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Went to court for a 110+ in a 55 ticket

Discussion in 'General Automotive Discussion' started by robiferretti, Jul 1, 2004.

  1. robiferretti

    robiferretti F1 Rookie

    Oct 31, 2003
    3,252
    NYC area
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    rob ferretti
    Which I wasn't doing, cops shut down the highway and wrote 25 of the same ticket one night, so being that I was in a sports car they gave it to me too. Then i went to court without a lawyer because the only way i could lose is if the cop lies on the stand. The cop and the judge took a 2 min recess outside the court room before my trial. Sure enough under direct questioning the cop lied and said he paced me and could positively ID my car as moving over 110 mph.... I gave all the evidence explaining how i wasn't part of the speeding cars. But the judge didn't listen and found me guilty because "the cop is out in the interests of justice" so he believed him over me.

    Anyway now i am off to pay my ticket $655 :(

    gotta go to the bank to change it all over to singles :) I hate police.

    PS: I am only paying it in singles because i am appealing it with a lawyer now, if i wasn't appealing it i would pay in pennies.
     
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  3. tifosi

    tifosi F1 Veteran
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    Sep 5, 2001
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    prob should have pled down prior to putting the cop on the stand. wait till you insurance co get a hold of this :)
     
  4. Fan512bbi

    Fan512bbi Two Time F1 World Champ
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    Mar 25, 2004
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    Steve.
    Why pay the ticket, if what you say is true surely you can appeal, was there any speed cameras or cctv in the area find out they may help.
     
  5. jimangle

    jimangle Formula 3

    Nov 5, 2003
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    That sucks man. I like the paying in singles though.
    Good luck with the appeal.
     
  6. tifosi

    tifosi F1 Veteran
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    another thing, if he paced you, you should have asked when the last time he had his speedometer checked and tested, there are rules around this
     
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  8. robiferretti

    robiferretti F1 Rookie

    Oct 31, 2003
    3,252
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    rob ferretti
    I HAVE to pay the ticket in order to appeal. the court says...i dont understand that, its like going to jail and serving a sentence then being fuound not guilty after the fact
     
  9. rob lay

    rob lay Administrator
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    Dec 1, 2000
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    Who knows, his speedometer may have been 50 mph off. :) I know sometimes my Ferrari speedo seems off that much.
     
  10. tifosi

    tifosi F1 Veteran
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    thats the way it works - talk to the guys on death row - their appealing too but we ain't letting them roam free while they do it :)
     
  11. Ken

    Ken F1 World Champ

    Oct 19, 2001
    16,078
    Arlington Heights IL
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    Kenneth
    110 in a 55 is serious! If you weren't speeding (and even if you were) you really should have had a lawyer to begin with. They can work magic in traffic court and for serious tickets save you $$$. Good thing you have one now; I bet you'll at the worst get to plea bargin it way down.

    Ken
     
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  13. tifosi

    tifosi F1 Veteran
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    yeah right, its a little easier to argue if you are ticketed for 60 in a 55.:)
     
  14. Fan512bbi

    Fan512bbi Two Time F1 World Champ
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    Mar 25, 2004
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    Wow that is crazy, here in the UK you dont pay untill after the appeal, what about the other 25 people surely they all were not doing 100-plus, all of you together go to the appeal surely the judge will find in youre favour.
     
  15. bobafett

    bobafett F1 Veteran

    Sep 28, 2002
    9,193
    Traffic court is a kangaroo court. Do not expect a cop to tell the truth. Also, if he shows, you lose. SImple as that. The judge will always side with someone who "knows and upholds the law."

    Sorry to hear about the mess. At least now you have an attorney. Vigorously pursue this. Can you obtain the officer's records of ticketing for the day?

    --Dan
     
  16. vegashorse

    vegashorse Rookie

    May 19, 2004
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    las vegas
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    joe caramagno
    ROB,

    THERE ARE WAYS TO ATTACK A SPEEDING TICKET B4 TRIAL..

    1. DEMAND FOR A SUPPORTING DEPOSITION.
    2. MOTION TO DISMISS FOR DEFECTIVE ACCUSATORY INSTRUMENT.
    3. MOTION FOR POLICE TO PRODUCE A CERTIFIED RECORD OF HIS SPEEDO CALIBRATION .
    4. PROOF THE CALIBRATION WAS DONE W/IN 30 DAYS.
    5. IF 3 OR 4 ABOVE NOT PROVIDED MOTION TO DISMISS
    6. HIRE ATTY WHO IS JUICED IN W/ JUDGE.
    7. CONTACT PO AND ASK HIM NOT TO COME TO COURT( BE DIPLOMATIC)

    I KNOW THIS IS ALL HINDSIGHT BUT ALWAYS CONSULT AN ATTORNEY KNOWLEDGABLE IN THIS FIELD BEFORE GOING TO COURT.
    GOING TO TRIAL BY URSELF IS A KAMIKAZE MISSION.
     
  17. coolestkidever

    coolestkidever F1 Veteran

    Feb 28, 2004
    5,486
    CT
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    Patrick
    Should have did what my dad did once. My dad is a baseball scout so he has been around radar guns his whole life so he knows which ones give fast speeds and which ones dont. So this one time i was with him somewhere in Virgina and we get pulled over for doing like 75 in a 65 (yea it was b/s). So the cop comes up to the window and my dad asks what kind of radar gun he was using, and the cop said a Jugs, so my dad told him that he knows his radar guns and that one always gives you a 5 to 8 mph faster reading. The cop belived us and he let us go and auctually apoligized. My dad has never had a speeding ticket in his life. So i encouarge all you guys that if u get pulled over for doing about 10 mph over just say that you know that those guns read fast.
     
  18. robiferretti

    robiferretti F1 Rookie

    Oct 31, 2003
    3,252
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    rob ferretti
    I did request a supporting deposition. First time i went to court cop showed up i wouldn't plea down (he offered 79 in a 55) So we went to go to trial. Went to go to trial, judge asked if i was ready, i said "yes" asked if the cop was ready, he say he "wasn't ready at this time". Then I made a motion to dismiss because i didn't have the supporting deposition. Motion denied. :( but the judge said next court date i would have a supporting dep.

    I show up on my next court date. Cop doesn't show, i make a motion to dismiss becuase i still dont have a supporting deposition. Motion denied, judge didn't remember saying it, but saw he noted it on the ticket. He moved the trial again.

    3rd time to court, officer shows up, I still dont have a supporting deposition. When he finds out i still want to go to trial, he went in the back. Wrote a new ticket and a supporting deposition for that ticket he just wrote.

    We get to trial, he dismissed the first ticket then re-issued a new ticket to me in court with the supporting deposition and we went to trial on that ticket. thats where i started the story in my original post.

    Things i didn't mention the ticket i was issued states my car is black and not blue.
    The cop asked that i be removed from the courtroom because there was someone else there with the same ticket. The judge asked the cop if he was allowed to do that, cop said "yes" and the judge asked that i be removed. and i was removed from an open courtroom (which i asked my friend who was a judge and he said that was not allowed)

    Any suggestions here i dont like the lawyer i am talking to, he's the local guy who is there every week in a K-mart suit
     
  19. Paul Vincent

    Paul Vincent Formula Junior

    Apr 3, 2004
    474
    In Illinois that violation could have resulted in your spending the night in jail, or (as one state police officer told me) you could have been placed under observation in a psych hospt all before you ever saw a judge.
     
  20. tifosi

    tifosi F1 Veteran
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    Sep 5, 2001
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    I am not a lawyer but with all that info I think you should have gotten off, NYS law requires you be provided with a written deposition within a certain time limit of the request, from what you say they failed, also the fact the cop was not ready should have helped you get off
     
  21. Tyler

    Tyler F1 Rookie

    Dec 19, 2001
    4,274
    dusty old farm town
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    Rob, that's just nuts. Un-freakin-real nuts.

    You need to dump the jackass in the short-sleeved suit you're using now and retain a good attorney. Anybody that advertises they handle traffic cases is usually a sure bet that they'll run you through like cattle and not really do a damn thing for you. Ask around and try to find one of the best criminal defense lawyers in your area. Ideally, this guy hasn't touched a traffic case in years, but knows all the judges. The guy I use for traffic tickets doesn't do traffic tickets. He's a hard core criminal defense lawyer and he does them as a favor to me. When you're lawyer shows up with you look around. If the other lawyers in the halls aren't trying to kiss ass or have a look of awe on the faces and if the judge isn't visibly surprised then you have the wrong lawyer. Downside to this is it's exensive. But think of it as a long term investment. I've spent $2000 to beat a traffic ticket before(and did beat it) and while high, when you consider the cost of increased insurance for years it's not so bad.

    Bobafett is right, traffic court is a kangaroo court. It's like walking in a bad neighborhood. If you look vulnerable your dead. These courts are looking for easy prey(revenue) and no hassles. If you look like a hassle and they think you're not bluffing you have much better odds. \

    Best of luck and I hope you are able to beat them.

    Once you find a great lawyer, stick with them. When I get a ticket I call my lawyer from the car. It should always be the first person you talk to a ticket about.
     
  22. McLaren_boy

    McLaren_boy Formula Junior

    Nov 21, 2003
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    ATL but NOLA is home
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    Jonathan
    There have to be a few lawyers on the forums who would know what to do in this situation...
     
  23. vegashorse

    vegashorse Rookie

    May 19, 2004
    24
    las vegas
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    joe caramagno
    ROB,

    THAT IS A WILD SET OF FACTS .. IT SOUNDS LIKE THEY WERE REALLY OUT TO RAILROAD U. IN NY A TIMELY DEMAND FOR A SUPPORTING DEP MUST BE SERVED ON U W/ IN 30 DAYS OF YOUR REQUEST. I AM LICENSED IN NY AND NEVADA ONLY SO I DON'T KNOW WHAT THE LAW IS IN NJ, I WOULD IMAGINE ITS SIMILAR

    MORE IMPORTANTLY WHEN THE JUDGE DISMISSED THE FIRST TICKET JEOPARDY ATTATCHES AND YOU CANNOT BE TRIED FOR THE SAME OFFENSE TWICE, AS PER THE DOUBLE JEOPARDY CLAUSE OF THE UNITED STATES CONSTITUTION. U SAY U MADE THES REQUESTS ..WERE THEY IN WRITING AND DID U USE CERTIFIED MAIL? IF THERE WAS A COURT REPORTER OR RECORDING DEVICE U NEED THE TRANSCRIPT OF THE PROCEEDINGS FOR UR APPEAL, IF NOT IT IS A MUCH TOUGHER ROAD TO HOE.
    CHECK LAWYERS.COM TO FIND A LAWYER WHO SPECIALIZES IN IN TRAFFIC/CRIMINAL, IN UR AREA
    GOOD LUCK,

    THE VEGAS HORSE
     
  24. racerx

    racerx Guest

    Nov 23, 2003
    879
    These scumballs are bustin your ass. Cops are crooked phuckers and they all play on the same team. They see you and your car and they are just getting even for their lousy life. I'm just surprised the judge didn't get up and start dancing. Without the press watching or as someone said a top notch lawyer these pieces of **** have you in a no-win game.
    T
     
  25. Paul Vincent

    Paul Vincent Formula Junior

    Apr 3, 2004
    474
    Actually, by at least a ratio of at least fifteen to one, I've had absolutely no problem with cops (and I'm no cop and neither is any reative of mine).
     
  26. racerx

    racerx Guest

    Nov 23, 2003
    879
    Paul your post about the NY times shows how the other half of the "justice" system is. The cops smell just as bad, but perhaps you have missed a newspaper article or two let alone any real life expreiences.
    T
     
  27. MikeZ_NJ

    MikeZ_NJ Formula 3

    Dec 10, 2002
    1,533
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    Mike Z.
    My grandfather was a NYC policeman, and I have to say that Jersey cops tilt the ratio in the opposite direction... 15 to 1 bad to good.
     
  28. robiferretti

    robiferretti F1 Rookie

    Oct 31, 2003
    3,252
    NYC area
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    rob ferretti
    the ticket is in NY not new jersey. Is an easy way out having black written on the ticket instead of blue? if the color of the car is incorrect does the ticket get dismissed?

    what about removing me from an open court room? do i have grounds for dismissal on that?

    BTW thanks vegas horse!
     

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