Speeding ticket by "speedometer calculation" | FerrariChat

Speeding ticket by "speedometer calculation"

Discussion in 'Ferrari Discussion (not model specific)' started by frefan, Sep 22, 2009.

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  1. frefan

    frefan F1 Veteran

    Apr 21, 2004
    7,370
    Recently got a speeding ticket while driving the stradale along a very twisty section of road (along a river), by the same cop that gave me a ticket last year. Problem is, I wasn't speeding. When he pulled me over I was going 40 in a 55 (car in front of me was turning). The CHP never paced me and he admitted he didn't have me on radar either. When I asked what the speeding ticket was based on, he said 'speedometer calculation". When I asked what that was, he said "keep it up buddy and you're going to jail".

    This particular cop really has it out for me. Last year in court he said to the judge, "Your honor, his car costs more than my house"

    My question is, what is "speedometer calculation"? I realize that if he took the time at point X and again at point Y, and knew the distance travelled, the average speed could be calculated. But there was no base time disclosed. Somehow the cop just drove behind me for 12 miles, trying to catch up, and 'figured' my speed at 70+. He was driving an SUV and there are lots of 25 MPH (suggested) turns on this section of road, which I could easily take in the stradale (new and dry pavement) at 55MPH, but he would not be able to do that in a 5,000 lb. 4x4 SUV. Some turns he would have to take at something closer to 35MPH, so on the few straight sections HE would have to go 70+MPH to make up the for the difference. But I wouldn't have to do that, because I can take all the turns at 55.

    This is a bad cop and I'd like to be able to drive this road without him harassing me.
     
  2. SrfCity

    SrfCity F1 World Champ

    I think it means if he was doing X(speed limit or thereabouts) so you were doing X+ because you were pulling away and therefore speeding. Purely a visual thing based on experience ;) These guys don't really have to prove anything these days as the cards are stacked against you in a system designed to shake you down. He'll just lie and the judge will side with him. Lawyer up or I'd find another route if you can.

    You could always try the ticketassassin.com route to drag it out if you haven't just paid the fine.
     
  3. VisualHomage

    VisualHomage F1 Veteran

    Aug 30, 2006
    5,611
    San Antonio
    wow what an example of a total a$$hat cop, a liar and dishonorable servant of the law.

    I'm sorry you went through that. Maybe avoid that area from now on. That cop can make up whatever he wants.
     
  4. wolfeyes89

    wolfeyes89 Rookie

    Jan 22, 2008
    30
    I'm going through almost the exact same thing your going through. A cop keeps harassing me on the same route I always take and he's always giving me the hawk eye and just two weeks ago I got a ticket from him. IMHO just do what all those little kid shows tell you to do. Stand up to that bully or he's going to keep harassing you. Even though you might loose, it still shows that your willing to stand up to him.So the next best thing is to well try and beat them at their own game. If he knows who you are though I think it's time for a lawyer because he's definitely showing up to court. Plus I wouldn't change my route or blindly sit and take that fine, I mean what happened to this being a fair and free country?
     
  5. rossocorsa13

    rossocorsa13 F1 Rookie

    Jun 10, 2006
    2,557
    Nashville, Tennessee
    Full Name:
    M
    Offer him a ride in the car as a bribery. :)

    Seriously though, what a terrible situation and a poor example of what law enforcement officers are supposed to exemplify.

    Sorry you're dealing with this man. Hope it works out for the best.
     
  6. sluggnutz

    sluggnutz Karting

    Jul 1, 2009
    103
    North Jersey
    Full Name:
    Don
    #6 sluggnutz, Sep 23, 2009
    Last edited: Sep 23, 2009
    In NJ, Speedos are certified/calibrated every month, the least you could do when you go to court is request, via discovery, the certification proofs and secondly request the officers training record in whether or not he received proper training in pacing/speed tracking- speaking solely from NJ point of view
     
  7. pogobbler

    pogobbler Rookie

    Aug 6, 2009
    32
    If he actually did say pretty much what you said he did, keep driving the same route (not that it sounds as if you'll stop driving it), trying to not excessively speed, hard as that may be, and have an mp3 player or phone "accidentally" record at least he audio of the traffic stop. That could prove interesting for a judge to hear in court.
     
  8. Easyrider7467

    Easyrider7467 Formula Junior

    Nov 3, 2005
    980
    Northen N.J.
    Full Name:
    John


    Where does this statement have any value in his case against you speeding? Clearly, he has issues other than you speeding, his own issues.
    This sort of rhetoric infuriates me...

    I would attend the hearing with a lawyer - definetly. Then politely, effectively win the case. I would NOT self represent. This cop will view this as you against him! For sure.
    He's angry, no need to anger him more, leave that to his wife...

    Good Luck.....
     
  9. John814

    John814 Karting

    Apr 19, 2006
    68
    Indianapolis, USA
    Full Name:
    John Phelan
    Most police cars have a "certified" speedometer. Usually this is used for pacing, where they follow you at a set distance (based on their perception of distance- so that's arguable). I'm not sure if suggested speed limit signs, (usually yellow right?), are enforceable or not. Regardless, he can arrest you for reckless driving (at least in IN) for driving "recklessly."

    My suggestion, from my years of experience working with and dealing with the police - would be to be nice to him. You aren't going to get ANYWHERE being ******. Best bet is to confront him before he confronts you. If you see him - talk to him. Ask him to sit down and have a chat. Remember that for most of these guys it's just a power trip. Give him that power, and let him be "boss," and he'll probably let you go next time you're whipping around the corners too quickly. Bees with honey vs. vinegar thing, right?

    2nd Advice? Get a cheap voice recorder and keep it in your car.

    http://shop.ebay.com/i.html?_nkw=olympus+voice+recorders&_in_kw=1&_ex_kw=&_sacat=See-All-Categories&_okw=olympus+voice+recorders&_oexkw=&_udlo=&_udhi=&_ftrt=901&_ftrv=1&_sabdlo=&_sabdhi=&_samilow=&_samihi=&_sadis=200&_fpos=Zip+code&_fsct=&LH_SALE_CURRENCY=0&_sop=12&_dmd=1&_ipg=50

    Anyone, myself included, who speeds should have one. Most cops have mic's on their body now, but that can be turned off when they want to say certain "things." Turn it on. It's your right.
     
  10. ducowti

    ducowti Formula 3

    Jan 27, 2008
    1,554
    NY/SC
    Full Name:
    David
    Verify that AZ does not have a 2nd party notification law; in some states it is illegal (i.e. inadmissable as pertains to this discussion) to record w.out the notifying the 2nd party. I have no idea about AZ.

    Assuming no law, this is a good idea.
     
  11. aschultz19

    aschultz19 Formula Junior

    Feb 11, 2009
    573
    Plain"Jane"Field, IL
    Full Name:
    Tony..........
    My two cents may be much different.....
    I believe you were speeding by your definition of how you were taking the turns. Did you actually speed and by how much?? Face it, if you were doing xx over the limit most of the time and it took the cop xx amount of time to catch you he figured out with a reasonable doubt you were speeding. You got busted...... I hate getting tickets like the next guy and I have plenty over the past 25 plus years of driving. Man up, pay the ticket and find a new route, slow down or get a prius.....
    PLEASE do not take this as a rude post or flame, I have cursed the heavens for some of the tickets I have and wished nothing but ill will on many a cop, but in the end, I realized I was doing 100 plus and I got busted...
    But one last dont get me wrong, cops can be real asshats and there have been many an article in the papers and news regarding cracking down on speeders etc, all to boost the coffers of city hall..
    Hang in there.........
     
  12. Bas

    Bas Four Time F1 World Champ

    Mar 24, 2008
    42,406
    ESP
    Full Name:
    Bas
    I'd drag him to court and make sure he'd be working packing bags in wallmart for the rest of his life.

    I'm always nice to cops and if I did little wrong they're normally nice to me also. Even when they're being a total asshat I'm nice but I wouldn't be in this situation. To him in person, yes, but for someone who truly has it out for you I'd play twice as hard.
     
  13. Futureman

    Futureman Formula 3

    May 16, 2007
    2,024
    My grandfather told me a story once about when he was a teenage bootlegger. There was a state trooper that used to frequent the speakeasy that was one of their customers. One day, the trooper decided to bust my grandfather and his friends for selling booze that HE drank. So my grandfather and his friends waited one night outside the speakeasy and when the trooper came out they gave him the beating of his life. He never hassled them again. Ahhh, the good ol' days.

    Sounds like this cop needs a "course correction"...old school style.
     
  14. Hexnut72

    Hexnut72 Formula Junior

    Nov 22, 2006
    331
    Get a lawyer, fight the ticket.
     
  15. Kds

    Kds F1 World Champ

    #15 Kds, Sep 23, 2009
    Last edited: Sep 23, 2009
    A hidden spy cam and mike, mounted in the passenger side A pillar looking at the driver's side window is a must for dealing with cops. The ticket won't even get to court and the guy will get fired. File a civil rights suit against the individual cop, the department and city. Call the media with the video, they love stories like this. Chances are the f-er can't defend it financially and you will BK him one way or the other, while collecting your expenses and a possible settlement from the other two defendants. Oh yeah........get a transcript of the last court trial with his damaging statements before he or someone files to get it sealed. I'd do that tomorrow..........'cause you can use it against him in the trial for this ticket.
     
  16. SonomaRik

    SonomaRik F1 Veteran

    What a bummer:

    I wouldn't mind them giving me a ticket IF they could picture it with a date time stamp and a speed showing in the pic.

    So, called personal judgement just can be so frustrating.....we are in financially tough times....so expecting more of this nonsense.

    I'd go to court....and start packing a video in the cars.
     
  17. bill365

    bill365 F1 Rookie

    Nov 3, 2003
    3,319
    Chicago area
    Full Name:
    Bill
    A really good question, to ask a few of the CHP headquarters (before court) and in court. Also inquire if they use VASCAR (Visual Average Speed Computer And Recorder) in this area.

    I can't imagine what he may be referring to. Is it distance/time? Is it just a hair-brained averaging of what he sees on his speedo? I have never heard of distance/time calculations being done "freehand" before, VASCAR sure, but there would be too much error in a seat of the pants affair, hell, what kind of grades did he get in math, how did he calculate this while driving and what standardized markers did he employ? Even with VASCAR there is a question of how accurately the cop pushed the button.

    Good luck, give him hell.

    Regards,
    Bill
     
  18. ArtS

    ArtS F1 World Champ
    Owner Silver Subscribed

    Nov 11, 2003
    12,392
    Central NJ
    RE Post 11:

    Tony,

    Sorry, but that is a bunch of nonsense.

    Regarding whether the OP was actually speeding: let me ask you about a simplified scenario: Do you agree that if you are traveling the speed limit, and pass a police officer in a stationary police car, the police officer must exceed the speed limit to catch up to you if you continue traveling at the speed limit?

    Regarding the ticket: The law is the US is inocent until proven guilty. What was presented was the reverse - its like saying 'based on my years of police work, I know your guilty of ______'. Presently, the blank has the word 'speeding' in it; what would be your opinion if the word was something harsher?

    Regards,

    Art S.
     
  19. ntingle

    ntingle Karting

    Nov 1, 2003
    52
    Los Gatos, CA
    Full Name:
    Nick Tingle
    Get your own GPS unit or satnav that records your location and speed. Download your route and show that you were not speeding.

    I have one on my mountain bike, I'm sure you should be able to get one that would work in a car.
     
  20. Kds

    Kds F1 World Champ

    Got out of a similar type of ticket a few years ago.

    Knew I was being paced by an unmarked car in a residential area, for an abnormally long time. I was driving a Speed Yellow Porsche 996 TT and doing 45-50 KMH in a 50 zone. Sure enough I get lit up and given the, "going to write you a ticket for going 75 as I was pacing you" spiel.

    I parked legally on the side of the road, locked my car, went back to the cruiser and asked him where he did this.....and he said in the last 3-4 blocks. So I said OK........pulled out my cellular and said that I am going to call a flatdeck right now and have my car towed over to the dealer while you are here. I will pay them to download the ECU parameters that get stored for the last 5 minutes of vehicle operation, for use in court to get this ticket thrown out. I can have the data downloaded within the hour and it would show gears, RPM's, speeds, etc.........

    Then I will sue you personally and the department for harrasment as well as file a formal grievance. "What would you like to do"..........he let me go with a verbal warning. I thought his head was going to explode.
     
  21. ross

    ross Three Time F1 World Champ
    Owner Silver Subscribed

    Mar 25, 2002
    37,790
    houston/geneva
    Full Name:
    Ross
    that certainly sounds effective, provided that they couldnt then requisition the rest of the info for the last 200 miles of speeding !!

    frefan, i would ask a local lawyer's advice. also you should get some background on the cop. there is a reason he is acting like this, and finding out why, may explain things and allow you to short circuit the issue more effectively.
     
  22. Under PSI

    Under PSI F1 Rookie

    May 13, 2005
    4,240
    Phoenix
    Full Name:
    Jim
    #22 Under PSI, Sep 23, 2009
    Last edited: Sep 23, 2009
    To the best of my knowledge, in AZ, as long as you are a participant in the conversation, you can record it without the other person being told (according to my atty, about 3 wks ago). The OP appears to reside in Reno, NV though, and also mentioned 'CHP' in his original post so I assume we're talking about California, unless I missed something.
     
  23. 2000YELLOW360

    2000YELLOW360 F1 World Champ

    Jun 5, 2001
    19,800
    Full Name:
    Art
    Mike:

    If you appear in front of that same judge, you will lose, no matter the evidence. The CHP officer is there all the time, and the Judge listens to him nd to rule against him would be a breach of faith. Those little counties are very "home town".

    CCP 170.6 (disqualifying the Judge) must be done within 10 days of your becoming aware of who the Judge is or isn't.

    Art
     
  24. Easyrider7467

    Easyrider7467 Formula Junior

    Nov 3, 2005
    980
    Northen N.J.
    Full Name:
    John
    THAT IS THE BEST !!!!! LOL. Would have loved to see that expression.
     
  25. Under PSI

    Under PSI F1 Rookie

    May 13, 2005
    4,240
    Phoenix
    Full Name:
    Jim
    You are more brave than I am.
     

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