Need some help contesting a ticket
Re: Need some help contesting a ticket
That's probably the best is to admit you were going to fast and didn't realize it. I've seen judges be a lot more forgiving when you admit your wrong.
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- Posts: 3959
- Joined: Sat Dec 27, 2008 2:14 am
- Your car is a: 1980 124 spider
- Location: Naramata B.C.
Re: Need some help contesting a ticket
boogiedude wrote:Mark, you mentioned getting it calibrated in an effort to prove I was misalluded to my actual speed, how would I do that? What kind of place can I take it to?
Do you have access to a handheld GPS?
Perhaps not the best but if you can connect to 4 satilites or more, you should be really close.(use a co-pilot as well)
80 FI spider
72 work in progress
2017 Golf R ( APR Stg. 1)
2018 F350 crew long box
72 work in progress
2017 Golf R ( APR Stg. 1)
2018 F350 crew long box
Re: Need some help contesting a ticket
I know it's too late to talk to the officer after he already gave you the ticket, but in the past I was stopped in Tallahasee, FL. for going over the speed limit in a construction zone... mind you it was 10 miles over the posted construction zone speed limit, I asked politely why I was stop (acting innocent) and he said I went over the speed limit and I said I wasn't aware of the zone as the limit 1/4 mile back was the posted speed limit and didn't notice the quick change, we spoke some... he checked my car registration and license and since it was clean he came back and just handed me my items and just said be careful... no ticket and I was very lucky not to recieve a a court appearance... if I did I still would have seeked legal assistance to avoid getting points or court time...
I hope you can avoid the pitfalls and not have to see jail time or worse money thrown at the court... get a traffic ticket lawyer now so they can build a countercase as quick as possible before the court date. Good Luck...
Nick
I hope you can avoid the pitfalls and not have to see jail time or worse money thrown at the court... get a traffic ticket lawyer now so they can build a countercase as quick as possible before the court date. Good Luck...
Nick
Re: Need some help contesting a ticket
First off, this points thing is a big misnomer. The insurance companies have adjusted for this long ago. They have access to the tickets and accident reports. They know how fast you were going and what the point total should have been. They dont go by the state point total any longer. They will treat it as a 2 or 3 point ticket regardless if you receive the points.
Re: Need some help contesting a ticket
an insurance company would do something sneaky? What is this world coming to....
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- Posts: 410
- Joined: Sun Jan 25, 2009 12:43 am
- Your car is a: 1980 FI Spider
- Location: Lake Forest, CA
Re: Need some help contesting a ticket
Hey Brady, isn't "wreckless" driving a good thing? I try to avoid wrecks too.azygoustoyou wrote:One ticket I had was for wreckless driving w
Sorry, couldn't resist.
Jim
1980 FI Spider
Re: Need some help contesting a ticket
My experience shows me that eating the crow, humbly, politely and most of all, respectfully, results in lower
fines and lesser consequences. I've had more speeding violations than I care to admit; my driving record
was not clean for sixteen years at one point. Regardless of my perceived speed, the police officer was always
right. Without exception, the judge rewarded higher fines and more points to others in court who were disrespectful.
Offenders with attitude trying to bad-mouth the officer usually get burnt. Every time I tried to 'beat' it, that
did not work. Each time I approached the judge with proper manners, addressed him or her respectfully,
dressed appropriately and didn't tell a 'story', it worked in my favor. Yes, I still had to pay, just not as much.
Good Luck!
fines and lesser consequences. I've had more speeding violations than I care to admit; my driving record
was not clean for sixteen years at one point. Regardless of my perceived speed, the police officer was always
right. Without exception, the judge rewarded higher fines and more points to others in court who were disrespectful.
Offenders with attitude trying to bad-mouth the officer usually get burnt. Every time I tried to 'beat' it, that
did not work. Each time I approached the judge with proper manners, addressed him or her respectfully,
dressed appropriately and didn't tell a 'story', it worked in my favor. Yes, I still had to pay, just not as much.
Good Luck!
- kmead
- Posts: 1069
- Joined: Sat Aug 02, 2008 9:24 pm
- Your car is a: 1969 850 SC 1970 124 SC 85 X19
- Location: Grand Rapids, MI
Re: Need some help contesting a ticket
Using data from an old R&T magazine, with 165R13 tires, a '78 spider will be doing 18.6mph per 1000rpm in 5th.
This equates to 59.5mph with 3200rpm showing on the rev counter. Rev counters are somewhat unreliable so you could be doing more rpm than you thought.
One tactic if the officer used pacing is find out when the vehicle had been calibrated, has there been a replacement of tires since the calibration? How many miles since it was calibrated on the current tires and so on. You need to raise reasonable doubt, it may not work but it is a reasonable angle to pursue.
However it does seem like you were definitely speeding.
This equates to 59.5mph with 3200rpm showing on the rev counter. Rev counters are somewhat unreliable so you could be doing more rpm than you thought.
One tactic if the officer used pacing is find out when the vehicle had been calibrated, has there been a replacement of tires since the calibration? How many miles since it was calibrated on the current tires and so on. You need to raise reasonable doubt, it may not work but it is a reasonable angle to pursue.
However it does seem like you were definitely speeding.
Karl
1969 Fiat 850 Sports Coupe
1970 Fiat 124 Sports Coupe
1985 Bertone X1/9
1969 Fiat 850 Sports Coupe
1970 Fiat 124 Sports Coupe
1985 Bertone X1/9
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- Posts: 548
- Joined: Tue Oct 27, 2009 10:17 pm
- Your car is a: 1982 Spider
- Location: Cincinnati OH
Re: Need some help contesting a ticket
I too had a long traffic rap sheet for many years. Did the humbling bit and it usually (but not always ) worked. Unless you have a squeaky clean traffic transcript and a high tolerance for risk (oh yea, you own a spider), I'd get a traffic attorney with a good reputation ASAP. They know what to do.
Steve
1982 Red Spider 2000
1919 Old Town Sailing Canoe
1982 Red Spider 2000
1919 Old Town Sailing Canoe
Re: Need some help contesting a ticket
When you are standing in front of Judge start crying, pee your pants, then roll around on the floor screaming.
It wont help your case but everyone else in the courtroom will LOVE IT. I have seen it done once while working.
Get a traffic attorney they usually get things taken care of. You will probably still pay ticket and and court cost. The attorney will probably be able to tell exectly what the Judge will say. They have it all worked out already. Judge gives attorney a break if they dont waste the day arguing.
It wont help your case but everyone else in the courtroom will LOVE IT. I have seen it done once while working.
Get a traffic attorney they usually get things taken care of. You will probably still pay ticket and and court cost. The attorney will probably be able to tell exectly what the Judge will say. They have it all worked out already. Judge gives attorney a break if they dont waste the day arguing.
Re: Need some help contesting a ticket
Ok, lot's o stuff here about this so far.
If it is a criminal offense GET AN ATTORNEY!
If you go in and say "Gee Judge I was speeding but not that much? GUILTY! That is like saying I didn't punch the guy 5 times like he said, maybe 3 or 4 but definitely not 5? I have watched many people try this and not one of them came out on top.
Getting your speedo verified can help sometimes if it is a close call but you are far away from close. Being that it was a pacing method the judge will give more latitude usually.
The attorney as previously suggested will know all parties involved and know what needs to be proved and they will know he knows it and will be much more likely to "deal" on it.
If it is a criminal offense GET AN ATTORNEY!
If you go in and say "Gee Judge I was speeding but not that much? GUILTY! That is like saying I didn't punch the guy 5 times like he said, maybe 3 or 4 but definitely not 5? I have watched many people try this and not one of them came out on top.
Getting your speedo verified can help sometimes if it is a close call but you are far away from close. Being that it was a pacing method the judge will give more latitude usually.
The attorney as previously suggested will know all parties involved and know what needs to be proved and they will know he knows it and will be much more likely to "deal" on it.
Re: Need some help contesting a ticket
okay, when is the court date? Take a web cam for us to watch.
- boogiedude
- Posts: 410
- Joined: Mon Mar 02, 2009 5:22 am
- Your car is a: 1978 spider 1800
- Location: Honolulu, HI
Re: Need some help contesting a ticket
Thanks for all the advice so far guys, found out a long time friend of mine's father is actually a traffic attorney(lucky me) and he will be my counsel through this.
Court date is the 18th but will most likely have a second hearing as well.
Court date is the 18th but will most likely have a second hearing as well.
Re: Need some help contesting a ticket
Aren't you guys just supposed to be wearing flowered shirts cruising with the top down taking it slow anyways? I thought only Magnum PI raced around the Island?
Actually it would be great for the rest of us if you did not go to court so we could watch Dog the Bounty Hunter chase you and your Fiat around the island. That video could be the new avatar on the site instead of Mark's fiat at the top. Maybe we could all ship are cars over there and when he chases you into a parking lot 50 of us could drive our Spiders in different directions, it would be great, what do you say?
Actually it would be great for the rest of us if you did not go to court so we could watch Dog the Bounty Hunter chase you and your Fiat around the island. That video could be the new avatar on the site instead of Mark's fiat at the top. Maybe we could all ship are cars over there and when he chases you into a parking lot 50 of us could drive our Spiders in different directions, it would be great, what do you say?
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- Your car is a: 1970 SPIDER AND A 1976 SPIDER
- Location: New Jersey
Re: Need some help contesting a ticket
WOW! What an intresting thread this turned out to be. I have to tell you I'm very suprised by some of the comments.
First thing is to man up. You are guilty of speeding. Period. There is no doubt of that as you admit it in your first post. The question is how fast were you actually going. My guess is the cop was correct in his pace of the speed. My second guess is that when the red lights went on you looked down at the old speedo and saw low 50's on the dial. That does not mean that is the speed you were paced at. That is the speed you were going when the lights and siren went on and you looked in the mirror and pooped your pants. (Figure of speech). Were you polite and courtious to the officer? If you told him he was a rookie that might have been a bad idea. So is telling him you were tring to get to the donut shop before he did is also another bad opening line. (Sorry had to throw a couple cop jokes in there) Pace is a very reliable means of speed measurement and of course is admissable in court. Yes your speedometer may or may not be off but you, the driver of the vehicle, are responsible for the speed of the vehicle. ( NO I'M NOT GIVING YOU A LECTURE THESE ARE JUST THE COLD HARD FACTS)
You are taking the correct action by going to court with a lawyer. I would never appear in any court on any charge without legal representation. Hopefully your attorney will mitigate this serious infraction and you will slide by with just a fine. Your lawyer will advise you on how to proceed. He will obtain all the supporting state documents through the discovery process and will decide if he will take the case to trial or if he will attempt to obtain a plea agreement on your behalf. The state has to prove their case beyond a reasonabe doubt. That's reasonable doubt, not all doubt. ( I have no idea what I'm talking about but I stayed in a Holiday Inn Express last night)
I too have received motor vehicle summonses. I also received a lecture froma cop that looked like he was 11 years old. I was 50 at the time. He was polite and respectful. Did I like it? No. Nobody likes to be told they are wrong.Was I wrong. Yes I was. You know what I did? I paid them because I was guilty. I did violate the law. Not on purpose. Just through lack of attention. I am not suggesting that you plead guilty. A criminal offense is a very serious matter. ( I think alot of people missed that when reading your post)
Another thing to consider. How many times have you looked down a the speedometer and to your suprise found that you were exceeding the speed limit. Or thought that you were going to make it through that yellow light but it turned red before you got to the light but it was already too late to stop. Just something to think about. You just didn't get caught those times. My guess is that we all have made an error at one time or another
Remember when you appear in court dress like your going to court. You want to look neat, clean and respectable. If you have to address anyone it's sir or ma'am. You want to put your best foot foward. Good luck in your court appearance. Hope everything turns out well. Listen to you attorney. Slow down, enjoy life, and live long.
First thing is to man up. You are guilty of speeding. Period. There is no doubt of that as you admit it in your first post. The question is how fast were you actually going. My guess is the cop was correct in his pace of the speed. My second guess is that when the red lights went on you looked down at the old speedo and saw low 50's on the dial. That does not mean that is the speed you were paced at. That is the speed you were going when the lights and siren went on and you looked in the mirror and pooped your pants. (Figure of speech). Were you polite and courtious to the officer? If you told him he was a rookie that might have been a bad idea. So is telling him you were tring to get to the donut shop before he did is also another bad opening line. (Sorry had to throw a couple cop jokes in there) Pace is a very reliable means of speed measurement and of course is admissable in court. Yes your speedometer may or may not be off but you, the driver of the vehicle, are responsible for the speed of the vehicle. ( NO I'M NOT GIVING YOU A LECTURE THESE ARE JUST THE COLD HARD FACTS)
You are taking the correct action by going to court with a lawyer. I would never appear in any court on any charge without legal representation. Hopefully your attorney will mitigate this serious infraction and you will slide by with just a fine. Your lawyer will advise you on how to proceed. He will obtain all the supporting state documents through the discovery process and will decide if he will take the case to trial or if he will attempt to obtain a plea agreement on your behalf. The state has to prove their case beyond a reasonabe doubt. That's reasonable doubt, not all doubt. ( I have no idea what I'm talking about but I stayed in a Holiday Inn Express last night)
I too have received motor vehicle summonses. I also received a lecture froma cop that looked like he was 11 years old. I was 50 at the time. He was polite and respectful. Did I like it? No. Nobody likes to be told they are wrong.Was I wrong. Yes I was. You know what I did? I paid them because I was guilty. I did violate the law. Not on purpose. Just through lack of attention. I am not suggesting that you plead guilty. A criminal offense is a very serious matter. ( I think alot of people missed that when reading your post)
Another thing to consider. How many times have you looked down a the speedometer and to your suprise found that you were exceeding the speed limit. Or thought that you were going to make it through that yellow light but it turned red before you got to the light but it was already too late to stop. Just something to think about. You just didn't get caught those times. My guess is that we all have made an error at one time or another
Remember when you appear in court dress like your going to court. You want to look neat, clean and respectable. If you have to address anyone it's sir or ma'am. You want to put your best foot foward. Good luck in your court appearance. Hope everything turns out well. Listen to you attorney. Slow down, enjoy life, and live long.