CS speeding ticket. any ideas? | FerrariChat

CS speeding ticket. any ideas?

Discussion in 'Ferrari Discussion (not model specific)' started by 720, Oct 2, 2004.

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  1. 720

    720 F1 Rookie

    Jul 14, 2003
    2,623
    So. Cal and No. Utah
    Full Name:
    Rick
    i got a speeding ticket a couple days ago (50 MPH in a 30MPH zone). it was unusual in that the cop (a motorcycle cop) did not clock me in any way (no radar, laser, did not follow me, etc.). he was giving someone else a ticket and he saw me drive by. here's the scenario. i was driving east on a main street in pasadena (two lanes in each direction). the motorcycle cop was parked on a small side street that intersects the main street. it is effectively a blind intersection in that i could not clearly see down the street he was on and he could not clearly see down the street i was on. he could only see me briefly as i passed through the intersection. i was driving my yellow stradale through the intersection at approx. 30-35 MPH. when i got to the next intersection the motorcycle cop pulled up behind me and pulled me over. he told me where he was and that he had seen me pass through the intersection going 50MPH. i told him that was incorrect and i was only going 30-35 MPH. he admitted that he did not clock me in any manner other than he estimated my speed as he observed me going through the intersection. i suggested that although his intentions were good he only had a brief glimpse of the highly aerodynamic shape of a yellow 360 CS ferrari combined with the raspy shriek of the exhaust fooled his senses into thinking i was going faster than i actually was. he laughed and told me to try that explanation on the judge. you know how cops are. even the possibility that they could be mistaken is laughable.

    if cops are so good at determining speeds of moving objects with their senses then why do they have speedometers, radar, laser, etc. in their vehicles? the tax payers would save a fortune by simply hiring "super-cops" that can immediately determine the speed of cars while sitting on their ass.

    do i have any chance of getting a traffic judge to agree that it is possible this cop could have incorrectly estimated the my speed? is it fair for a cop to give a ticket by simply estimating your speed under the circumstances that i've explained?
     
  2. Stackhouse

    Stackhouse F1 Rookie
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    Feb 14, 2004
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    Rick,

    PM me your E-mail address I have a Document you will want to read!
     
  3. Doody

    Doody F1 Veteran

    Nov 16, 2001
    6,099
    MA USA
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    Mr. Doody
    i'd fight that vigrorously.

    doody.
     
  4. Auraraptor

    Auraraptor F1 World Champ
    Lifetime Rossa Owner

    Sep 25, 2002
    14,019
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    Omar
    Fight it, and never admit to a mile over the limit. Trust me on this last part, as I have seen a women lose to a similar citation. It was for a 42 in a 30. She said she was going 34-35. The judge said, wait you admit you were going above the limit? She said "Yes, but..." was cut off by the judge with a swift GUILTY.
     
  5. spike308

    spike308 F1 Rookie
    Owner Silver Subscribed

    Nov 8, 2003
    4,724
    Austin TX!
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    Mike Z
    You could counter that you had a "feeling" that he had hoped you would pull out multiple Ben Franklins, as he OBVIOUSLY wanted a bribe to not write a ticket.
    Facts are facts, your friendly officer has none. Just a "feeling"...
     
  6. Tubi

    Tubi Formula Junior

    Jul 1, 2004
    577
    Athens
    Full Name:
    Hari
    I wont strongly deny this!!!! Has you already have..simply deny u were goin at that speed and request proof from the officer...surely they nd the evidence!

    I heard from a friend in Boston...that for traffic offences in the US...officers (if the case is minor) dont even bother to turn up at court...is this true? thats how my friend was let off....

    Hope it goes well.
    Hari
     
  7. 911Fan

    911Fan Formula 3

    Apr 15, 2004
    1,294
    Southern California
    You can fight it in court with a high probability of losing (the traffic cop is considered an expert observer and the court will believe him before it believes you regarding your speed). Or you can just pay the fine, do the traffic school and not suffer any insurance penalties (assuming you're eligible...).

    Your choice!
     
  8. Ducman491

    Ducman491 Formula 3

    Apr 9, 2004
    1,591
    Mentor OH
    Full Name:
    Jason
    Years ago I had a Porsche 924 which handled fairly well but nothing to write home about. There was one really nice right hand sweeper on the way home from my girlfriends house that I would take at about 80 or so. There was a bar on the other side of the street that on this particular night a cop was sitting in the parking lot. (facing away from the street talking to a person standing outside his car) I ripped by and saw all of this and immediatly slowed to the speed limit after the turn. The cop pulled me over a few miles later and admitted that he could not give me a ticket because he did not clock or pace me at all. He just heard me go by and his friend told him what kind of car it was. He politely asked me to slow down and complimented my car. The cop you are dealing with will most likely not show for the court date and the ticket will be thrown out. By the way what did he write on the ticket for the method to determine speed. Maybe he has an ear radar like the butt dyno I hear about so often.
     
  9. The Mad Hatter

    The Mad Hatter Formula Junior

    Feb 27, 2004
    257
    Maryland
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    The Mad Hatter
    A cop with a calibrated eye?!?!!? I think what we really have here is a severe case of "little man with a badge" syndrome...I just love when the bad apples show their true colors. About three years ago I was on my way to St. Michael's island here in The People's Republic of Maryland one morning at 8am and I came up to a T-intersection. I turned left and there was the ubiquitous unmarked cop car (which I did not know at the time was a cop car) stopped to my right. I was in my BMW 323i and took off doing 45 which was the posted limit...I look in my review mirror and before the light for the cop turned green I was probably 100 yards or so ahead of him...next thing I know this jacka$$ is about 2 inches off my bumper...so I speed up to about 55 and then we come up to a light...I stopped a bit back of the light knowing this ****** was gonna get right on me...and he did. As I rolled forward a little to get some space between us he did exactly what I predicted...he rolled and stayed inches from my bumper. So, green light and we get up to about 50 on Route 424 heading towards Route 50...he won't back off so I did it...I punched it up to around 80 as he was really pissing me off...yep, you guessed it, on came the lights and the realization that it was a copy and I was furious! He comes up to my window and asks me why I tore off like I did and before I could say anything he follows that assinine statement with this one: "And don't tell me it was because I was following you too close either." Whatever "dude-who-wasn't-popular-in-high-school-who-know-takes-it-out-on-the-public-at-large"...okay, so I didn't really say it...but I was thinking it so that kinda counts :D Anyway, as luck would have it, I told him I was on my way to a soccer licensing course (I was) and he turned out to be a big soccer fan...wanred me and told me to take it easy. What ******. So, to make a long story short (which is too late at this point) FIGHT IT...YOU WILL WIN!

    Cheers,
    Travis
     
  10. 456mgt

    456mgt Formula Junior

    Mar 24, 2002
    628
    Cambridge UK
    Full Name:
    Kevin
    That most certainly wouldn't stick in the UK- many people have got off speeding fines because the police weren't able to produce documents to substantiate that the equipment was properly calibrated. These cases don't reach court. If it gets that far, I would have some video recordings of cars doing different speeds and ask the cop to say what he thought the speed was. Even if he gets most almost right you will have the margin of error to work with.

    I would also be uneasy with the exact wording of your first post Rick. Maybe unlikely, but if someone finds this thread on the internet, there can't be too many people with your profile. Maybe I've spent too much time with lawyers, but they always say "never write anything down that you wouldn't wish the prosecution to use in court".

    Best

    Kevin
     
  11. SimonA

    SimonA Karting

    Sep 2, 2004
    112
    Wilton, Ct.
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    Simon Adams
    I would fight it. But you need to be prepared before you go into court. Either do an internet search or ask an Attorney for the porcess an officer needs to follow in order to determine some one is speeding. Once you have the process and methods behind the way they do it, then you can ask the officer how he determined you were speeding. You can ask him if he did all the things he is supposed to do? Also if you ticket says officer estimated your speed. He should hvae written how he did it. Example followed you for a mile or two.

    It is not enough for him to say you are driving a Ferrari so you either were speeding or you will. He needs to prove you were when he caught you.

    I think you have a good chabce of winning. As others have said always tell the judge you were going to posted speed limit. Never tell them you were a little over. Then you are guilty case over.

    Good luck
     
  12. Ducman491

    Ducman491 Formula 3

    Apr 9, 2004
    1,591
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    Jason
    No offense 911 but that is ridiculous. That cop is hoping that he just pays it and ignores it. They figure ,he can afford a Ferrari, $100 for a ticket is a drop in the bucket. It is not about the money, it would be the "innocent until proven guilty". He does not have to prove he was doing the speed limit. The officer being an expert observer has nothing to do with anything. I would fight this if it cost me 5 times what the fine is just on pure principle alone.
     
  13. 911Fan

    911Fan Formula 3

    Apr 15, 2004
    1,294
    Southern California
    I agree it's ridiculous but that's how the system works. If 720 had a passenger or other corroborating witness, it might be different.

    Besides, if 720 told the cop he was doing 30-35, that probably got recorded electronically or in the officer's contemporaneous notes which will make it much harder to beat the ticket.

    I was just trying to offer some practical advice!
     
  14. 348SStb

    348SStb F1 Rookie
    Owner

    Just blame it on the loudness of your car. Sure, it "seemed" like you were speeding because Ferraris are unusually loud. But in actuality your were accelerating to the speed limit, thus creating a racket.

    :D
     
  15. Chiaroman

    Chiaroman Formula 3
    Rossa Subscribed

    Apr 21, 2004
    1,689
    New Jersey

    I don't think so. The points are there and will be there for a moving violation (in NJ anyway) for years and your insurance will subsequently go up.

    FIGHT WITH TOOTH AND NAIL
     
  16. 720

    720 F1 Rookie

    Jul 14, 2003
    2,623
    So. Cal and No. Utah
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    i understand. as i recall the only thing i said to the cop was that he must be mistaken because i was not speeding. i didn't say what speed i was going :) but in the future i'll make sure i don't say a number of the speed limit :) thanks.
     
  17. 720

    720 F1 Rookie

    Jul 14, 2003
    2,623
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    it's been years since i've gone to traffic court. but a friend of mine went recently to fight a speeding ticket and the cop showed up. he lost the case :( but it was a radar ticket and my friend didn't really prepare himself properly to fight effectively. he told me that next time he'd hire a lawyer to help him because he's heard they know all the tricks :)
     
  18. phong69

    phong69 Karting

    Aug 17, 2004
    228
    Raleigh, NC
    Full Name:
    Phong Nguyen
    Definately fight the ticket. Neither the cop's eye nor his subjective judgement on speed can be calibrated. He even admitted he did not clock you. It's sort of a pain in the rear to got to court but well worth it in insurance premiums. Better yet, find a lawyer and send him to represent you. Usually the local boys near the courthouse are better since they know the judges and their tendencies. Best of luck. BTW you should file a complaint with the local police department for giving you the BS ticket.
     
  19. johnbob

    johnbob Karting

    Nov 8, 2003
    124
    Oklahoma
    New York State trooper candidates are required to estimate within 5 MPH the speed of a car. This is done whith the candidate in a parked car on the side of the road for cars traveling in either direction. Not sure if any other states use this criteria, but if the candidate is not able to pass this part of the exam he is rejected regardless of the rest of his exam.

    Not sure how you will do in court but just thought you might find this interesting.

    Best advise I was ever given in regards to dealing with police/troopers is to be honest. 9 out of 10 times a warning rather than a ticket.
     
  20. Kewpie

    Kewpie Formula Junior

    Jun 7, 2004
    598
    canada
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    !
    your Yellow Stradale is 50mph above the speed limit even when it is parked, you know ;)

    i would say the cop is preoccupied with some other matter and he would have not enough time to determine your speed. otherwise, we do not need lasers and radars. just train them to an accuracy that can put innocent people in fines.

    btw, can you post pictures of your yellow CS? havent seen a yellow one.
     
  21. 134282

    134282 Four Time F1 World Champ
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    Aug 3, 2002
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    Carbon McCoy
    Rick, fight it like it's the only thing you were meant to do in life... Fight EVERY ticket you EVER get, no matter how much evidence they have against you...

    Don't EVER admit to 30-35 even when sitting in your car - cop cars have have cameras and microphones - motorcycles probably do, too...

    i've fought better tickets than the one you got and beat them... The cop has nothing and is probably just bitter that you have a Ferrari and he doesn't... i can't imagine being pulled over by a cop that only got a glimpse of my car and didn't clock me, radar me or time/distance me... This is total bullsh!t and you should fight on principle...

    As an aside, for fighting every ticket you ever get, i once received three tickets at once, from a cop... i pled not guilty, sent them in and receiving a court date in the mail... Court date finally comes (6 months later, FAR too late for them to really schedule it and i could've fought the tickets JUST ON THE TIME between receipt and court date)... Usually when you fight a ticket and the cop doesn't show up to court, they reschedule - if the cop doesn't show the second time, they let you go... Anyway, i go - MY FIRST TIME FOR THESE TICKETS - to court and the cop doesn't show; judge took one look at me (in a suit) and said "boy, you just LOOK guilty"... i smiled and stood humbly before him... He said "you're free to go"... i don't know what, but SOMETHING happened to that cop... i don't know if he died or moved or retired or was fired but SOMETHING happened to that cop...

    NEVER - i CAN'T STRESS THIS ENOUGH - NEVER plead guilty to a ticket... You NEVER know what the other circumstances are outside of your world and how they'll play to your favor...

    So, yeah, in conclusion, fight this to the bitter end...
     
  22. 720

    720 F1 Rookie

    Jul 14, 2003
    2,623
    So. Cal and No. Utah
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    Rick
    not in LA. the cops out here for the most part are "hardened" and have bad attitudes. they're on TV all the time...usually seen beating the crap out of somebody.

    as for estimating speed by observing cars driving past, in my case it was a blind intersection and the cop was giving someone else a ticket on the side street. so he was only able to see my car for the brief period i was crossing through the intersection. it would think it would be difficult to estimate the speed under these circumstances. if i had been driving my red stradale with the stripe i bet he would have estimated my speed at least 10 MPH faster since we all know the stripe makes it look like you're going even faster :)
     
  23. Stackhouse

    Stackhouse F1 Rookie
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    Feb 14, 2004
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    Rick,

    You have mail!!
     
  24. tfazio

    tfazio Formula 3
    Rossa Subscribed

    Apr 20, 2004
    1,983
    Michigan
    Fight the ticket for sure especially since you were only going 30-35 mph. You could mention to the judge that your car is louder than most and that maybe the cop assumed you were going faster due to your exhaust. Since you really aren't guilty you have every reason to fight this ticket.

    My only speeding ticket came when I was paced at 100mph+. The cop was incredibly cool and complimented me on my car(at the time it was an Audi TT) and told me that cars like mine are engineered better than most so I probably didn't realize how fast I was going. I of course agreed. He wrote me up for 10 over in a 70 mph zone. He didn't have me clocked on a radar either but in the notes section on the ticket he wrote "Paced at 100 mph+". He said he didn't know exactly how fast I was going. He looked down at his speedometer and he was going 100mph and I was pulling away from him and that is when he turned on his police lights. I never thought about fighting the ticket since I was incredibly guilty and I probably could have been arrested since I was going so fast. I kept using my turn signals when changing lanes so maybe that helped me out. I got lucky by having such a cool cop pull me over. I also learned my lesson that going over 100 mph isn't the smartest thing to do on American(more specifically, Michigan) highways.
     
  25. 720

    720 F1 Rookie

    Jul 14, 2003
    2,623
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    you and i think the same way...not sure this is good... but i agree with you :)

    i posted some pics of my yellow stradale at
    http://homepage.mac.com/rframage/PhotoAlbum23.html

    and my rosso scuderia one at
    http://homepage.mac.com/rframage/PhotoAlbum24.html
     

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