HELP!? Speeding Ticket on Interstate!

[MacGaven]

Originally posted by: furiogiante

Originally posted by: Viper GTS


Your "story" doesn't mean anything.

The only thing that matters is:

Were you driving in excess of the speed limit?

If at the end of your story you say yes to that question, it's all over.

You obviously have NO clue what to do/say, my advice to you is hire a lawyer. You won't even have to go to court, & odds are good you'll get out of the ticket. If you show up to contest it on your own the judge will laugh at you for being a moron.

Viper GTS

Viper, if the judge is in fact a judge, then there will be a decent chance of not-guilty or possibly dismissal. Hiring a lawyer for this matter is overkill - you will pay the Devil...I mean lawyer...more than the actual cost of the ticket, and probably more than the total increase in your insurance. You should not need a lawyer for a simple speeding ticket, unless you are in jeopardy of losing your license.

MacGaven, it's all in what you do NOT say in court as well. Offer no more information than is requested, unless it bolsters your point.

A big Thank You to furiogiante for providing some real and useful advice!

This is a big help and I am definetly going to plan each step I take in contesting these charges.

 

[cressida]

another one of these threads?

 

[4Lclovergirl]

Sorry, I was just giving you my experience in courts and what they are out for, your money. I even said ignore the money etc. BTW, In NJ there are 2 different reckless driving, one is no points, the other is suspension of license for 6 months. I know laws are differnt, but you wanted to know if you thought you could get out of your ticket. I said yes probably, without even having to tell a story, they will bargin it down b/c all they want is money. I think that's the same in all traffic courts.

 

[Spac3d]

Originally posted by: furiogiante
I have gotten out of 3:5 traffic tickets I have been given, once avoiding a 6 month suspension and big fees...here's what you should do:

1. Check the NM revised code (or whatever NM calls it's lawbook). This should be readily available online. Find out the recovery distance for passing a moving vehicle. Usually, it is at LEAST a 1/4 mile. If you can create a reasonable doubt that the police officer tagged you inside of that distance after passing the semi, you are golden.

2. File a discovery motion. Find out if the radar gun has been calibrated and certified within a reasonable time period. Find out when the officer is scheduled to work. Change the court date to a time period in which he ON duty - he cannot be in court while he is supposed to be in the field. These are all matters of public record, so obtaining them should not require more than a phonecall. Give a good excuse as to the reason for changing the court date too. Offer a couple options for an alternate date, making sure the cop is ON duty for each.

3. Pray that it is not a local yokel kangaroo court. If you are going before a mayor in mayor's court, you are screwed and better off paying the ticket. If the magistrate is an ACTUAL judicial type, then you have a chance to win. Find out what the cop's jurisdiction is as well. Perhaps he was outside of his bounds when he clocked you.

4. The semi also may help you. Radar (unless he clocked with Laser) picks up the strongest signal in it's range, meaning the semi is a more likely target for the broad sweeping area of a radar gun.

Remeber, all you have to do is create reasonable doubt in the court's mind. If you can do that, the magistrate is supposed to rule in your favor. If the cop can't attend, you are an immediate dismissal. It will take some time to do these things, but points on your record at 25 is bad. If you were 26, it would not affect you as badly as your current age. How about that crap! =)

GL!

Well said. Good advice to all.

 

[Ophir]

This is not going to help much, but next time ask to see the radar readout. If he quoted a specific speed and "radar verified" he has to show the readout. If he doesn't, he can only say how fast he thinks you were going, i.e. 89-93MPH. This doesn't mean much as you were passing a truck and may have looked as if driving much faster than you really were. For all he knows (and can prove) the truck may have been doing 55 and you were doing 70 to pass. At that point your speed becomes relative and not absolute, judges tend to frown on that - especially when the trooper is trying to explain it a month later.

 

[Angrymarshmello]

Why is 75 a minimum if it's called the speed limit? It never ceases to amaze me how people think that despite speeding on this same route 15 times back and forth, that they've never gotten caught so that's the REAL speed limit. Oops I mean speed minimum.

 

[mpitts]

My dad got pulled over a long time ago and attempted to use the "keeping up with the flow of traffic" excuse.

The police officer said "Do you ever go duck hunting?"

My dad said "No."

So the officer says "When you are duck hunting, you can't shoot every duck in the flock. You have to key in on one and aim for it. You were the unlucky duck today."


The moral of the story is that keeping up with the flow of traffic is not a defense for speeding.

 

[thomsbrain]

Originally posted by: kranky
I'm puzzled how it matters that (1) you've never been stopped before; or (2) it's the "normal" speed for the Interstate.

you don't drive on the freeway much, do you?

 

[rgwalt]

Originally posted by: MacGaven

Originally posted by: kranky
I'm puzzled how it matters that (1) you've never been stopped before; or (2) it's the "normal" speed for the Interstate.

I believe that I am a good driver.

I also have never been stopped when driving during the day or at night through this interstate and consistently keeping the pace of the cars around me which is 80-85MPH. This particular case I was about four and half hours into my journey to Albuquerque,NM and it was 10:48 PM at night.

The posted speed limit is 75MPH but I was taught that this is the minimum and you are to keep pace with the cars around you. 80-85 MPH seems very reasonable to me.

I also felt as thought the officer was put off by my age, 25, and that's why he seemed so eager to catch me on something and then annoyed by my questions.

The post speed LIMIT is the MAXIMUM, not the minimum. Whoever taught you that it was the minimum and that you needed to keep pace with traffic is wrong, and they gave you bad instructions. The law states that you aren't supposed to exceed the posted speed limit. You admit that you exceeded this limit, so I don't see how you think that you didn't break the law. You can be the best and safest driver in the world. That DOES NOT MATTER when it comes to a speeding ticket. The judge will not care. If you tell him/her that you were speeding, but you are a good driver, they will laugh in your face and rule against you on the spot.

The only two avenues you have in this case are to contest that you weren't speeding, which is tough to prove. This isn't the best course of action. The other avenue is to ask if the court offers a diversion program where you pay extra to get out of a fine as long as you don't get caught speeding again.

If you don't want to take the risk of getting a speeding ticket, then don't speed. Don't complain when you break the law and get caught.

Ryan

 

[Sundog]

So, let?s see if I can sum up the very basic points here.

1. You know right from wrong and have the ability to make clear conscious decisions on your own.

2. You made your own decision to go faster than the posted speed limit. This was a calculated risk on your part.

3. You were caught and are now whining about it.

Sorry, NO sympathy here. I speed all the time in Colorado, Nevada and Utah and if I ever get a ticket the last thing I will do is whine about it.

 

[Soybomb]

Sorry man it sounds like you earned the ticket. He tagged you on radar while you were passing a vehicle. Even if keeping up with traffic were a good excuse, keeping up doesn't mean passing. Arguing that its the "normal" speed isn't going to help get you out of the ticket, they're questioning if you broke the law or not. If you want out of it you might check into a lawyer since you're not making the best case for yourself so far.

 

[kranky]

Originally posted by: thomsbrain

Originally posted by: kranky
I'm puzzled how it matters that (1) you've never been stopped before; or (2) it's the "normal" speed for the Interstate.

you don't drive on the freeway much, do you?

Daily.

My point was that neither of the two points I mentioned are going to help one iota in getting out of a ticket.

 

[rgwalt]

Originally posted by: furiogiante
I have gotten out of 3:5 traffic tickets I have been given, once avoiding a 6 month suspension and big fees...here's what you should do:

1. Check the NM revised code (or whatever NM calls it's lawbook). This should be readily available online. Find out the recovery distance for passing a moving vehicle. Usually, it is at LEAST a 1/4 mile. If you can create a reasonable doubt that the police officer tagged you inside of that distance after passing the semi, you are golden.

2. File a discovery motion. Find out if the radar gun has been calibrated and certified within a reasonable time period. Find out when the officer is scheduled to work. Change the court date to a time period in which he ON duty - he cannot be in court while he is supposed to be in the field. These are all matters of public record, so obtaining them should not require more than a phonecall. Give a good excuse as to the reason for changing the court date too. Offer a couple options for an alternate date, making sure the cop is ON duty for each.

3. Pray that it is not a local yokel kangaroo court. If you are going before a mayor in mayor's court, you are screwed and better off paying the ticket. If the magistrate is an ACTUAL judicial type, then you have a chance to win. Find out what the cop's jurisdiction is as well. Perhaps he was outside of his bounds when he clocked you.

4. The semi also may help you. Radar (unless he clocked with Laser) picks up the strongest signal in it's range, meaning the semi is a more likely target for the broad sweeping area of a radar gun.

Remeber, all you have to do is create reasonable doubt in the court's mind. If you can do that, the magistrate is supposed to rule in your favor. If the cop can't attend, you are an immediate dismissal. It will take some time to do these things, but points on your record at 25 is bad. If you were 26, it would not affect you as badly as your current age. How about that crap! =)

GL!

1) I thought the recovery distance only applied to two lane roads... It sounds like he was on a four lane highway, though I could be wrong.

Ryan

 

[DBL]

Originally posted by: furiogiante
I have gotten out of 3:5 traffic tickets I have been given, once avoiding a 6 month suspension and big fees...here's what you should do:

1. Check the NM revised code (or whatever NM calls it's lawbook). This should be readily available online. Find out the recovery distance for passing a moving vehicle. Usually, it is at LEAST a 1/4 mile. If you can create a reasonable doubt that the police officer tagged you inside of that distance after passing the semi, you are golden.

2. File a discovery motion. Find out if the radar gun has been calibrated and certified within a reasonable time period. Find out when the officer is scheduled to work. Change the court date to a time period in which he ON duty - he cannot be in court while he is supposed to be in the field. These are all matters of public record, so obtaining them should not require more than a phonecall. Give a good excuse as to the reason for changing the court date too. Offer a couple options for an alternate date, making sure the cop is ON duty for each.

snipped....

GL!

You must have read that book titled something like "How to beat a speeding ticket". In reality though, I found most of the advice useless. It may work in some states but in my experience, when you arrive at court, often the judge calls you up along with the officer in a sort of "pre-trial" meeting and asks for your version. Depending on your previous record, he then gives you the option of accepting a slightly reduced charge or continuing on to an official trail. I always got the distinct impression that opting to press the case further would probably not be the most intelligent decision. Of course if you opt to hire a lawyer, then that is a completely different story as most likely the judge and lawyer know each other. To reasonably be assured of getting off, you need to hire a lawyer based in the same county as the courthouse. Whether this makes financial sense is another matter altogether.

Also, you said that you could request a court date when the officer is on-duty. It is my understanding that this is not true. Officers are given time off to attend to their contested cases. It is cake for the officer to show up for a couple of cases rather than work a normal day. There is a very high probability that the officer will show up. What I remember in the book that I read is it saying that you should try some social engineering to determine the officers vacation time. That would be the ideal time to schedule you court date.

 

[Rainsford]

You were speeding and got caught, and you're getting a ticket. Take it like a man.

 

[Bulldozer]

Your story is no different than anybody elses. Jeez be happy the speed limit is 75, it never goes above 65 in IL.

You didn't do anything wrong. I didn't do anything wrong when I received a speeding ticket the other day. The revenue generator was obviously driving faster than me to catch up to me and pull me over (his lights weren't on until he was right behind me). He radared me at 74 but at times I was going faster than that on a country road. It's okay if he exceeds the "speed limit" though, as he needs to serve and protect (generate revenue). I haven't figured out why it is okay for him to "speed" to pull me over. Seems that if I'm commiting this dangerous act they should be setting up a roadblock ahead. If their goal is to eliminate this "problem", they shouldn't be contributing to it.

Bottom line, you might show up to court and have it dropped (not likely unless the officer doesn't show up. They are usually paid overtime to show up to court). You are not, however, an exception to the rule by any means. Bend over and take it like the rest of us.

 

[Yossarian]

Originally posted by: MacGaven

Originally posted by: kranky
I'm puzzled how it matters that (1) you've never been stopped before; or (2) it's the "normal" speed for the Interstate.

I believe that I am a good driver.

I also have never been stopped when driving during the day or at night through this interstate and consistently keeping the pace of the cars around me which is 80-85MPH. This particular case I was about four and half hours into my journey to Albuquerque,NM and it was 10:48 PM at night.

You should say all that in court, maybe they'll give you more speeding tickets for your admitted infractions

Speed limit is the minimum, rofl Turn in your license.

 

[Busie23]

I really don't understand why people side with the police? I can understand if this guy was driving dangerously or what not but when your doing the speed that is normal for a road and get ticket it's a bunch of BS.

We all know roads where the posted limit is clearly not followed. As a matter of fact there is a stretch of raod near me that is posted at 35 mph and everyone does at least 50 mph. No one ever gets tickets on this road and it has been this way for at least 3 years, and they have no plans for raising the limit anytime soon.

The police should be out to serve and protect not generate revenue off BS tickets for speeding. Now if you are driving craxy then yea get a ticket, but if you are not driving dangerously there is no reason for it.

 

[Ylen13]

Originally posted by: Soybomb
Sorry man it sounds like you earned the ticket. He tagged you on radar while you were passing a vehicle. Even if keeping up with traffic were a good excuse, keeping up doesn't mean passing. Arguing that its the "normal" speed isn't going to help get you out of the ticket, they're questioning if you broke the law or not. If you want out of it you might check into a lawyer since you're not making the best case for yourself so far.

actually you may want to review your state law or just pick up the driving booklet from your local dmv and you will find that it says you have to keep up with the traffic. Also he was passing a truck. I could be wrong but isn't the speed limit for trucks on that interstate 55 if so the officer may have missjudged the speed of how fast he was going as he most likely was comparing it to the truck. Also beeing radared dont' mean a thing if the radar colebration is off.

 

[Mill]

Originally posted by: Busie23
I really don't understand why people side with the police? I can understand if this guy was driving dangerously or what not but when your doing the speed that is normal for a road and get ticket it's a bunch of BS.

We all know roads where the posted limit is clearly not followed. As a matter of fact there is a stretch of raod near me that is posted at 35 mph and everyone does at least 50 mph. No one ever gets tickets on this road and it has been this way for at least 3 years, and they have no plans for raising the limit anytime soon.

The police should be out to serve and protect not generate revenue off BS tickets for speeding. Now if you are driving craxy then yea get a ticket, but if you are not driving dangerously there is no reason for it.

Because 97% of all people speed, and the limit is the law. If you break it, deal with it like the rest of us. I don't understand what is so hard about.

 

[Mill]

Originally posted by: MacGaven

Originally posted by: hdeck

What are my chances of contesting this ticket? I have traveled this interstate many times and the average speed is 80-85MPH and I was keeping the pace of the other drivers around me (the speed of the truck) when I decided to pass on the left hand side. I don't want my record tarnished when I know I wasn't "speeding" or driving outside of the normal range for this interstate.

don't say that in court.

Why is that? I know that I will point out that I have experience driving through this interstate for very long trips and have never had any problems.

If you say that you are admitting guilt. Don't say that because you will lose.

 

[edro]

If you were going 76 in a 75, you deserve the ticket. It's the law. I drive 80-90 all the time here in Columbus, and when I get a ticket, I know I deserve it. If you go to the judge, and you say you were speeding.... he will say "case closed", you are guilty.

 

[Ylen13]

Originally posted by: edro13
If you were going 76 in a 75, you deserve the ticket. It's the law. I drive 80-90 all the time here in Columbus, and when I get a ticket, I know I deserve it. If you go to the judge, and you say you were speeding.... he will say "case closed", you are guilty.

why are you and all other people reply to this thread and say he is guilty when he knows he is guilty. He didn't ask for people to post you are guilty and pay the ticket, he asked for help to fight the ticket. So if you can't give advice on how to fight the ticket then don't post its not like if everyone say to him you are guilty he is not going to fight the ticket. He already made up his mind way before he posted so stop posting " you are guilty pay the fine"

 

[Mill]

Originally posted by: Ylen13

Originally posted by: edro13
If you were going 76 in a 75, you deserve the ticket. It's the law. I drive 80-90 all the time here in Columbus, and when I get a ticket, I know I deserve it. If you go to the judge, and you say you were speeding.... he will say "case closed", you are guilty.

why are you and all other people reply to this thread and say he is guilty when he knows he is guilty. He didn't ask for people to post you are guilty and pay the ticket, he asked for help to fight the ticket. So if you can't give advice on how to fight the ticket then don't post its not like if everyone say to him you are guilty he is not going to fight the ticket. He already made up his mind way before he posted so stop posting " you are guilty pay the fine"

I am giving him ADVICE because fighting this ticket is a burden he doesn't want to face. He will have to drive down to NM, plead innocent and probably not accomplish much. How many tickets have you fought?

 

[Soybomb]

Originally posted by: Ylen13

Originally posted by: Soybomb
Sorry man it sounds like you earned the ticket. He tagged you on radar while you were passing a vehicle. Even if keeping up with traffic were a good excuse, keeping up doesn't mean passing. Arguing that its the "normal" speed isn't going to help get you out of the ticket, they're questioning if you broke the law or not. If you want out of it you might check into a lawyer since you're not making the best case for yourself so far.

actually you may want to review your state law or just pick up the driving booklet from your local dmv and you will find that it says you have to keep up with the traffic. Also he was passing a truck. I could be wrong but isn't the speed limit for trucks on that interstate 55 if so the officer may have missjudged the speed of how fast he was going as he most likely was comparing it to the truck. Also beeing radared dont' mean a thing if the radar colebration is off.

Could you show me an example of a state where its illegal to not exceed the speed limit? If the leo got a reading of 85 on the radar and the poster goes to court and says he was passing a truck and believes the radar reading was for the truck and not him, all he's saying is he was going even faster since he was passing the truck