Question Regarding Speeding Ticket

If you take it to court, there is an 80% chance that you will win and not have to pay simply because the cop can't show for the court date. I always suggest taking it to court.



-DC

 

DEFINITELY TAKE IT TO COURT. I posted a similar question last summer for a ticket I got in Southampton, I flew back from LA and went to court, the Police officer didn't show up and i got it dismissed. happened to about 40% of the people there that day.

 

Take it to court, the fine along with the possibility of increased insurance cost make it well worth the effort. On many occasions the gendarme may not be able to make the date, at which time you protest about taking your valuable time to correct this injustice, and how it wouldn't be fair to grant the prosecution a continuance. If the judge still grants a continuance, show up for the next date and (only if the cop is present) request your own continuance to consult your attorney who has been on vacation (have a name ready to throw).

Was the cited location of both infractions the same? No cops present?

Were you passing numerous cars in a grand fashion? If not, there is no way for them to form a comparative speed judgement.

RADAR, VASCAR and laser are, by legal precedent, intended to be used to confirm visual impression of a speeding violation.

Above all, Good luck!

Regards,
Bill

 

Like everybody said, take it to court. As for the cop not showing, some cops have dates designated for court. BUT, since you say it was 4 cars plus the chief, every cop you talked to will have to show. If one cop gets on the stand and says "the other officer said..", its automatic hearsay since he's not there.

Also, the visual speed HAS to be verified as far as I know. You should definitely plead not guilty and get a court date. After you plead not guilty, and get the date, file a request for disclosure, and in that should be all the cops' notes and everything. If you need more help just email me since my inbox is usually full Or post here and I'll try replying too.

Gagan
gagan#phat-rides.com
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I don't understand what they are using as evidence to charge you with speeding. Did they pace you from behind, or do they have super powers to be able to look at cars and accurately judge their speed. Without using a speed measuring device or method I don't know what they are going to say when questioned in court. "I looked at him pass and knew how fast he was traveling"

I would definitely fight this one. If you talk to the DA they may drop the speeding and just charge you with the turn signal ticket. I don't know what that would do to you in terms of cost or insurance rates.

 

Welcome to visually observed speed or B.S. for short.

I got one of these, I congratualed the police officer on being a human radar gun. I went to court, the judge accepted it based on the officers training for being able to judge speed visually. In this case it was 50 in a 35.

I've never gotten another one of "those" kinds of tickets. And yes, I was probably doing that much, but still, why bother with radar guns and radar detectors if cops can just tell you what speed your going with their eyeballs.

In fact, even though it is a stretch, why bother with going to a judge with probable cause for a search warrant when a cop can just use his own "judgement":

http://www.theneworleanschannel.com/news/2953483/detail.html

 

I would at least talk to a lawyer if you know one or a friend may know one.

If this guy is a higher ranking officer I am wondering if he will bother showing at court. If he never writes tickets and this was the first in 2 years then he probably isn't up on traffic court dates.

 

This sounds like an episode of the Shield. You must have pissed off the chief and he sicked his hounds on you.

I would get a lawyer for this one, to just show you won't be intimidated by this sort of extra-legal enforcement.

 

I was just about to type what Ike said. Being the chief, or a high ranking officer, he probably wouldnt bother showing up for a measly speeding ticket.

Another thing I'd suggest is goto the courthouse in the next day or so and ask for disclosure: Including officer's training records (ALL officers at the scene), speedometer calibrations, radar certificates (in case their story changes later), and of course NOTES, these will help you when you actually get to court if you do not use a lawyer.

That should most likely take care of the speeding. As for the signal, same thing. Check the notes, if they say for example "started driving, saw vehicle, stopped vehicle", then you can just as easily say "Well wheres the part that you allegedly saw the no signalling"?

Also, the 4/14 date... is that just to enter a plea or is that the trial date?

Gagan

 

Darren: Mail the plea and plead Not Guilty on both charges. As for disclosure, some people/sites say dont bother as you tip off the prosecution, others say go for it. I've always gone for it and if I lose I at least take an hour of the court's time (they cant raise your fine, at least not in Ontario).

Email me and I'll send you a link for a file thats about 2meg with some helpful points. Also one thing that would be good is a book on case law, probably at a library or a local bookstore. They usualy have case law for speeding (traffic offence books). The 50 in a 30 being 'visually determined' i havent seen. I've seen radar, laser, vascar (time of travel between point A and point B), and photo radar.

Since this was a funeral, you could easily argue that no one officer could have exactly measured how long it took since they were not paying attention.

Either way I'll send you a link to the file.
Gagan
gagan#phat-rides.com
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Darren, the resounding answer here is yes, secure an attorney. The rest of your questions wld be best answered by said attorney. Sounds like it was a slow day for law enforcement in Saratoga Springs that day. Good luck!

Greg

 

eh... sorta. It depends on where you live. In Houston, hearsay in traffic court doesn't even come into play. Challenging the officer's word in any way will increase fines and deem you guilty. This is from my experience, and I have had plenty of it.

But this isn't to discourage any hearsay pleas. You just need to plea NOT GUILTY, trial by JURY. It is your right to have a trial. And it is important, with all of the officers and the chief, to have a trial by JURY in this case.

Your first appearance after you appear in court, will be a discussion with the prosecuting attourney. They will try to plea bargain with you and get some money out of you, while reducing the fines. Don't buy into it. Go for the full Trial by Jury!

"verified" is difficult to determine. Calibration materials for items such as speedos (for those who follow and track your speed) and laser/radar guns must be up to date. It is your right to request these materials, because all of the calibration documents are kept on hand.

Depending on how the officer will state how you fast you were speeding, you need to attack this very gently and appropriately. Don't think emotions here. One thing is for sure, when an officer says you were doing 50 in a 30, you probably were. They have a very well trained eye at this, even if it is approximate speeds.

 

Several years ago, NY insurance surcharges were imposed for 3 years and added up to $900. As long as you spent less, you were ahead. I don't know what it is today, but it can't have gotten lower.

Never admit that you knew you were going faster than the speed limit. That is for them to prove. Your job is to prove that they can't know what speed you were traveling at, and therefore you should not be having to pay the ticket or getting the points put on your license.