Got a speeding ticket, and now I have to get out of it

[2002GT_Celica]

OK here's the deal, I am going down a road I travel down every so often and I am going with the flow of traffic. The speed limit is 40 mph. As I am nearing the intersection at the end of the road, I see some person run out in front of me and I slam on the brakes to avoid hitting the person. Guess what? It's a cop. Great. He tells me to pull over, and I do. I roll down the window and he asks me if I know how fast I was going, I say I don't know, and honestly, I didn't even look at my speedometer, I was just going with the flow of traffic. I mean, there was a guy in back of me that was probably going 2-3 mph less than I was as I was hardly pulling on him, why did I get pulled over? Then, I think of the fact that I am a young male driving an import with a loud exhaust, body kit, rims, etc. Whatever.

Here's where I call :bs: , the guy said he has me on radar doing 65! Now, there is no way in hell that I could have been doing 65 as there was a guy in front of me and if I was going anywhere near that speed, I would have rammed into the back of him as the flow of traffic is going maybe 45 at the most, not to mention I would have ran the dumbass cop over when he jumped in front of my car from the median. Sorry, but my brake pads are on their last legs and if I was going anywhere near that speed, I would have killed the cop, which we all know would not be good. Anyways, the guy refuses to tell me the speed limit in the area when I ask, and when I tell him that I didn't think I was going nearly as fast as he claims (when he finally tells me how fast I was allegedly going after asking numerous times) I was going he says "****, you were going 25 over the limit." Interesting, cops are allowed to talk down to you and use profanity towards you. Between that comment and the ticket, that is the only way I know what the speed limit on the road is. I've been pulled over many a time, but I have never had a cop use the word "****" 3-4 times during a conversation, much less once. Anyways, that's not really what matters. What matters is the fact that I know there was no way I was going anywhere near the speed he supposedly had me on radar going (and by the way, I never saw a radar device of any kind, and I looked on his person and on his motorcycle). However, the thing is that this ticket puts points on my license obviously (he didn't tell me how many), and the fine is $170. The ticket says it is for the speeding, and I know that is why I got the ticket but for all I know, there could be more wrapped in there as they use statute numbers and he never really explained why the ticket was given (another thing I thought they were required to do).

Anyways, I really cannot afford this ticket right now. I recently lost my job and I have almost no money. I was going to use the little money I have to buy some Wings West sideskirts, but I don't think that will be happening now. I am going to plead not guilty, that is for sure, but if I lose, I am going to need the money to pay this thing off. Is there any way I can get out of this in court? Even if he does "have me on radar?" I mean, for all I know, the radar could have said something like 45 mph and he could have made the 65 mph part up (just an example people). Seriously though, this guy pulled a Camaro over right after me and I saw it going down the road (I was looking out the back of my car as he was writing up my ticket in back of the car) and there was no way he could have seen if it was speeding as he was busy writing. I mean, the three cars (including mine) that I have seen him pull over were all nice sporty cars.

Nonetheless, if I go to court, do I have any chance of winning my case? I mean, the guy nearly caused me to hit him (although thanks to the Celica's good brakes, he is alive), then won't tell me the speed limit of the area (I had to do the math myself and by that point he had the ticket written up already), and on top of it all, he wouldn't tell me how fast I was going until he wrote up the ticket, and I find it funny how the speed isn't 66 or 67, but a rather rounded number like 65. Can I represent myself in court? And moreover, when I do take this to court, and he does show up (I have heard that if the officer doesn't show up that you win automatically), what should I make my argument on?

[F22-Raptor]

Yes you can represent yourself in court. The first obvious way to get of it is if the cop doesn't show up. The cop, if you ask, has to show you the radar gun (i believe, states vary) You can also do things to discredit the office while in court. I have read they have to calibrate the radar gun before going out and after they come back so that they know they are accurate. More to the point radar must work on the side it doesn't work straight in front or back. Therefore I believe it is impossible to get a reading on you from the front. plus I know of no known stationary radar on bikes which means he would have had to point it at you in order to get a speed reading. There are plenty of links on the Internet on what exactly to do in order to get out of them if you believe you were not at fault. Good Luck

[2002GT_Celica]

Originally posted by F22-Raptor
Yes you can represent yourself in court. The first obvious way to get of it is if the cop doesn't show up. The cop, if you ask, has to show you the radar gun (i believe, states vary) You can also do things to discredit the office while in court. I have read they have to calibrate the radar gun before going out and after they come back so that they know they are accurate. More to the point radar must work on the side it doesn't work straight in front or back. Therefore I believe it is impossible to get a reading on you from the front. plus I know of no known stationary radar on bikes which means he would have had to point it at you in order to get a speed reading. There are plenty of links on the Internet on what exactly to do in order to get out of them if you believe you were not at fault. Good Luck

Thanks for the information, that is all helpful. I never saw any radar device and he didn't point anything at the Camaro and I watched him, he just runs out in front of cars as crazy as that sounds. I mean, the guy doesn't even look at something on his bike, which means there probably was no radar gun. The only thing he had in his hand when he ran in front of my car was a notepad thingy to write my ticket up with. And anyways, he got his reading from a median, which is probably at a 15 to 20 degree angle from where I was, so if what you say about radar only working from the side, then he didn't really get a true reading.

Another question, if I go to court, do they charge you with more penalties or fees if you lose?

[F22-Raptor]

15 to 20 angle is really all they would need (sorry) but check in to the other parts of it. Try to cast doubt on his credibility in court. All you have to do is get reasonable doubt. But don't go in there and try the "he only pulled me over becasue he stereotyped me" Tho it is proly true the judge will instantly get a bad opinion of you.

[gts24]

You need to post in the Florida section. Do a search on www.qwestdex.com for traffic lawyers or attorneys.


Florida seems like an easy place to get out of a ticket. I remember some guys from Florida being on here bragging about using a lawyer to get outta a ticket easy.

[Celica2K2]

i believe that, cops are ****s. me and my brother were in a parkin lot full of cars and my bro revs his engine and the cop walks his happy ass all the way to the car and tells my brother "oh your think your funny you piece of ****, you know thats a 150 fine." i was smilin tryin not to laugh and the cop tells me "you better wipe that ****in smile of your face and get the **** outa here. lol
:chuckles: before that i never knew you could get fined for revvin.

[2002GT_Celica]

Originally posted by gts24
You need to post in the Florida section. Do a search on www.qwestdex.com for traffic lawyers or attorneys.


Florida seems like an easy place to get out of a ticket. I remember some guys from Florida being on here bragging about using a lawyer to get outta a ticket easy.

The thing is this...using a lawyer will run me more money than the $170 fine. I think I can build a case though on the fact that I never saw a radar gun and the fact that if I was supposedly going as fast as he says I was, I would have never been able to stop in time in order not to run him over. Not only that, why would anyone in their right mind be going 65 mph 50 yards away from an intersection? Especially one where the light is red? It's ridiculous to say I was going that fast. No, I won't say I was stereotyped, I'll just give my case that the speed I allegedly was traveling at was absurd, not only that, he pulled over other people as well as myself without using radar. I saw this guy as I was going down the road, the only thing he had was a notepad. That alone should give me reasonable doubt.

And about posting this in the FL forum, I wouldn't because most of the people in the forum are nice, but for the most part post whore and hi-jack threads. It's kinda like a mini-OT.

[gts24]

Ok, take it from someone that has had numerous speeding tickets. So numerous in fact, I got my license suspended. (I have no accidents, no dwi/dui either)

Paying $170 right now to COMPLETELY wipe out a ticket without much risk is absolutely the better investment.

You will pay out the ass for insurance EVENTUALLY. 1 ticket may not affect your record that much, but what happens when you get another.

Get that sucker wiped out. Do it now.

You bought a car right? that was an investment. What's $170 in light of the possibility that eventually you may get screwed over a ton more by your insurance company. It is TOTALLLY worth it.

[2002GT_Celica]

Originally posted by gts24
Ok, take it from someone that has had numerous speeding tickets. So numerous in fact, I got my license suspended. (I have no accidents, no dwi/dui either)

Paying $170 right now to COMPLETELY wipe out a ticket without much risk is absolutely the better investment.

You will pay out the ass for insurance EVENTUALLY. 1 ticket may not affect your record that much, but what happens when you get another.

Get that sucker wiped out. Do it now.

You bought a car right? that was an investment. What's $170 in light of the possibility that eventually you may get screwed over a ton more by your insurance company. It is TOTALLLY worth it.

I don't get your point here. I have gotten one ticket, this ticket, since I have bought my car and I have been over the speed limit countless times. It's all about being smart in your driving. I don't really drive that much, and when I do, it's usually within the speed limit.

But how is fighting this a risk? If I pay the ticket, I lose money, I get the points without getting to defend myself, and my insurance skyrockets. If I win, no points, no fine, no rise in insurance. What if I lose though? Do the fine and points get worse? If so, that's messed up.

[2002GT_Celica]

Also, anyone know how long it would be after I file a request to get a court date? I am hoping a while. I really don't want to have to drop $170 right now.

[gts24]

Originally posted by 2002GT_Celica


I don't get your point here. I have gotten one ticket, this ticket, since I have bought my car and I have been over the speed limit countless times. It's all about being smart in your driving. I don't really drive that much, and when I do, it's usually within the speed limit.

But how is fighting this a risk? If I pay the ticket, I lose money, I get the points without getting to defend myself, and my insurance skyrockets. If I win, no points, no fine, no rise in insurance. What if I lose though? Do the fine and points get worse? If so, that's messed up.

Uhhh the fine and points will still be assessed to your record if you lose.

I know you're probably hearing all these stories about people who go and fight tickets and win...... those stories come from the people attempting to sell you a book on "How to beat a ticket"... or whatever.

You don't get my point here, I guess I don't know how to make my point clearer. Don't fight the ticket yourself, pay a lawyer to fix it and be done with it IF YOU CAN.

The argument you are using right now will get you laughed out of the courtroom.

[2002GT_Celica]

Originally posted by gts24


Uhhh the fine and points will still be assessed to your record if you lose.

I know you're probably hearing all these stories about people who go and fight tickets and win...... those stories come from the people attempting to sell you a book on "How to beat a ticket"... or whatever.

You don't get my point here, I guess I don't know how to make my point clearer. Don't fight the ticket yourself, pay a lawyer to fix it and be done with it IF YOU CAN.

The argument you are using right now will get you laughed out of the courtroom.

This is bull****. The argument I am using is legit, I saw no radar device and there was no way I was speeding at 65 mph. Whatever though, you have more experience than I have. But if I pay the fine, then the points still go on my record, which means my insurance will go through the roof.

[gts24]

Originally posted by 2002GT_Celica


This is bull****. The argument I am using is legit, I saw no radar device and there was no way I was speeding at 65 mph. Whatever though, you have more experience than I have. But if I pay the fine, then the points still go on my record, which means my insurance will go through the roof.

Ok dude, I know it sux. Lets' level with your options here:

1. You fight it. Lets say the courtroom does NOT agree with your version of the situation. You still will most likely have a ticket on your record, they'll simply drop the fine to appease you in these situations. Occasionally they'll offer a lower fine.
2. You fight you win, well this is the best but your argument is that you didn't see the radar.... Cops can "pace" you and make a judgement call of your "apparent speed" .. I got a $275 ticket for that once. So really that argument is not gonna stick at all.
3. You pay a lawyer, one time to get this thing fixed. Yes it costs more IN THE NOW , but over the course of your upcoming life you are gonna feel less pain in the pocketbook because your insurance will never get a whif that this happened.

I know it sux. but you have the oppurtunity because of where you live to get this thing fixed the "easy way" with a lawyer....

IN Minnesota I could never do that.......

[a1even]

Originally posted by gts24


Uhhh the fine and points will still be assessed to your record if you lose.

I know you're probably hearing all these stories about people who go and fight tickets and win...... those stories come from the people attempting to sell you a book on "How to beat a ticket"... or whatever.

You don't get my point here, I guess I don't know how to make my point clearer. Don't fight the ticket yourself, pay a lawyer to fix it and be done with it IF YOU CAN.

The argument you are using right now will get you laughed out of the courtroom.

dude your reasoning is completely absurd... did you not read about what happened to him?? he got used like a little bitch, from some dumbass cop.

[gts24]

Originally posted by a1even


dude your reasoning is completely absurd... did you not read about what happened to him?? he got used like a little bitch, from some dumbass cop.

Then post what he should do please. I'm interested to hear what you think he should do.

[a1even]

what man?? definatly fight this ticket 2002GT. why would anyone give in to a ticket like this, and pay $170.. since you are tight on money you should have every reason not to pay this.
no radar, lack of cooperation, use of profanity, giving you a false actual speed.... i mean, was it that time of the month for the cop or something?
these are valid arguments you could bring up in court, that is even if he does show up. %50 chance he wont though. he knows what he did.

[a1even]

though a lawyer would be a better idea, but since he is short on cash... rep'in yourself will also give you a decent chance, but not guaranteed.

[sideshowbob]

If he got you going more than 20 over the speed limit, it will probably go on your record as a reckless op charge. Most speeding tickets are 2 points, but a reckless op is much worse. If the cop did not show you the radar gun, then look at the ticket. All my tickets have had the radar gun info right on the ticket. Usually the calibration time and gun #, etc... Just plead not guilty and explain to the judge the heavy traffic. If you slammed on your brakes to not hit this guy, go see if there are skidmarks. If there are skidmarks, measure them. You can tell within 5 mph how fast you were going based on the skidmarks. If it were me, I would fight it. Thats mostly because I have too many tickets as is.

[2002GT_Celica]

Originally posted by sideshowbob
If he got you going more than 20 over the speed limit, it will probably go on your record as a reckless op charge. Most speeding tickets are 2 points, but a reckless op is much worse. If the cop did not show you the radar gun, then look at the ticket. All my tickets have had the radar gun info right on the ticket. Usually the calibration time and gun #, etc... Just plead not guilty and explain to the judge the heavy traffic. If you slammed on your brakes to not hit this guy, go see if there are skidmarks. If there are skidmarks, measure them. You can tell within 5 mph how fast you were going based on the skidmarks. If it were me, I would fight it. Thats mostly because I have too many tickets as is.

No skid marks, if I hit my brakes too hard and start to skid, the Celica's ass end comes out and I jackknife fishtail or whatever it is called, so I made sure I didn't lose traction. Nonetheless, I came close to hitting the guy. I didn't know running out in front of cars was a normal pull-over procedure.

As far as the reckless thing goes, I didn't qualify for it. And about the radar gun thing, as far as I can see, there is no information pertaining to the radar at all. I am most likely going to fight this, hell, I might just hire a lawyer and break the bank as much as I don't want to. Man, I really wish I could find a job at times like this.

[a1even]

Originally posted by 2002GT_Celica


jackknife fishtail or whatever it is called

lmao!! jackknife is a dive in swimming. it's not a canopener either. :rofl:

[2002GT_Celica]

Originally posted by a1even


lmao!! jackknife is a dive in swimming. it's not a canopener either. :rofl:

Well, you laugh, but I couldn't afford ABS.

[redcellyinfl]

buddy

ive gotten 7 tickets in my 2 year drivind record, 6 of the 7 for speeding, and ive had worse than 25 over.. i have no points on my license, evry single one of the tickets was handled by a lawyer, the lawyer charges u anywhere from $49-$99 thats the most ive seen ever, u give the lawyer the ticket, and FORGET about it.. its like that infomercial that sells those Chicken Roaster oven things "Set it, and FORGET IT" lol ok back on topic, once u give it to the lawyer, he set a court date, then goes to court, and they ALWAYS get it dismissed.. to get the ticket dismissed, heres how it works, 1. the most common, the cop doesnt show up, cops write alot of tickets, and most of them dont remember or have time to go to court for one. 2. if the cop made ANY error in writing the ticket, (meaning Date, Address, Spellin of ur name, ANYTHING wrong on the ticket, gets it thrown out automatically..) and then if else fails then the lawyer does his thing. So lets analyze
U pay the ticket- go to court- judge will MAKE go to traffic school which will run u another 60-70 bucks.. and u have to sit in gay ass traffic school for 4 hours.. so u payed $240 and wasted a sh!tload of time... now the SMart way, and i know its ur first ticket and ur worried about doin it this way but believe me its the best way out of it. i have friends that have 20+ tickets and all resolved this way. u will get bombarded by Lawyers advertising to handle ur ticket for u in the mail in a couple of weeks.. go ahead and sort thru them and pick whichever lawyer u want. Good luck bro, if u got ne other questions.. HOLLA

-serge

[Chiznarles]

i fought my ticket using Trial by Written declaration. I paid the bail, and i got a form in the mail, filled it out of why I was not guilty, and then a few months later I got a response from the court saying it was dismissed because the Cop did not have anything to argue against my points.

[Mjolnir]

Ok, Let's sort out some options:

NOTE: ALL OPTIONS ASSUME THAT YOUR CURRENT DRIVING RECORD IS NOT A COMPLETE MESS! If you ALREADY have MULTIPLE offenses, then you are beyond screwed!

Option 1 (NOT ADVISED). You pay the fine, take the points and absorb the A$$ pounding that your insurance company will give you. I am not sure how old you are, but you can bet that at minimum you will be paying a bunch more for insurance from now on. If you are a young guy (17 or less) have fun finding a new insurance provider, as your will most likely drop you.

Option 2 (The X your fingers and pray option): Go to court and represent yourself. DO NOT rely on the hope that the Cop doesn't show. In some states (Like mine) the cops no longer have to attend the trial of every ticket they write. Now they just have to send 1 representative from the police force for ALL tickets that day! If you go this route, more than likely you will never speak to the judge, as the DA will offer to plea bargain the ticket to a lower $$ and points. If you refuse his offer, then you get to talk to the judge. At that point he will hear your argument, nod, sigh and issue you the fine for the full amount of the ticket. The fact is that in a speeding offense, Unlike any other crime, the burden of proof is NOT on the officer. The court will accept that the officer IN HIS JUDGEMENT saw you speeding. It will NOT matter if there was radar or not. The officer is a "supposed" expert in this field and the court will allow him plenty of latitude. IE..You are dead meat! Hello Fineville, Population=YOU!

Option 3 (MOST ADVISED): Pony up the $$ and get a lawyer. The court system is terribly overburdened and most times a DA would rather eat his own feces than deal with some rat ba$tard lawyer. This is the best hope of getting the ticket dropped. it may cost a bit more to begin, but you will save a TON over the lifetime of insurance premiums.

Point of fact: You have no case. the cop wrote you a ticket and you signed it. He may have been rude, he may have been a d!ck, but it's his word against yours. Unless you have Video / Audio proof...GET A LAWYER!!!

My .02

[sil-8-ty]

gts24 is right! Get a lawyer to solve all these problems. Why you ask?? Well:

1. A judge will always take a cop word over yours!
2. A traffic lawyer know the in and out of the rules, and if you explain you situation to the lawyer well, then he can get you out!
3. If you don't get a lawyer, and represent yourself, more then likely you are goning to lose (take it from me, done it twice w/ similar situation)

Like byran said, a laywer will be your best bet! I myself have 3 tickets, and I know the pain of paying for the tickets and insurance (420/mo)! If I know what will happen, i would have a a traffic lawyer! Take it from my mistake, and get this problem solve ASAP!!

[ArchangelX]

LOL..

Guys..I just paid $76 dollars for a 40 in a 35 speeding ticket. I just got back from court an hour earlier...

My insurance was behind the seat, and I couldn't find it, so she cited me for a speeding ticket and no insurance. :gap:

Oh well..lol...at least I got outta the $450 dollar fine for no insurance. I was speeding..so there wasn't much I could say.

[oo_snoopy]

40 in a 30, what a **** of a cop.

[ArchangelX]

Yepz...

[2002GT_Celica]

Well, this is my first speeding ticket, and before this, I got one ticket as a result of rear ending someone with my old car. That was my fault and I admit it. Looks like I am going to have to go with a lawyer though.

I got something in the mail a while back when I got a ticket for driving with expired tags (what's funny is it was my mom's car) and it's some lawyer who charges nothing if you get points or a fine. I am really thinking about giving him a call. Any idea how much it would run me to hire him to handle my case?

[redcellyinfl]

bro, im tellin u, their prices for a speeding ticket depending on the county ur in range from $49 to $99 u wont pay more than that, and yea if he loses the case, u get ur money back.. but they wont!

[CreepingJeff]

you could always use the argument that with the number of cars around, the cop could not get an accurate read on your car. it's possible he clocked someone else nearby. it's also possible that the radar gun had not been calibrated. cops are required to calibrate their radar guns on a daily basis and must keep a record of it. so i've heard.

your best bet is to go to court on a day when the cop is likely not to show up. another good strategy is to keep postponing your court date.

you can also request your case be heard by a jury.

[redcellyinfl]

or u can let a lawyer handle it.. lol, guys really there is no need for the headache of fightign it yourself. the lawyer will charge u less than payin the ticket and he will get it dismissed, the system is crooked like that.

[2002GT_Celica]

Originally posted by redcellyinfl
or u can let a lawyer handle it.. lol, guys really there is no need for the headache of fightign it yourself. the lawyer will charge u less than payin the ticket and he will get it dismissed, the system is crooked like that.

Well, I will find out how much it costs in my area. I live in Orlando. The ticket is $170, and if a lawyer can be hired for soemwhere within the $100 area, I would do it to save some money, be able to concentrate on other things and not get points on my license.

[CreepingJeff]

I have almost no money. I was going to use the little money I have to buy some Wings West sideskirts

I take it you still live with your parents? So you are pretty young.

If I were you, I would not represent myself in court. I don't know if you would be taken seriously... given your age.

[2002GT_Celica]

Originally posted by CreepingJeff


I take it you still live with your parents? So you are pretty young.

If I were you, I would not represent myself in court. I don't know if you would be taken seriously... given your age.

:werd: I was thinking the same thing. Looks like I may end up hiring a lawyer after all.

[alphasubzero949]

Check out "How to fight a Speeding Ticket" on www.speedtrap.org

It's a good read.