who insult people they think are rich as if it is a crime.

    One last note: This whole thread is amazing. I thought I'd get 3 or 4 thoughtful responses. Good thing I didn't ask if marijuana should be legal or not.

    THanks for all the advice folks. Come Monday I'm going to take some of it. I'll let you know how it turns out.
     
  21. Challenge

    Challenge Formula 3

    Sep 27, 2002
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    Kevin
    Clarkster, I'm going to stay with your original inquiries. My opinions are with Ingenere and TVR, but I'll try to give you real-life tactics that worked for me in real life.

    Attorney. Absolute must as many have stated. However only Art has given specific ways of going about finding one who will help you with your problem. I have another way. If you know anyone in the car business (dealers) see if they can refer you to a calibration shop, preferably one that is sympathetic to people with a lead foot. Then ask the calibration shop for a legal referal. Tell the shop that you are not a cop and you will pick up lunch for them. (People don't go to calibration shops because they are curious if their speedometers are accurate).

    Calibration. See above. If your speedo is off by X%, at least that big # on your ticket will be smaller when your atty gets in front of the judge with a calibration report.

    Required reading. Get the book "Beat the Cops" and read it. It is a small thin paperback book that lists dozens of ways to approach a speeding defense based on officers not fully complying with technicalities. Of course, this garbage varies by state.

    Get creative. Your story indicated you had the GT3 for two days. If you had just purchased it I would always say that, yes, you stomped it and, yes, it was childish, but by the time you thought you were going 80 you looked down and saw that big #. This worked a few years ago when I told a cop (popped me for 87 in a 55) that I was considering selling my Mustang GT because it was too fast. I thought he was going to laugh at that excuse, but he replied "yeah I know what you mean - my wife has one of these."

    You have a lot of things stacked against you, but these steps can lessen the pain. Your age will be to your benefit.

    Good luck!
     
  22. SRT Mike

    SRT Mike Two Time F1 World Champ

    Oct 31, 2003
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    Well, I can't pretend to know your situation exactly, so forgive my ignorance. Things may be different in KS, but here in MA, you get a pretty good feel for your chances of getting pulled over. When I was younger and stupider (which wasn't that long ago), I *always* drove faster than I should have, mostly because I was not mature enough to realized the consequences of doing so. And I probably averaged 2-3 tickets a year. In MA, 3 tickets in a year = 30 day suspension, which I got twice. Now, I've had one ticket in probably 6 years, and it was a case much like yours - cruising in the Viper down to the racetrack and I "showed off" for a couple of guys in a Mustang (wicked it up from 60mph to 100mph real quick), and just as I let off to coast down, got radared by a cop at 95 in a 60. But if you're getting 3 tickets in 6 months, it doesn't seem like bad luck, but rather chronically going over. Thats why they make it 3.. one is bad luck, 2 a coincidence of bad luck, three??? Generally shows a problem of chronic speeding.

    But, all the opinions in the world don't mean too much in terms of how to fix this problem. When you have 2 recent tickets though, doing a buck-30 was a calculated gamble, no? And one you lost!

    Anyways, I'd take Art's advice if I were you and trying to get out of it :)
     
  23. TestShoot

    TestShoot F1 World Champ
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    Sep 1, 2003
    12,043
    Beverly Hills
    I am gonna call bs on this thread.

    According to all states it is a felony. If you are in KS, you would have been in jail right away for a minimum two days unless you posted bail, in which case you were still processed.

    I think the choice of words you used in response to posts, like 'twisties' I have never heard anyone over 30 say that word in the context shown, I am 30, I have never used it.

    I will give you advice, plead no solo contende, take the ticket, pay the impound fee, and move on. You did the crime, be a man, act your age, pay your dues.
     
  24. JeffMN

    JeffMN Rookie

    Jan 18, 2004
    28
    You can get out of this one. Just a guess, but I suspect a job with the Kansas highway patrol isn't something to brag about in the law enforcement community; the prosecuting attorney would rather cut a deal than risk putting Barny Fief on the stand. Personally, if he pulled you over purely because you were speeding and not because you were a danger to anyone I wouldn't have any problem attacking his personal credibility, etc.

    Another opinion (and an apology, in a way) on using public roads for extreme speeds: Have at it. There's absolutely nothing wrong with topping out if no one else is on the road. Kansas would be a close 2nd to my #1 choice for 150+ mph runs: Nevada.

    The Illinois tollways are also fantastic. Bring two people with you who don't mind watching the toll booths while you have some fun. There's about 10 to 15 miles between toll booths for you to top out and the coast is guaranteed clear thanks to your friends keeping an eye at the toolbooths because there are no entrance/exit ramps between the toll booths in many areas. This is a way of life in Illinois.

    I can't imagine going through life with the mindset of the safety-nuts. Wait for the road to clear out and ask yourself "What would Enzo do?"

    -Jeff
     
  25. Dave

    Dave F1 Rookie

    Apr 15, 2001
    2,722
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    "What would Enzo do?"

    He raced cars on a race track,
    Not the street!


    And a little advice for the future...

    Never admit your guilt on a public forum,
    that any Judge will be able to pull up on his or her computer.
     

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