RE: Getting out of a ticket due to Officer's mistake? (Full Version)

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Owner59 -> RE: Getting out of a ticket due to Officer's mistake? (9/16/2007 7:24:30 AM)

quote:

ORIGINAL: eyesopened

Bring in your vehicle registration and prove it's not the vehicle the officer said it was and you might beat it.

The way i look at speeding tickets is... i drive over the limit every single day and i get a ticket about once every 5 years.  If i take the $200 and divide by 1,825 it costs me roughly 11 cents a day to drive over the speed limit.  A bargain in my opinion.


And the added danger, from your speeding?

Who is bearing that cost? 




Babybass -> RE: Getting out of a ticket due to Officer's mistake? (9/16/2007 7:31:28 AM)

quote:


ORIGINAL: Owner59

And the added danger, from your speeding?

Who is bearing that cost? 


Very valid point!! Speed limits are there for a reason - they are not guidelines!!! 




petdave -> RE: Getting out of a ticket due to Officer's mistake? (9/16/2007 7:35:01 AM)

quote:

ORIGINAL: farglebargle

Let's see, a lawyer will cost about as much as the fine.


Yes, if not more. But the lawyer won't keep hitting you for the next seven years the way your insurance company will if you get the ticket.

Whether you get off or not will depend on the judge. Some act as tax collectors and rubber-stamp traffic citations unless you have incontrovertible proof that you are absolutely, 100% innocent... some actually care about justice and the law. It's a crapshoot. You will probably get hit for "court costs" if you dispute it, but they often offer a lesser charge (sometimes a non-moving-violation, so that it won't effect insurance) in order to get you to plead guilty and write the check without wasting any more of their time.

If they got you on radar, make sure that you insist on receiving a copy of the most recent certification for the radar gun during the trial... sometimes they forget it, and without that, there's no "proof"... all but the most blatantly larcenous courts would have to let you slide. The court date change is also good advice.

When you give in, it just gives the thieving sumbitches encouragement to keep on running their scam...

Good luck!






petdave -> RE: Getting out of a ticket due to Officer's mistake? (9/16/2007 7:41:30 AM)

quote:

ORIGINAL: Owner59

And the added danger, from your speeding?

Who is bearing that cost? 


Same people bearing the "cost of added danger" of you driving the speed limit instead of going even slower. And driving in the first place instead of walking. And walking instead of staying in your house where it's safe. Unless you actually cause an accident due to excessive speed, you harm no one.




InkedMaster -> RE: Getting out of a ticket due to Officer's mistake? (9/16/2007 7:41:56 AM)

In the grand scheme of things what's the worse that can happen? pay 200 bucks for an attorney, lose the case, then pay 200 bucks for the original ticket, oh then add on another 100 bucks for court costs and take the points as well, everybody wins, attorney made money, he's happy, court made money, they're happy, state made money, it's happy and you had your day in court, you're happy...and it only cost you an additional 300 bucks and your time! that's a bargain at twice the price!




Babybass -> RE: Getting out of a ticket due to Officer's mistake? (9/16/2007 7:50:10 AM)

I don't understand why people would try to get out of paying a ticket - if you were speeding you deserve the ticket!!
Saying that i have imense respect for gardai (or police officers as ye have over there) - and hence the laws they uphold. I would never question an officer if given a ticket and i was speeding - i would just graciously accept the ticket and apologise for the offence. They are doing a very difficult job - they have a lot to put up with from the public and i would like to think that if i did speed (can't think of a reason why i would) that i would accept that i had broken the law and be friendly to the officer that was giving me a ticket - its not his fault that i would be getting a ticket - i was driving!!! I think we should be nicer to our police officers - and show them that they are appreciated!! I once made a guards (police mans) day by telling him he was doing a great job - he was directing traffic on the busiest of Dublins streets! And he was doing a great job - it was raining (and i mean real irish rain) and he had been there ages and traffic was moving perfectly!! So i decided to tell him! I hope he appreciated it - either that or he thought i was a bit mad!! Sorry - a bit off topic!!!     




Real0ne -> RE: Getting out of a ticket due to Officer's mistake? (9/16/2007 8:03:38 AM)




i got out of a speeding ticket once upon a time.  Long time ago, it was like 42ish something in a 25.

Took it to court without an attorney and got off.

Mechanical speed o meters do not work in reverse :)




lighthearted -> RE: Getting out of a ticket due to Officer's mistake? (9/16/2007 8:04:24 AM)

I was also very, very young at the time - 17 maybe?

and as Senor Level pointed out to me, there is one ticket I did get out of, which I won't divulge the details of [8D]




mistoferin -> RE: Getting out of a ticket due to Officer's mistake? (9/16/2007 8:06:02 AM)

My brother in law is an attorney and several cops in the family....their advice is to always go to court. You don't need an attorney. There is a good percentage of tickets that get dismissed simply because the officer who wrote the ticket couldn't make it to court. You have to understand that the purpose of giving you a ticket is revenue. It is not cost effective to pay an officer to take time off his shift (which will have to be covered by another officer) to go fight tickets.

I've had three tickets in my life and they have all been thrown out. Two were thrown out because the officer was a no show. The third was thrown out because I told the magistrate that it cost me a lot more money than the ticket to take the day off to come to court, but I wasn't going to pay for something that I didn't do without taking advantage of the opportunity to defend myself. I stated that I simply was NOT travelling at the speed the officer claimed (and I really wasn't). I asked if it were possible that there could be a mistake, equipment problem, whatever? He turned and asked the officer for documentation of calibration of his radar equipment. Turns out it was over a year overdue. Ticket dismissed.




Owner59 -> RE: Getting out of a ticket due to Officer's mistake? (9/16/2007 8:14:06 AM)

quote:

ORIGINAL: petdave

quote:

ORIGINAL: Owner59

And the added danger, from your speeding?

Who is bearing that cost? 


Same people bearing the "cost of added danger" of you driving the speed limit instead of going even slower. And driving in the first place instead of walking. And walking instead of staying in your house where it's safe. Unless you actually cause an accident due to excessive speed, you harm no one.




Not true,buddy.
As speeds increase,the danger increases exponentially.

For example,if you`re going 60 mph,and you add 50% more speed,and bring it to 90 mph,the danger of loosing control and crashing,is`t just 50% more,it`s wayyyy more.I`m not a scientists,but anyone can figure that out.

A better analogy would be weight,and tipping the scale.You can go so fast,before you lose your footing(traction),a couple mph more,and you`ve "tipped the scale",or " broke the camel`s back",so to speak.Hopefully it isn`t the back of a person,that you break,when you crash.


Over time,from the "Model T",to now,speeds have been adjusted and raised ,according to technology and better roads.

The limits we have arrived at,are there to produce the most safety,while letting us go as fast as the environment will allow.

But once you break those limits,it becomes more likely that the pot hole,graveled corner,or sharp turn is going to hang you up.

In a vacuum(w/ zero gravity),you may be correct.That`s not the point,though.

Would you want someone speeding on your street,where your kids play,walk,and ride bikes?

Cute answer though,and arrogant

Unless you actually cause an accident due to excessive speed, you harm no one. 
 
Yeah,lol, tell that,to the judge.lol


 Folks,this is the stupidity you have to deal with,on the road.Be careful out there.




pahunkboy -> RE: Getting out of a ticket due to Officer's mistake? (9/16/2007 8:15:58 AM)

the system is right and you are wrong, that how life is.

pay the fine and it all goes away.  [in chicago you could fight tickets. here in PA you have no chance at all.]

try to think of the infractions you werent cited for.

tixets are a cost of doing business if u want to drive.




soultoshare -> RE: Getting out of a ticket due to Officer's mistake? (9/16/2007 8:19:01 AM)

As one one who has been on both sides of the radar gun, first of all, the "radar certification" thing is a bunch of bull........the only way you'll probably get that is by subpoena....departments are not required to produce it if they don't want to.

Second, if there were other people in the lot getting ticketed, they were possibly running a speed detail...also something departments do on a regular basis.  For the most part, there is ONE officer with the gun, he hits a speeder, calls it out, and one of the many standing by go after them.  And before anybody kicks...it's legal to do this, like it or not.

As far as fighting it, there's a 50/50 chance that it will go in your favor.  I've kicked back tickets that were incorrect, or lacking info to troopers, and it's their responsibility to make the change and notify the courts.  I'd say about 3/4 of the people in the area I worked just paid the $75 fine and wrote it off to the perils of driving in Chicago.  

Unfortunately, you won't know til you try.  There are all sorts of factors that can get it tossed...the fact that you were in a Ford, and he wrote the ticket out on a Chevy is probably the best thing you have going for you...like you said, there's a FORD emblem and "Taurus" on the back end of the vehicle, which I know he looked at because he chexked your plates to make sure they were valid, checked out the rear lights, and looked at the stickers......as far as court dates on cop's days off....they WISH it worked that way...court dates are set by the courts, not the officers...period.  About half the time, tickets are tossed because the officer doesn't show up in court....and judges don't look favorably on that.  Trying for a continuance may work, but that is again at the whim of the judge/states attorney.

Personally, me...I'd at least give fighting it a whirl......at least you may be able to plead to a non-moving violation so it won't show up on your insurance.  Keep in mind tho that local cops usually run speed details in areas that are considered hazardous due to the amount of peope speeding thru the area, the amount of accidents that occur in the area, or the amount of people who bitch about the speeders going thru the area...trust me, they are out there....I actually took a complaint from a woman who was complaining that her kids couldn't play in the streets due to the speeders.......she hung up on me when I told her she ha no business letting her kids play in the street to begin with, and that she could actually be arrested for letting them do so!  DUH!!

As far as "telling" your home state about the violation.....I don't have the actual list handy, but if the state you got the ticket in, and your home state are members of something called the Non-resident Violator Compact, eventually, your home state will find out.  Did the officer allow you to sign the ticket, or did he take your license and give you a copy of the ticket to drive on?  All states are members except Michigan, Wisconsin, California, Montana and Alaska.  WIkipedia has a pretty good explanation of how it all works.  My ex thought he was slick....got an Illinois license when he got his Iowa one suspended for points, and eventually, Iowa caught up with Illinois, and he got that one suspended also!

I guess it just depends on how much time and effort you want to put into it.......since I know the ins and outs of the system, it's easy for me to say fight it, it's just what I'd do.  Good luck either way! 

PS  Did you try calling the department and telling them the ticket is wrong?  They should have their own copy of it on file someplace...depends on how big the department is.  When you call, just explain that you noticed that the vehicle description doesn't fit the one for the plate, and how that will affect the outcome?  I got a notice to appear for a parking ticket mailed to me, some officer worte MY plate down, but it was on a Lexus...at the time, I was in possession of both plates, and the car they were on was a ford escort.  I explained this to the officer, and he took care of getting the ticket voided out because of the error.  This was Winnetka, IL PD, at the time, I lived almost 350 miles south of Winnetka, and couldn't find the place WITH a map!  So, it worked for me without even having to drive the 350 miles, maybe it will work for you.




pahunkboy -> RE: Getting out of a ticket due to Officer's mistake? (9/16/2007 8:24:15 AM)

locally- a resident gets to know all the speed traps. ild hvae to say cops purposely look for cars with college stickers on them. as the chance of scoring a DUi, under aged or otehr infraction are greater. besides- the locals pays his salary- its easier to hit up the out of towners....




velvetears -> RE: Getting out of a ticket due to Officer's mistake? (9/16/2007 9:01:29 AM)

Definately fight it, just showing up gives you a 50% chance you will win because many don't show up.  i have gotten probably at least 12 speeding tickets in the last 10 years and i have only had one go down on record for speeding 10 miles over the limit (it was actually 30). They bargain with you if they show up and you show up and reduce to to a lesser violation.  Be nice when pulled over, that goes a long way too.  The times i admitted i was speeding were the times i wasn't even issued a ticket.   Also another tactic you can make is to delay it as long as possible.  i once delayed it up to 2 and a half years, by that time the officer had moved and wasn't available. 

i agree that i look at paying a fine every so often is the cost i am willing to pay for speeding.  You're only a hazard if you don't respect the elements and conditions of the road.  Everyone speeds where i live anyway (near nyc).  In fact i would say those who drive the limit are the real threats, they are like oblivious idiots who are road hazards, and usually they are the morons who will go 55 in the middle lane [&:]. 




farglebargle -> RE: Getting out of a ticket due to Officer's mistake? (9/16/2007 9:08:11 AM)

quote:


If they got you on radar, make sure that you insist on receiving a copy of the most recent certification for the radar gun during the trial.


Screw that. DEMAND a copy of the Radar Gun's SOURCE CODE, as without it you cannot adequately prepare your defense.

Since it's going to be raised that that Source Code is NOT going to be given to you, because the Radar Gun Company REALLY doesn't want it's poor programming practices disclosed, than the judge MIGHT just let it go away.

MAYBE... It's a crapshoot, and I wouldn't try THAT defense without a lawyer.





farglebargle -> RE: Getting out of a ticket due to Officer's mistake? (9/16/2007 9:10:19 AM)


quote:

ORIGINAL: petdave

quote:

ORIGINAL: Owner59

And the added danger, from your speeding?

Who is bearing that cost?


Same people bearing the "cost of added danger" of you driving the speed limit instead of going even slower. And driving in the first place instead of walking. And walking instead of staying in your house where it's safe. Unless you actually cause an accident due to excessive speed, you harm no one.




I would suggest that the reason bike riders wear helmets in the US, isn't because of the danger from falling off a bike, but rather the danger of getting hit by an automobile.

Shouldn't we therefore ban all automobiles to protect the safety of the bicyclists?





Owner59 -> RE: Getting out of a ticket due to Officer's mistake? (9/16/2007 9:28:02 AM)

quote:

ORIGINAL: farglebargle


quote:

ORIGINAL: petdave

quote:

ORIGINAL: Owner59

And the added danger, from your speeding?

Who is bearing that cost?


Same people bearing the "cost of added danger" of you driving the speed limit instead of going even slower. And driving in the first place instead of walking. And walking instead of staying in your house where it's safe. Unless you actually cause an accident due to excessive speed, you harm no one.




I would suggest that the reason bike riders wear helmets in the US, isn't because of the danger from falling off a bike, but rather the danger of getting hit by an automobile.

Shouldn't we therefore ban all automobiles to protect the safety of the bicyclists?




Actually,it`s both.

Don`t get me going on the helmet law(for motorcycles).I`ve got yard work to do this afternoon.lol



Shouldn't we therefore ban all automobiles to protect the safety of the bicyclists?

As someone who`s rides snowmobiles,ATVs,bicycles and motorbikes(and a pick-up),we all need to share the road.




JackM1 -> RE: Getting out of a ticket due to Officer's mistake? (9/16/2007 9:30:37 AM)

get buddy buddy with a police officer and get a PBA card. no lie, they actually work(at least in my area). i was driving with a friend of mine around his neighborhood and he entered one of those roads that suddenly goes from 35 to 25, and he didnt manage to slow down in time before the police officer saw him(and im still mad at this guy, because he took his dear sweet time putting his lights up, and followed us for a few yards before deciding that he wanted to bust my friends balls). my friend did have a pba card though, and when he gave it to him along with his licence and registration the guy let him off without a ticket(but i honestly think that he wouldnt have given him one anyway, the poor boy looked like he was going to make himself sick already and i think the cop just wanted to see him sweat)

another good example; some jackass in my school decided to cross three lanes all at once without a blinker, speeding, and when he was pulled over he got off without a ticket because he had a pba card(that one i wish turned out differently, because i disliked him very much and what he did was extremely dangerous and illegal)




MistressDoMe -> RE: Getting out of a ticket due to Officer's mistake? (9/16/2007 10:17:11 AM)

Best advice here, is pay the ticket and slow down in the future.
If you fight it, the time off from work and hassles will not be worth it.
You will still probably end up having to pay it.




petdave -> RE: Getting out of a ticket due to Officer's mistake? (9/16/2007 11:51:30 AM)

quote:

ORIGINAL: Owner59
Not true,buddy.
As speeds increase,the danger increases exponentially.

For example,if you`re going 60 mph,and you add 50% more speed,and bring it to 90 mph,the danger of loosing control and crashing,is`t just 50% more,it`s wayyyy more.I`m not a scientists,but anyone can figure that out.


Not only are you not a scientist, i strongly suspect you have no factual evidence whatsoever to back up that statement. Is the exponential increase related to percentage of speed increase, differential in MPH, KPH, FPS? Inquiring minds would like to know. [8|]

quote:


Would you want someone speeding on your street,where your kids play,walk,and ride bikes?


i have no kids, and my street is dirt. i do most of my speeding on the Interstates, and that is also where i see the most speed traps... if there are children playing there, it's some seriously bad parenting. Many areas have speed limits set artificially low to raise revenue, or in a knee-jerk reaction to accidents that often have multiple contributing factors, of which speed is the easiest and most lucrative to prosecute. They lowered the speed limit on a local bridge (arched, but not curved) after two fatal head-on accidents in a relatively short period of time. Yes, i imagine if they were going slower, they might have survived, but the real problem was the fact that some idiot was on the wrong side of the goddamned road!

quote:


quote:


Unless you actually cause an accident due to excessive speed, you harm no one. 


Yeah,lol, tell that,to the judge.lol


Why, will the judge be able to come up with some sort of Butterfly Effect-style series of events through which I did actually harm someone without ever coming into contact with them? That could be good for a larf.




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