need advice on speeding ticket.
#31
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Originally posted by 04GS300
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.
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.
btw. thanks for everyone reply to this.
#32
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Originally posted by omegagavin
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.
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.
#33
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Originally posted by GSing430
when he asked me if i knew how fast i was going, i replied that i didn't know/pay attention to how fast i was going. i stated that he was pacing me for awhile at 90+ but when he came back, that told me that he only indicated 70mph since he didn't won't me to get my license suspended. i take that he assumes i was going 90+ but don't have factual proof. the only problem w/ goin to court is inconvenient. i've been working graveyard shift and don't get off til 8:30am and it's 1 and 1/2 hour away.
when he asked me if i knew how fast i was going, i replied that i didn't know/pay attention to how fast i was going. i stated that he was pacing me for awhile at 90+ but when he came back, that told me that he only indicated 70mph since he didn't won't me to get my license suspended. i take that he assumes i was going 90+ but don't have factual proof. the only problem w/ goin to court is inconvenient. i've been working graveyard shift and don't get off til 8:30am and it's 1 and 1/2 hour away.
well like i said look at the ticket and see if it says about the radar used (he would have written down the serial number of the radar). if not, you have a much better chance
how about getting a lawyer? you don't have to go if you have a lawyer
#35
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Originally posted by rominl
umm.... just curious.... isn't that frault?
umm.... just curious.... isn't that frault?
#36
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Originally posted by mmarshall
Not in KY.....you wouldn't believe some of the things that go on there....especially in the rural, somewhat isolated mountainous eastern part. I have a friend who used to be a deputy sheriff there.
Not in KY.....you wouldn't believe some of the things that go on there....especially in the rural, somewhat isolated mountainous eastern part. I have a friend who used to be a deputy sheriff there.
#37
Lexus Test Driver
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You can also have a written trial by declaration if going to court is a pain. You tell you side of the story and the cop tells his side. A clerk/magistrate/judge reviews the two declarations and makes a decision. You don't ever have to show up in court. You can request an appeal if you don't like the outcome. You have a good chance with claiming calibration & the basic speed law since it's only 5miles over.
It doesn't matter how fast you were going, it's what you got written up for.
FYI: If you got a ticket by radar/lidar, there has to have been a traffic survey done in the last 5 yrs. Otherwise it is automatically thrown out.
It doesn't matter how fast you were going, it's what you got written up for.
FYI: If you got a ticket by radar/lidar, there has to have been a traffic survey done in the last 5 yrs. Otherwise it is automatically thrown out.
#38
Lexus Champion
Originally posted by GSing430
when he asked me if i knew how fast i was going, i replied that i didn't know/pay attention to how fast i was going. i stated that he was pacing me for awhile at 90+ but when he came back, that told me that he only indicated 70mph since he didn't won't me to get my license suspended. i take that he assumes i was going 90+ but don't have factual proof. the only problem w/ goin to court is inconvenient. i've been working graveyard shift and don't get off til 8:30am and it's 1 and 1/2 hour away.
when he asked me if i knew how fast i was going, i replied that i didn't know/pay attention to how fast i was going. i stated that he was pacing me for awhile at 90+ but when he came back, that told me that he only indicated 70mph since he didn't won't me to get my license suspended. i take that he assumes i was going 90+ but don't have factual proof. the only problem w/ goin to court is inconvenient. i've been working graveyard shift and don't get off til 8:30am and it's 1 and 1/2 hour away.
Yu know, as far as it is, you should definately make some time to go to court for it. A job won't matter if you can't drive to work
#39
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Originally posted by ntran18
FYI: If you got a ticket by radar/lidar, there has to have been a traffic survey done in the last 5 yrs. Otherwise it is automatically thrown out.
FYI: If you got a ticket by radar/lidar, there has to have been a traffic survey done in the last 5 yrs. Otherwise it is automatically thrown out.
The general rule is that the maximum speed of a vehicle should be 65 mph. This is the speed the federal government wants you to travel, but states can raise this amount but they risk losing federal funds. To lower the speed limit, the city must lower it to an amount that is reasonable. That's why violating the maximum speed limit is theoretically harder to fight because a driver must not exceed the maximum amount, but violating a speed limit is easier because it is lowered to a speed that is deemed reasonable. That's why cops on city streets usually ticket you for going 10-15 mph over the limit because anything less may be reasonable for the conditions. On the freeway, there is a maximum speed, so cops are usually more strict unless you are driving within the flow of traffic, but there have been times when the flow of traffic is too fast that the cop cannot ticket everyone, so what they do is they turn on their lights and start weaving side to side and slow down so everyone slows down. Of course, there are areas where the city has no say about a speed limit, such as through a school zone or in an alley.
Here's an example:
-The maximum speed of a vehicle shall be no greater than 65 m.p.h Cal. Vehicle Code § 22349. (so violating this is presumably harder to fight because it's the maximum speed at which a vehicle can be driven).
-But, the speeds of vehicles can be regulated to a lower speed through the basic speed law (aka speed limits): No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property. Cal Veh. Code § 22350. So if you are charged with violating the basic speed law, it is easier to fight because, regardless of the posted speed limit, you can be driving at a reasonable or prudent speed for the conditions.
-And then there are areas such as school zones, elderly centers, etc. where you cannot exceed the speed limit in these areas because it is presumed that the posted speed limit is reasonable and prudent, so exceeding the speed limit in these areas shows you are being unreasonable and not prudent.
This is why some signs on the road say Speed Limit while the ones on the freeway say Maximum Speed
Last edited by LB Lex; 07-01-04 at 02:01 PM.
#40
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Rominl I think that's a pretty common practice...at least it is here. Traffic courts are packed and they want to get people in and out as fast as possible. Especially if you have a clean record. You still have to pay court costs and a fine for improper equipment, but you get no points, so the county makes $, you save insurance $, and everybody's happy. I had a 62 in 45 dropped to improper equipment about 2 yrs ago. A lawyer makes it a lot easier.
#41
Originally posted by rominl
"produces some sort of receipt" and you tell me that's not frault? having it common doesn't mean it's not a frault?
"produces some sort of receipt" and you tell me that's not frault? having it common doesn't mean it's not a frault?
#42
Originally posted by Woogie
credentials to prove me wrong?
credentials to prove me wrong?
Maybe the laws are different in your state, but this is CA, and it can and does happen here.
However, in this case, I do agree with you... what the cop didn't really "pace" him in this scenario... I just didn't want people to think that pacing couldn't happen
Last edited by Davtown; 07-01-04 at 04:30 PM.
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