Court .... speeding ticket how to win ... opinions

Discussion in 'The Bench' started by OHC JOE, Oct 16, 2017.

  1. 73Electra 225

    73Electra 225 Well-Known Member

    That's basically what happened to me. Got ticket for 45-50 in a 35. Went to court and was offered non moving violation. Said yes and I was out the door. I was always told the same that state gets money but if changed to non moving then locals get it.
     
  2. BadBrad

    BadBrad Got 4-speed?

    In California a radar ticket is only good if you were exceeding the 85th percentile. You need to get hold of the "Engineering and Speed Survey" for that section of road and see how fast the 86th percentile is. Were you faster than the 85th fastest driver (in percentage of all radar-surveyed drivers) on the day(s) surveyed? Communicate with the traffic engineer's office of your jurisdiction to get that public record. The officer, if prepared, will bring that same survey data to court.
     
    300sbb_overkill likes this.
  3. OHC JOE

    OHC JOE Mullet Mafia since 2020

    I had called the engineering office and the guy who worked there said that the street wasn't surveyed because of ahhh something I have forgotten maybe cause it has houses on one side of the street...I don't remember but I did call...I got one if those traffic ticket attorney's
     
  4. red67wildcat

    red67wildcat Well-Known Member

    Joe
    Up here the cops don't even show in person they just give their statement
    Court believes them
    A traffic attorney defintly a good investment
    Even if it costs u more up front
    My son kept several off his record this way

    My last ticket was last year
    My first one in 25 years
    Not that I didn't deserve a few lol
    On my way to a show 100 miles from home in my convertible
    Almost 20 over limit
    Stater wrote it for 5 over
    I did just pay it this time
    I kinda smiled
    When's the last time that a hole cop nailed a cool buick
     
    OHC JOE likes this.
  5. Eric

    Eric Founders Club Member

    The way to win is to do this...plead guilty and pay the fine and learn from the experience....then make adjustments to prevent it from happening again...
    Once when I was young... it took me many times before I learned "my" lesson.
    Sincerely,
    Buick Eric
     
    Last edited: Oct 19, 2017
    Ziggy likes this.
  6. BadBrad

    BadBrad Got 4-speed?

    I think that with your attorney and the alleged fact that radar was used on an unsurveyed street you'll be looking at a dismissal.
     
  7. djfisher22

    djfisher22 Member

    Here in PA. The only way to beat a speeding ticket is speedo error. I went into court once armed with receipts for a rear end install in my truck a day or so before the offence. And another for replacement speedo gear in my trans to match the gear ratio in the new rearend after the ticket. Worked! Ticket tossed. Judge understood and knew a bit about mechanix.
     
    OHC JOE likes this.
  8. 69GS400s

    69GS400s ...my own amusement ride!

    While you bring up a good point, we're not talking about a 17 yr old new driver but a pro who needs to maintain a clean record for work purposes.

    The "system" is rigged, and there is another way out - pay the lawyer. The Sting in his wallet will be sufficient punishment and reminder to learn a lesson from.

    My Wife, who is a visiting nurse and needs a clean license to work was in a similar situation. She changed lanes illegally from the left lane into (not toatally) the HOV lane to avoid hitting the car in front of her .. her bad luck, a state trooper was 2 cars behind her and was unforgiving. Total bill was just under $600 and both tickets "evaporated".
     
    1972Mach1 likes this.
  9. jmos4

    jmos4 Well-Known Member

    Hi,

    I didn't read all the posts, but a lawyer will help, at the end of the day its about money.

    I have gotten tickets out of state and usually I call the court, either the clerk or have had to contact the prosecutor attorney and negotiating double the fine and no points. Doesn't always work but never hurts to run it up the flag pole so to speak

    Good luck,
     
  10. OHC JOE

    OHC JOE Mullet Mafia since 2020

    In California they are all about money...
    There are illegal aliens all day long selling flowers by the cemetery but up the road you will find a motorcycle cop throwing radar all day and never give the flower guy a ticket why because that dude ain't got no money...
     
    schlepcar likes this.
  11. Junkman

    Junkman Well-Known Member

    You can't win. Set up a court hearing { A HUGE joke) and you may get lucky the cop won't show then you win by default. But they almost always appear. Your word doesn't mean crap in that monkey court. You are not an officer of the court. The court is owned by the State corporation ( yeah, a business fiction) , the cop is employed by the State corporation and the "judge" is employed by the state corporation. The "judge" will always side with the cop UNLESS you have compelling proof that the cop is in the wrong. It's a HUGE racket that is designed to steal your money. It's forced theft. It's supposed to be for the "Public good" and some of it is for example when a jerkoff is going 40 mph over the posted limit swerving around other motorists and cutting people off. Clearly a danger. But when a gang of cops are parked on the side of a throughway grabbing people for doing 5 mph or more issuing dozens of citations it's clearly about generating revenue. There are other ways of beating this system but some here would call it conspiracy . Then there is that "implied consent" thingy. YOU agreed to abide by ALL State Statutes by signing the contract with the State called a Driver License. That's how they trap you in ALL of the unConstitutional statutory "law'. This includes ALL State Statutes includes all municipal codes, State Codes, including Code Enforcement, Child welfare, etc. You agreed. You turned your Right to travel and all Constitutional Rights into a government "privilege".
     
    Last edited: Oct 22, 2017
  12. Eric

    Eric Founders Club Member

    I never meant to imply that he was a teenager... And when I said I was young I meant in my 30s and 40s!
     
    OHC JOE likes this.
  13. flynbuick

    flynbuick Guest

    I suppose you would say that you have the constitutional right to pilot and travel by aircraft without a license. This position would shorten one's life and perhaps the lives of others pretty quick. Unless you go international it is your right to operate the means of travel that is regulated and not travel itself. This is particularly true if you want to be the pilot in command of operating a bus, auto, train, aircraft, etc. You can travel and ride along with a licensed person in most means of transportation with very little regulation.

    Having been both on the side of the prosecution and the defense for over 40 years, for traffic offenses, I have never seen any motive to collect money enter into the decision making process. Of course, I cannot speak for everywhere. For certain felonies like illegal drug trafficking and illegal Ponzi schemes, forfeiture of profits and restitution does enter into prosecutorial equation.

    The represented accused's actually do win frequently, but sometimes the person is just guilty of an offense and takes a conviction. In fact, I have seen a lot more people who should have been found guilty escape conviction than I have seen wrongly convicted. The relative numbers are not even close.
     
  14. jay3000

    jay3000 RIP 1-16-21

    Last ticket I received was for 9 over. I was doing 5 over. The digital and analog speedometer along with my GPS unit ALL said I was going 75 exactly. Flat ground with cruise set. There was not another car in sight, and had not been in my lane for some time.

    It's on me though. I saw the state trooper WAY ahead. I looked at the GPS, cruise control had been set for 15 or more miles. So I thought "he won't bother me". It was on the 30th of the month, I was not going 9 over, and there has to be some reason that he kept apologizing to me.
     

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