[gsusnake]

So, I got caught again. 47 in a 30 this time. The limit had just gone from 55 to 30 and I was applying my brakes to slow down.

This one was kinda interesting, though. When I called the municipal court to request a court date extension (as I always do, I've had two tickets thrown out because the officer didn't make it to court after I got three or four extensions) they told me the only reason I could have my date extended was if I was military being deployed.

The officer also did not pull me over immediately. I was about 4 miles away from where I was allegedly clocked and I'm fairly certain he lost sight of my vehicle.

The fine is $140, plus the enormous rise in insurance rates... is it worth my money to get a lawyer to get out of this?

 

[AV8R]

I asked that same question of a lawyer when I got a 84 in a 55 ticket last labor day. He pretty much said "no." Best thing you can probably do is show up, plead not guilty, and fight it. If you can get it reduced to a lower speed or to an offense that's not a moving violation then you're better off than before.

 

[ptsmith24]

Where were you? 55 to 30 isn't that common...

 

[Thorsen]

I have only challenged one ticket in court and even had a lawyer for the challenge. While the charge was changed to something else (can't remember what exactly) the fine ended up being the same. It just saved me from having another speeding ticket on my record is all which didn't do me a whole lot of good since my insurance company doesn't increase rates for speeding tickets unless you accumulate a lot of them.

 

[ThetaReactor]

Where were you? 55 to 30 isn't that common...

My guess is rural highway into downtown podunk.

 

[ptsmith24]

Where were you? 55 to 30 isn't that common...

My guess is rural highway into downtown podunk.

Every small town I've been to (many many of them) are never like that...

 

[gsusnake]

Where were you? 55 to 30 isn't that common...

Hwy 67 into Pembroke.

It went 55... then 1000ft later to 45... then 1000ft later to 30.

I'm not going to slam on my brakes with a semi truck up my tailpipe just to comply with a speed trap.

 

[Malum Prohibitum]

It went 55... then 1000ft later to 45... then 1000ft later to 30.

That's legal.

 

[ptsmith24]

1000 ft is plenty to slow down 10 mph....even without using brakes. If the truck hit you, who's fault do you think it would have been? How is it a speed trap? It's not like you're rounding around a blind corner in a 70 zone and all the sudden it's 25...

 

[gsusnake]

The angle I'm going to take in court is that the officer lost sight of me between clocking me and pulling me over. Burden of proof is on the state that I was operating the motor vehicle at the time of the incident, right?

Barring that, I'm going to attempt to get the charge reduced to less than 14 over in return for a guilty plea so it doesn't go on my record.

 

[VolGrad]

The angle I'm going to take in court is that the officer lost sight of me between clocking me and pulling me over. Burden of proof is on the state that I was operating the motor vehicle at the time of the incident, right?

Barring that, I'm going to attempt to get the charge reduced to less than 14 over in return for a guilty plea so it doesn't go on my record.

IMO - Your only hope is to plead guilty and request a driving course or something to try to help out on your insurance and avoid points on your license. I really don't think your argument about the cop losing sight of you will sway the judge. I went to court one time with a similarly clever (in my mind) argument. The judge didn't even slow down to listen to consider it. They will almost always rule in the cop's favor. I was fined just the same, and after court costs might have even cost me more IIRC.

 

[fallison]

1000 ft is plenty to slow down 10 mph....even without using brakes. If the truck hit you, who's fault do you think it would have been? How is it a speed trap? It's not like you're rounding around a blind corner in a 70 zone and all the sudden it's 25...

It being the truck driver's fault doesn't help much if you are dead.

 

[gsusnake]

The angle I'm going to take in court is that the officer lost sight of me between clocking me and pulling me over. Burden of proof is on the state that I was operating the motor vehicle at the time of the incident, right?

Barring that, I'm going to attempt to get the charge reduced to less than 14 over in return for a guilty plea so it doesn't go on my record.

IMO - Your only hope is to plead guilty and request a driving course or something to try to help out on your insurance and avoid points on your license. I really don't think your argument about the cop losing sight of you will sway the judge. I went to court one time with a similarly clever (in my mind) argument. The judge didn't even slow down to listen to consider it. They will almost always rule in the cop's favor. I was fined just the same, and after court costs might have even cost me more IIRC.

I refuse to believe that this is my "only hope."

 

[legacy38]

IIRC, speed decreases can't be more than 10mph increments along the same roadway.

If it took the officer that long to stop you, you might question as to whether or not he lost sight of you and then try to raise the issue of mistaken identity of your vehicle.

What speed detection was used? There are regs government there use that you could bring into question.

 

[gsusnake]

IIRC, speed decreases can't be more than 10mph increments along the same roadway.

If it took the officer that long to stop you, you might question as to whether or not he lost sight of you and then try to raise the issue of mistaken identity of your vehicle.

What speed detection was used? There are regs government there use that you could bring into question.

I plan on questioning the length of time it took to stop me. It was long enough that I was thinking, "Crap, what did I do? Do I have an expired tag? Do I have a taillight out? Did I screw up and run a red light?"

And he used radar, from a stationary position. I didn't request a calibration check as the ticket states it was calibrated approximately 2 hours before I was stopped.

 

[ptsmith24]

1000 ft is plenty to slow down 10 mph....even without using brakes. If the truck hit you, who's fault do you think it would have been? How is it a speed trap? It's not like you're rounding around a blind corner in a 70 zone and all the sudden it's 25...

It being the truck driver's fault doesn't help much if you are dead.

:roll: If you're so worried about a truck riding your ass, you can pull over or let him pass you...

 

[tj2000]

You could?????

IIRC, speed decreases can't be more than 10mph increments along the same roadway.

If it took the officer that long to stop you, you might question as to whether or not he lost sight of you and then try to raise the issue of mistaken identity of your vehicle.

What speed detection was used? There are regs government there use that you could bring into question.

I plan on questioning the length of time it took to stop me. It was long enough that I was thinking, "Crap, what did I do? Do I have an expired tag? Do I have a taillight out? Did I screw up and run a red light?"

And he used radar, from a stationary position. I didn't request a calibration check as the ticket states it was calibrated approximately 2 hours before I was stopped.

You could go to the court house and request the external calibration records of the radar and request the last training update on the officer for the use of that radar. I did this about 15 years ago and the officer was 3 months overdue on his retraining and the ticket got thrown out.
:2cents:
Good luck.....

 

[USMC - Retired]

gsusnake,
Lesson to be learned here is to stop smoking crack and slow down.... :lol:

 

[AeroShooter]

IIRC, speed decreases can't be more than 10mph increments along the same roadway.

If it took the officer that long to stop you, you might question as to whether or not he lost sight of you and then try to raise the issue of mistaken identity of your vehicle.

What speed detection was used? There are regs government there use that you could bring into question.

I plan on questioning the length of time it took to stop me. It was long enough that I was thinking, "Crap, what did I do? Do I have an expired tag? Do I have a taillight out? Did I screw up and run a red light?"

And he used radar, from a stationary position. I didn't request a calibration check as the ticket states it was calibrated approximately 2 hours before I was stopped.

It will be worth your time to examine the law a bit on this matter. When I fought my last ticket in 1999, I learned that LEO's in Georgia (with exception of State Troopers) were required to advise you of your right to have the unit's calibration tested in your presence. You must be advised of this before the citation is issued. If they fail to do this, then the citation is void. Of course, you must not admit guilt or the gig's up.

Of course, always ask for disclosure... I made my disclosure request in this case, which was ignored by the solicitor. The judge forced him to comply and delayed the action for another month... which gave me leverage to negotiate a plea.

My negotiating strategy was based on the idea that no matter what, I would have to pay the money (which is what they really want) but I wanted to mitigate all the downside potential regarding points & insurance.

 

[VolGrad]

I refuse to believe that this is my "only hope."

You are free to believe what you want. Let us know how this turns out for you. Didn't you say this was your 3rd one recently? Half the battle is admitting you have a problem. With a track record like that it is doubtful that any argument which isn't substantiated by proven facts would sway the judge.

THE FOLLOWING STATEMENT IS A GENERAL ONE, NOT DIRECTED AT GSUSNAKE:

I always think it is funny how worked up people get about speeding tickets. We all speed. Most reasonable people admit to it (just not in court). They're just get mad that they were the one to get caught. Then they blame the cop and/or try to find some legal loophole to get out of paying a fine. Everyone wants the cops to do their job, to be professional, to know every minute detail of the law, then they criticize them when they apply it to speed enforcement. I hate getting speeding tickets as much as the next guy, however, when you're caught, you're caught. Man up people. On this forum we go on and on about doing the right thing based on principles. I guess that all goes out the window when we get caught actually breaking the law.