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It pays to avoid a ticket -- or fight one
MSN Money ^
| July 15, 2003
| Chris Solomon
Posted on 07/15/2003 11:22:14 AM PDT by mvpel
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To: ArrogantBustard
You pegged him!!!
101
posted on
07/15/2003 3:00:32 PM PDT
by
dpa5923
(More than a man, less than a god.)
To: Drango
depends on the state for most states you would be wrong.
The judge would find you guilty of speeding and reduce the penalty to either the minimum speed or to the determined speed.
This is why it is important for to examine the officers radar log at trial. (or laser log)
There are procedures to calibrating the speed detection unit. If the speed was determined by air, the pilot and the citing officer must be in court.
It is also useful to make sure they cited the speeding occuring on the correct type of road. (state, county, municipal, federal) Statutes vary and citing the wrong statute can void the citation.
you 25/35/30 argument is a tad dated. Its right there with the old spedometer argument.
To: proxy_user
note in most states, as long as there is no final adjudication (withhold adjudication) it by law can not be used to raise your insurance.
only exception, accident where money was paid out by an insurance company. goto findlaw.com for your states laws.
To: Fester Chugabrew
private communites can give authority to the police to write citations. Evidence of private or public must be brought to court.
To: Trust but Verify; Catspaw; steveegg
If you're going to get stopped for speeding, do it in Oconomowoc. My nephew got pulled over there a couple of years back. He was unfailingly polite, and they lowered it to "disorderly conduct," not speeding. A money-generator for sure, but nothing on his points.
Apparently that's how they do it in Oconomowoc in order to avoid the Rosendale speed-trap reputation.
105
posted on
07/15/2003 3:21:53 PM PDT
by
lorrainer
(Bonus points to out-of -staters that know how to pronounce "Oconomowoc.")
To: mvpel
I hope you're not one of those obnoxious people who drive exactly 65mph in the leftmost lane and create a dangerous traffic situation for everyone else.I happen to know someone like that. It's incredibly annoying. (and he was doing it in Los Angeles!)
106
posted on
07/15/2003 3:27:18 PM PDT
by
xm177e2
(Stalinists, Maoists, Ba'athists, Pacifists: Why are they always on the same side?)
To: newwahoo
Well I won't volunteer that I've been "going a bit too fast" but if the officer tells me I was over the speed limit, I'll admit to it. The ticket I did fight (and won), I think I had a pretty good case. The officer clocked me doing 45mph in a 25mph school zone but it was during spring vacation and schools were closed. The normal speed limit in that area is 40. So technically I was speeding but definitely not by 20mph as the ticket stated!
I know police officers have a tough job and the last thing they want to be doing is sitting around in speed traps handing out tickets. But they certainly have a right to be discriminating. If they stop a decent working man or a mother who happens to be over the speed limit, a warning can be effective. I certainly slow down for months after getting stopped. But if they stop a teen who was burning rubber in his father's car and being reckless or a miserable SOB with an attitude, I don't blame them for slapping them with the ticket.
BTW, my cousin is married to a police officer and he is the same way as you. He'll tend to give a break to somebody with a Bush/Cheney sticker, but if he sees a Greenpeace sticker or something like that, he gets his ticket-writing pen out. Human nature is human nature. I just hope I never get stopped by a liberal cop!
About three years ago, my car was in the shop and a co-worker offered to let me borrow her car to do some errands. I took the keys and went out to the parking lot. As soon as I saw her Gore/Lieberman sticker on the back, I turned right around and went back inside. Ain't no way I'm driving a set of wheels with that sticker on it. Not even down the street or around the block.
107
posted on
07/15/2003 3:27:54 PM PDT
by
SamAdams76
(Back in boot camp! 245 (-55))
To: timestax; Drango
1 piece of advise....The police officer does NOT, REPEAT NOT, have to show up. That is true in some states, but not all. In those states where the pol;ice officer is not required to show up, the ticketed person can subpoena the officer and make him show up. If he then doesn't show up, the court will be required to dismiss the ticket.
I was cited for an improper lane change three years agon and the sheriff's deputy failed to include perjury language on his report and when I brought it to the atention of the judge, he dismissed the case. I know he intentionally did not sign it under penalty of perjury or show up because his boss did not want me to be able to question him under oath for a wide variety of reasons.
To: lorrainer
This could be a Waukesha County thing you're noting. The son of a friend of ours got a ticket for 16 over and sent an attorney to the court date. The final charge: Impeding traffic. I kid you not.
To: longtermmemmory
"private communites can give authority to the police to write citations. Evidence of private or public must be brought to court.How do private communities give this authority? Is it implicit or stated? The section of State Code under which my daughter is charged is fairly clear. As it reads she does not qualify even to be a defendant. We will arm ourselves with evidence, however, thanks to your observation.
Meanwhile, even the stop signs in our community do not fall within D.O.T. specifications. If they did not cite the other driver because "it is not a public highway," then it is grossly unfair to cite my daughter for operating a vehicle on a public highway without a license.
Those will be the arguments, and of they do not work, then my daughter will be advised to change her plea to "no contest."
To: connectthedots
I'm in Ohio . and my last ticket was in 1992 , and I showed up, and there was no policeman for my case, or any of the many other traffic cased. Since I did show up to fight it, the Judge said that it was too late to argue the ticket...I should have pled my case to the policeman before he started writing. The Judge did cut me a break by saying it would NOT be required to report it , as points, to Columbus, License Bureau. I don't know how it is now, as I have not gotten any tickets since then..but then I saw NO policeman in traffic court. Prolly in injury/Dui cases, it was a different story.
To: Badray
LOL!
To: timestax
p i n g
To: mvpel
Well, the article did say I was clocked at 47mph in a 25mph zone, didn't it? :-D
But in my defense, I was running late, the street was long and straight, and there was no other traffic, and I don't do that anymore. :-D
114
posted on
07/15/2003 4:37:24 PM PDT
by
mvpel
(Michael Pelletier)
To: mvpel
Speeding ticket = guilty until proven innocent.
People accused of being ax murders have more rights than those caught in speed traps. I know, I've experienced the wrath of small-minded town cops (Elm Mott, TX and Argyle, TX)... I was ticked in Spring of '85 and '89... both times I was heading home for summer break from college. I guess I was really looking forward to a home-cooked meal.
Trajan88
To: mvpel
Here in Tulsa the members of the FOP (only cops are members of the FOP) get round medal badges about the size of tennis balls that they bolt to their rear license plates on their personal cars.
Sometimes they do it in such a manner that it blocks one or two of the letters or numbers on the plate which is illegel.
But they don't care because it is obvious why they have the badges on their plates.
It is 'get out of jail free' card. It tells on duty cops that the driver is a fellow officer or family member.
It a minor form of abuse of their position but it stills bugs the hell out me.
116
posted on
07/15/2003 4:57:25 PM PDT
by
429CJ
(.)
To: MineralMan
Yeah, and you probably drive in the left lane at less than the speed limit blocking traffic.
To: lorrainer
Apparently that's how they do it in Oconomowoc in order to avoid the Rosendale speed-trap reputation.Things are different in Kunie :-))
I did make a mistake--I wasn't using 23, but 26. But according to the speed trap link, they've got ALL entrances & exits to Rosendale covered. And using 26 is the shortest way to get from Hwy. 41 to 151.
118
posted on
07/15/2003 5:19:50 PM PDT
by
Catspaw
To: Constitutionalist Conservative
Ky did have that very thing on a section of Northbound I75 nearing Cincinnati. There was a very dangerous section of road called Death Hill and there were a lot of accidents in that area and south of there as well.
I do not know if they are still there now as I have not had a detector in about 15 years.
119
posted on
07/15/2003 5:21:19 PM PDT
by
pcpa
To: MineralMan
Yeah, and you probably drive in the left lane at less than the speed limit blocking traffic.
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