need advice on speeding ticket.
06-30-04, 07:24 PM
#16
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woogie, I assume all states are different, but they can do that in NC, I'm 99.9% sure
And, well at least here. Never....NEVER, just take a speeding ticket. Always show up and at least beg for mercy if you can't afford a lawyer. I repeat, you'd be AMAZED at what a good lawyer can do for you!
And, well at least here. Never....NEVER, just take a speeding ticket. Always show up and at least beg for mercy if you can't afford a lawyer. I repeat, you'd be AMAZED at what a good lawyer can do for you!
Last edited by 04GS300; 06-30-04 at 07:27 PM.
06-30-04, 09:30 PM
#17
Originally posted by Woogie
Alright here's what i think: if you were on the highway for quite a while, there's no way you can miss a cop on teh side of the road with a radar gun. Legally, the cop can't pull you over even if he matches your speed while you're doing 10-15 over teh speed limit. He understands that you are speeding but he has no jurisdiction over that kinda stuff because it's not electronically proven to be correct. The only reason that he can pull you over is if he sees that you're driving wrecklessly, in which case he would cite you for driving wrecklessly and not just for speeding. even if he was using a radar gun... he was prolly driving at the time and radar guns dont work that way because radar guns work on the basis of relativity in position.
recap: 1. you didn't see him on the side of the road... which means that he prolly wasn't using his radar gun. 2. he can't cite you by driving next to you and measuring your speed with his speed. 3. even if you were going 2-3 over teh speed limit, he's got no way of proving it cuz for all he knows, the guy tat you were passing was driving 5 under.
Keeping in mind that you've already got three points... that's a pretty tuff call to make. Do you contest the state or not... I'd prolly just take the speeding ticket. there's no need to gamble.
it's the end of the month so the stupid pig prolly just wanted his department to meet their quota.
Good luck man.
Alright here's what i think: if you were on the highway for quite a while, there's no way you can miss a cop on teh side of the road with a radar gun. Legally, the cop can't pull you over even if he matches your speed while you're doing 10-15 over teh speed limit. He understands that you are speeding but he has no jurisdiction over that kinda stuff because it's not electronically proven to be correct. The only reason that he can pull you over is if he sees that you're driving wrecklessly, in which case he would cite you for driving wrecklessly and not just for speeding. even if he was using a radar gun... he was prolly driving at the time and radar guns dont work that way because radar guns work on the basis of relativity in position.
recap: 1. you didn't see him on the side of the road... which means that he prolly wasn't using his radar gun. 2. he can't cite you by driving next to you and measuring your speed with his speed. 3. even if you were going 2-3 over teh speed limit, he's got no way of proving it cuz for all he knows, the guy tat you were passing was driving 5 under.
Keeping in mind that you've already got three points... that's a pretty tuff call to make. Do you contest the state or not... I'd prolly just take the speeding ticket. there's no need to gamble.
it's the end of the month so the stupid pig prolly just wanted his department to meet their quota.
Good luck man.
but again he can't do that like from 2 miles away, that's not pacing, that's guessing
06-30-04, 09:33 PM
#18
Originally posted by GSing430
i was not in and out of traffic, the guy in front of me was driving pretty slow, so i decided to switch lane (slow lane) speed up to pass him, after about 4 car length, signaled back to the middle and 5 sec after signal to the fast lane than i saw him in the rearview with him being at the furthest distance in the mirror which was pretty far away. Henry, this would be my fourth pt since early last year. over a year ago. i think the dmv will revoke my license on my 4th point. i thinks he assume i was doing 90+ but was not 100% so he gave me a 5mph difference speeding ticket.
i was not in and out of traffic, the guy in front of me was driving pretty slow, so i decided to switch lane (slow lane) speed up to pass him, after about 4 car length, signaled back to the middle and 5 sec after signal to the fast lane than i saw him in the rearview with him being at the furthest distance in the mirror which was pretty far away. Henry, this would be my fourth pt since early last year. over a year ago. i think the dmv will revoke my license on my 4th point. i thinks he assume i was doing 90+ but was not 100% so he gave me a 5mph difference speeding ticket.
but the most important thing here is, did you admit to him what you did, that's crucial
06-30-04, 09:33 PM
#19
Originally posted by PHML
Gsing....
I noticed you running staggered 19s with fatter tire setup (40/35 series)....did you re-calibrate your spedometer for the larger diameter tires (larger than stock)? Maybe that will cause your spedometer to read 67 mph....when you may actually going faster...but NOT 90 mph.
I'd still say contest it.
Gsing....
I noticed you running staggered 19s with fatter tire setup (40/35 series)....did you re-calibrate your spedometer for the larger diameter tires (larger than stock)? Maybe that will cause your spedometer to read 67 mph....when you may actually going faster...but NOT 90 mph.
I'd still say contest it.
06-30-04, 09:35 PM
#20
Originally posted by 04GS300
woogie, I assume all states are different, but they can do that in NC, I'm 99.9% sure
And, well at least here. Never....NEVER, just take a speeding ticket. Always show up and at least beg for mercy if you can't afford a lawyer. I repeat, you'd be AMAZED at what a good lawyer can do for you!
woogie, I assume all states are different, but they can do that in NC, I'm 99.9% sure
And, well at least here. Never....NEVER, just take a speeding ticket. Always show up and at least beg for mercy if you can't afford a lawyer. I repeat, you'd be AMAZED at what a good lawyer can do for you!
but if it's second, fight the hell out of it, you have nothing to lose. basically if everyone decides to fight the ticket, the whole court system would collapse, and we all don't get tickets coz' they can't process it fast enough and we win by whatever ammendment it is (7th?)
06-30-04, 10:44 PM
#21
Lexus Champion
Understandable - pacing may be legal in some states, but that still doesn't justify the cop being able to pace GSing from quite a bit away. impossible.
Definately contest. You've got nothing to lose.
Definately contest. You've got nothing to lose.
06-30-04, 11:33 PM
#22
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I would fight it since you have a lot of points and he cited you for going only 5 mph over the limit. Who knows, the cop might not show up (but that's unlikely with ChP) or the judge might be lenient and dismiss it because driving only 5 mph over the limit is reasonable for the conditions. Sometimes, if you're nice and the judge is in a good mood, he has the discretion to give you traffic school even if you don't qualify for it. I know that this has happened to a few people who didn't qualify for traffic school; what the judge did was add on an additional four hours of traffic school.
What Vehicle Code section did he cite you for? One time a cop cited a vehicle code section and added an "a" when the "a" subsection didn't exist. I successfully fought it by arguing that I could not put up a suitable defense because I could not know what I was being charged with.
Good luck.
What Vehicle Code section did he cite you for? One time a cop cited a vehicle code section and added an "a" when the "a" subsection didn't exist. I successfully fought it by arguing that I could not put up a suitable defense because I could not know what I was being charged with.
Good luck.
Last edited by LB Lex; 06-30-04 at 11:35 PM.
06-30-04, 11:49 PM
#23
Originally posted by Woogie
Understandable - pacing may be legal in some states, but that still doesn't justify the cop being able to pace GSing from quite a bit away. impossible.
Definately contest. You've got nothing to lose.
Understandable - pacing may be legal in some states, but that still doesn't justify the cop being able to pace GSing from quite a bit away. impossible.
Definately contest. You've got nothing to lose.
07-01-04, 12:52 AM
#24
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I'm still shocked he actually wrote a ticket for only 5 over. I've NEVER heard of that before. It has to be at least 9 over for a point in NC. 15 over gets you 3 points. Those are insurance points, I'm not sure about license points. But heck you could come up with a million good reasons/excuses that you sped up 5mph for a sec.
07-01-04, 03:41 AM
#25
You should fight this ticket. You got nothing to lose and everything to gain. (1) You have 3 points already especially if its in the last 12 months. (2) you were only 5mi over the limit.
http://www.dmv.ca.gov/dl/vioptct.htm
I am not an expert, but here is my past experience to challenging tickets in CA. Don't know about other states.
Look up the code that IT wrote you down for in the vehicle section. See if it applies to you. If it doesn't you are off the hook.
If it does, your possible defenses are:
1. Is his speedo calibrated (only his speedo counts)? Was he present when it was calibrated (most likely not since he would share the car with others). Documentation can be falsified.
2. Make note of the weather, conditions, and traffic. Point out that you had just past a slower car for your safety. Explain to the judge that 5 mi over was reasonable and prudent given the conditions and you were not a danger to yourself or others per 38305.
http://www.leginfo.ca.gov/calaw.html
Good Luck.
Let me know if you have any Qs.
http://www.dmv.ca.gov/dl/vioptct.htm
I am not an expert, but here is my past experience to challenging tickets in CA. Don't know about other states.
Look up the code that IT wrote you down for in the vehicle section. See if it applies to you. If it doesn't you are off the hook.
If it does, your possible defenses are:
1. Is his speedo calibrated (only his speedo counts)? Was he present when it was calibrated (most likely not since he would share the car with others). Documentation can be falsified.
2. Make note of the weather, conditions, and traffic. Point out that you had just past a slower car for your safety. Explain to the judge that 5 mi over was reasonable and prudent given the conditions and you were not a danger to yourself or others per 38305.
http://www.leginfo.ca.gov/calaw.html
Good Luck.
Let me know if you have any Qs.
07-01-04, 05:19 AM
#26
Originally posted by ntran18 If it does, your possible defenses are:
1. Is his speedo calibrated (only his speedo counts)? Was he present when it was calibrated (most likely not since he would share the car with others). Documentation can be falsified.
2. Make note of the weather, conditions, and traffic. Point out that you had just past a slower car for your safety. Explain to the judge that 5 mi over was reasonable and prudent given the conditions and you were not a danger to yourself or others per 38305.
http://www.leginfo.ca.gov/calaw.html
[/B]
1. Is his speedo calibrated (only his speedo counts)? Was he present when it was calibrated (most likely not since he would share the car with others). Documentation can be falsified.
2. Make note of the weather, conditions, and traffic. Point out that you had just past a slower car for your safety. Explain to the judge that 5 mi over was reasonable and prudent given the conditions and you were not a danger to yourself or others per 38305.
http://www.leginfo.ca.gov/calaw.html
[/B]
07-01-04, 08:21 AM
#28
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I have a lawyer that has my speeding tickets amended to faulty equipment. He has some kind of hook-up in the courthouse. What he does is changes it from speeding to a broken speedometer, and then produces some kind of receipt saying I had it fixed and all is OK. I gotta pay him 2 bills, but it's worth it. We may have more graft in Kentucky than you do in your region though. You should ask around and see if this can be done in your area.
07-01-04, 08:50 AM
#29
Racer
Thread Starter
Originally posted by PHML
Gsing....
I noticed you running staggered 19s with fatter tire setup (40/35 series)....did you re-calibrate your spedometer for the larger diameter tires (larger than stock)? Maybe that will cause your spedometer to read 67 mph....when you may actually going faster...but NOT 90 mph.
I'd still say contest it.
Gsing....
I noticed you running staggered 19s with fatter tire setup (40/35 series)....did you re-calibrate your spedometer for the larger diameter tires (larger than stock)? Maybe that will cause your spedometer to read 67 mph....when you may actually going faster...but NOT 90 mph.
I'd still say contest it.
07-01-04, 08:56 AM
#30
Racer
Thread Starter
Originally posted by rominl
i think the law is if you get 4 points in a yr, or 6 points in 2, or 8 points in 3, then your licence is suspended, so you know where you are at
but the most important thing here is, did you admit to him what you did, that's crucial
i think the law is if you get 4 points in a yr, or 6 points in 2, or 8 points in 3, then your licence is suspended, so you know where you are at
but the most important thing here is, did you admit to him what you did, that's crucial