ok guys help me beat this

G

Guest

Well, finally happened. First speeding ticket on the Busa. Got tagged doing 80 in a 55 zone. Heres the problem. This state cop from no where pulls me over and asks me if I knew how fast I was going "back there". I said I had no idea, since I didn't know where "back there" was. He said he "estimated" I was going 80. Ummmm nope. I knew I didn't go that fast. In fact I left early today, because I knew there would be more cops on the road and I didnt feel like getting hassled. Anyway, he comes back a few minutes later and hands me a ticket. Yup going 80. Thats sucks. Didnt clock me, no radar. Nothing. Just guessed I was speeding and attached a number to it. 200 bucks plus points plus insurance surcharges. Not a happy camper. If I had done it I would have taken my lumps, but Im gonna fight it. What I want to know is what's the best way to go about it?
 
If he used no method other than GUESSING as you went by it should be thrown out if taken to court. They are required to at least claim they used some recognized method of speed measurement in order to cite you. Vascar, radar, laser, pacing are methods that are recognized (though not neccessarily accurate) If none of these methods were used it should be thrown out if contested. The cop is probably hoping you will just bend over, ask for vaseline and pay the fine rather than contest this pitiful excuse of "law enforcement".
 
How lame. The guy's mother must have taken away his bike years ago. If he didn't use soem sort of method to measure your speed you've got him. Before you go to court work out all the details, i.e. time of day, traffic conditions, were you keeping pace? Where he first saw/picked you up. If he was on a curve it'd make a difference. Be up front with the judge like, "your honor I may have been over, but no way was I going 80". Tell him that you're willing to take your medicine, but not without hard proof. The judge should kick it! In any case, next time, just roll on and leave him in the dust. They can't catch what thye can't see.
 
Lets be realistic here. Most traffic courts are kangaroo courts. You are presumed guilty until proven inocent ! The only way to have any chance is to get a lawyer who specialises in traffic court and is a member of the good ole boy club. I have found that many times the judges son is a practicing lawyer. That helps . In some states you have the right to a jury of your pears in a traffic court, but only if you insist. This makes it more trouble than it's worht to the prosecuter, sometimes. Anyway it's a lot of trouble
Good Luck

B J Abuser

[This message has been edited by BJ (edited 09 September 1999).]
 
Correct response to that question: "yes I do know how fast I was going, within the legal speed limit.........".

I paid a legal beagle to get mine reduced to a non-moving violation. He got me with laser,
79 in a 65. I was moving with the flow of traffic.
 
Rich, it sounds as if you were tagged by a rookie and he is hoping to get you to just float the green for what he has no way of proving. I don't know where you live but here in the Northwest an officer can cite for the basic speed rule testifing to the facts of visual contact of a violator in OBVIOUS excessive speed without knowing the true speed, ie. 50mph in a 25 zone and then it's only a minumum fine.
Get to court and be sure to subpoena the officer. Have him present his device for speed measuring for the court. If he said 80mph make him prove how he acheived the speed. If it's a guess by golly then petition the court to dismiss the charge.
Good luck..
 
What a crock. No way this will stand up in court. You have to take it to court and make him prove it. Make sure that you let the judge know that he didn't pace you or tag you with radar, and say that you were watching your speed carefully because you know that bikes are cop magnets.

Worst case if your record is clean, the judge will make you go to traffic school and the ticket will not go on your record. Hey its the insurance rate hike that kils you anyway. Sometimes the judge will take the ticket under advisement for 90 days and if you keep your nose clean, he will dismiss it after that time.

What did he write on the ticket for comments? They usually write "clocked on radar" or "paced car at". If he didn't write anything like that, he probably wont even show up to court and look like an ass telling the judge that it "looked like he was going fast". Hell take a picture of the bike with you and claim that you are being discriminated against because your bike "looks fast". (hey I like that one)

Good luck.

P.S. are you sure it wasnt falconcop?
 
This is what I do with every ticket I get, which is quite alot. I dispute it regardless of whether I was speeding or not. It takes about 10-14 months to get a court date set. Then 2 weeks prior to the date I ask for an adjournment because I say I can't get that day off of work. So now they must find me a new date and we all know how fully booked the court is. What do ya know, another six months have gone by. I try to get a date that will be a pain in the ass for the cop to show up like right around Christmas. Sometimes the cop will ask for an adjournment because he can't make it that day. Now its been like 2 years, and this cop can't remember a ticket 2 years ago. It also helps because your only allowed a certain amount of tickets per year so this way it doesn't see your record for almost 2 years if the cop even shows up. I'm really not doing anything wrong, I'm just putting off today what you can do tomorrow. By that time your case looks really strong because you remember it like it was yesterday and the cops probably given out so many tickets in that time he won't even recognise you. Oh by the way, Falconcop is right about the "Estimating". Police are now being sent to a course that trains them in estimating.
By like looking at a sign on the side of the road and judging how fast your coming up to it. And it DOES stand up in court if they are trained.
 
Go to court. Estimates are not a part of the law. I ride with some police and they always say take it to court.
 
Boss,, I'm not Human and I'm the biggest sugar, Prick Cop on the East coast. I whack Everybody with any & all Violations & crimes. I show absolutely No discretion when it Come to the Laws of the Land.

Does that Answer Your Question ??

161 ®
 
Now now Barney if Andy heard you talking that way and scaring all the citizens in Mayberry he would probably take your bullet away from you!
 
Police don't right there're notes for the Public to view. it's only notes for them,,so they can write what they want at anytime.

Judges believe Cops 1st, the benefit of the doubt,,and if your record is shitty,,and you have a speeding history..say hello to Points & Ins.Rates..And if an Officer is trained with estimates..it can be used,, In NJ anyway. In other parts of this Land Who knows?? BTW: They say "Take it to Court" to get the $51.00 an hour for the overtime Rate,,$My Rate anyway$..so thats what I Always Say :)Good Luck

161 ®
 
Go to court, and keep going back to court they will jerk you around with multiple court appearances. Most people can't be bothered to go to court many times and pay the fines with out thinking about insurance surcharges. You have the right to face your accuser(the Cop)and he must be pulled from duty to go to court, usually the prosecutor tries to intimidate you into paying a reduced fee, this wont change the points that will be charged. An estimated speed - that is bullshit, you were simply going with the flow of traffic(Jeffw is right). Be polite to everyone you talk to and tell the TRUTH.

Wouldn't that Valentine Radar detector not be a bad idea after all?
 
First, you will probably need a lawyer to fight it successfully, if the officer chooses to show up on the court date. That is the deal...officer's word against yours, the officer wins.

Officers are basically prosecutors. Like FC said, the officer's incident notes are his to edit as he chooses. If you say anything at all at the scene, you have to assume the only words the officer will pass on to the judge are the ones you said which incriminate you. He will not record, pass on, or say anything which will help your case.

You have two chances; first, that the officer blows off his court day. If he doesn't show up and you contest it, most likely the judge will let it go. But if the officer shows up and says you are guilty, your only chance is to have a lawyer there to grill the officer. Then, as FC says, If you have a clean record you have a shot...if you have prior violations, you are pretty much screwed.
 
Thanks guys. I thought about this and I know there is no way he is right. On the ticket there are 3 boxes to be checked as to method of determining speed. Radar, clocked, or estimated. Estimated is checked. As far as my driving record, last ticket I had was in 89 for going 10 over the limit. Thanks again for the support. If anyone has any other ideas let me know and ill let you know what happens.
 
Get a copy of the DMV book that most states have,check up on the section for speeding and read all the details on the violation,it gives all the details,anyways I read the DMV book in our State since I got a helmet ticket for illegal helmet,anyways I knew the law better than the cop and the judge told me to leave the court case dismissed,Same thing happen to my wife for a helmet ticket,any way the local court found her guilty and I filled out a appeal and went to the Appellate court and read the laws in the DMV book and also the Federal standard for helmet,and it's me against the DA and guess what I won.Plus you can use the one that someone posted on this board when the officer said he was a good judgment of speed and what the defendent did was throw a pencil or pen across the court and asked the cop can you tell me how fast the pen went??!!!End of case. Good Luck
 
Hey falconcop are you a human cop or just an arshole cop,interested to know as sometimes your posts bother me? And before you get all defensive,I have about 10 cop mates I ride with and are well aware that there are good cops and poop head cops.As in my view it is just a job,but some people get a little zealous in there work LOL.So as to clear the air on any misunderstandings,I am not having a shot at you simply curious Boss
 
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