Author Topic: Question for the police out there...  (Read 4317 times)

Offline CAP1

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Re: Question for the police out there...
« Reply #15 on: December 26, 2009, 07:02:20 PM »
... I was just pulled over for a speeding ticket. I do NOT intend to fight the fact that I was speeding. I was, that is inexcusable, and I must own up to it. However, I know beyond a shadow of a doubt the speed was WRONG. I was clocked at 83MPH in a 55MPH zone. The distance the officer claimed to have made the shot from was 753ft. At the time I was clocked, I was being PASSED by three other vehicles, a light green Prius, a new shiney (Metalic) blue Honda Civic, and a third car I could not clearly see, though it was a black sedan. I was in the far left lane of a three lane highway, and the Prius and Civic were in the middle lane, the black sedan on the far right. The officer was parked on the far right side of the highway, and I could only see him for a second before he was obscured by the three cars passing me. (Though they were passing me, they were slamming on their brakes, as the civic almost hit the prius). My point of contention was that I do not believe the officer was gunning me. There were three other cars between us moving faster than I was.

My evidence is, well, weak. The best I have to go by is my word, and the word of a passenger, that those cars were there. I do not have any moving violations or previous arrests, nor does my passenger. In addition, I have my vehicle. It's a 1999 Suzuki Station Wagon. It is NOT a speed demon, and the road was uphill. I know for a fact my vehicle cannot reach 80MPH going uphill, even with the accelerator fully depressed, and overdrive off (The condition in which the vehicle obtains it's maximum speed and acceleration). My passenger and I both looked at my speedometer as soon as we saw the officer's car, because I do have a tendency to speed, though again, that's usually no more than 60MPH in a 55MPH zone. We both saw my speed to be 65MPH on the dot. Also, at speeds of over 60MPH, my steering column begins to shake violently, as does the rest of the car, so I would KNOW if I was going 83MPH. I would be praying for my own survival, as the car is barely in one piece as it is.

So basically, the officer wants to hit me with an excessive speeding charge. I disagree. I will own up to speed, pay the fine, do community service, whatever is requested. I broke the law, I am responsible for the results. However, the Excessive Speeding charge is, well, excessive. I was NOT doing 83MPH and I COULD NOT have been doing 83MPH in those conditions. I do not also feel the officer could have accurately hit MY vehicle, three lanes away from him with three other vehicles in between and in startlingly close proximity to myself from 753ft, ESPECIALLY if I really HAD been moving 83MPH.

In the end, I guess I am asking for advice on contesting the speed itself.

his radar saw the closest vehicle to him.

what you have against you:

you're young
you were in the left lane
you probably admitted to speeding when he had you stopped...and it's recorded.

what you have for you:

the officer cannot verify it was you, as long as you can prove there were cars passing you.
there were 3 other possible targets there. to the best of my knowledge, only laser can single out a target.


now....the only reasons you got stopped, are because you were in the left lane, and because you were the slowest out of the group..thus easier to catch.

 fight it. do not admit to any speed more than 5mph over. a car like yours generally had between 3 and 8mph error.(my dakota reads 6mph hi, my taurus reads 8mph hi).
 when you go to court, dress professionally(don't use your CAP uniform), and present yourself calmly, and professionally. DO NOT attack the officer. approach it as  "sir, i know that the officer has his job to do, and i was pretty sure that my car wasn't capable of the speed i was written for, so i took it to a shop to have my speedometer checked. i also used my gps(if you have an aviation one, be sure he knows it) to verify my speedometer myself at(insert some speeds here). it was reading in error by(insert the amount here).
 now, seeing as there were 3 cars passing me, i truly thought i was either on or slightly below the speed limit.


 or something on that order. it's all in the approach you take. you have to be polite(which i already imagine you are) and concise. you kind of want to make the officer put himself on the defensive, which will happen if the three passing cars are brought up.

 now, please, don't mis-intrepert anything i'm saying.......but i've seen what games nj police play. i would imagine others do the same.

 i watched a 3 bike race on rt38. in mount laurel. i told my girlfriend that that dude right there(i saw the pd cruiser 2 cars behind me)...i pointed at the loser of the race.......i told her he was gonna be the one to be stopped. she said no way, because the other 2 were much faster. the officer pulled over the slow guy. he was the easy target.

 anyway, keep us informed......and i truly hope you make out ok.

one final thing........if you havent already, talk about this to your parents. explain it to em. they'll find out somehow........

almost forgot.....make sure your friend that was with you can come to court with you. if you know any police officers, or you know anyone in cap that does, ask them for advice too.

 i just read further down....if it was laser, he can pick any car out of a pack...........

for future reference, keep your CAP ID card with your DL.

 last time i got stopped, it was for expired tags. here in nj, there is never any argument for that...they call a tow truck, and impound your car.

my CAP ID "accidently" fell out as i was pulling my DL out. the officer asked me if i was airforce, as he could only see the seal. i handed him the card, and a 5 minute lesson(to him)ensued on what/who CAP is, and our capabilities. he then told me to go home, and if he ran my tag tomorrow, and it wasn't renewed, my car was gonna be towed.
« Last Edit: December 26, 2009, 07:08:22 PM by CAP1 »
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Offline Rich46yo

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Re: Question for the police out there...
« Reply #16 on: December 26, 2009, 07:12:22 PM »
Do Cap1's Lawyer imitation and the Judge will probably beat on you like your a rented mule. Cap beat a registration ticket and now he's F. Lee Bailey. :huh

Tell the judge what you truly believe. That you were speeding but not going that fast, "you do take an oath before testifying yaknow". You think they havnt heard all that before?

Tell the truth and he may show you mercy. Get caught up in Lies and the fine will be heavy.

Probably 98 out of a 100 Ive written thought they were either not wrong, or, wrong only of something Less. Imagine being wrong with total strangers so often. :headscratch:
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Offline trigger2

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Re: Question for the police out there...
« Reply #17 on: December 26, 2009, 07:17:08 PM »
one final thing........if you havent already, talk about this to your parents. explain it to em. they'll find out somehow........

Yeah... The problem with my speeding ticket is that my dad is an officer for the city I got it in. >.< He heard it over the radio, and came home laughing...

Anyways, my dad says that, 1) You're toast. 2) The steering column shaking, he says, "Be lucky you didn't get caught driving with defective equipment and get a reckless driving ticket on top of it. Don't tell the judge about the steering column, they'll slam you even more. Pay the ticket, cut your losses. "
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Offline CAP1

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Re: Question for the police out there...
« Reply #18 on: December 26, 2009, 07:21:25 PM »
Do Cap1's Lawyer imitation and the Judge will probably beat on you like your a rented mule. Cap beat a registration ticket and now he's F. Lee Bailey. :huh

Tell the judge what you truly believe. That you were speeding but not going that fast, "you do take an oath before testifying yaknow". You think they havnt heard all that before?

Tell the truth and he may show you mercy. Get caught up in Lies and the fine will be heavy.

Probably 98 out of a 100 Ive written thought they were either not wrong, or, wrong only of something Less. Imagine being wrong with total strangers so often. :headscratch:

no. i've gotten off on several possible speeding tickets that way.

wait...one of them was because i knew the chief in that town...the others though, were simply because i politely picked apart the situation.
« Last Edit: December 26, 2009, 07:22:57 PM by CAP1 »
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Offline CAP1

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Re: Question for the police out there...
« Reply #19 on: December 26, 2009, 07:24:41 PM »
Yeah... The problem with my speeding ticket is that my dad is an officer for the city I got it in. >.< He heard it over the radio, and came home laughing...

Anyways, my dad says that, 1) You're toast. 2) The steering column shaking, he says, "Be lucky you didn't get caught driving with defective equipment and get a reckless driving ticket on top of it. Don't tell the judge about the steering column, they'll slam you even more. Pay the ticket, cut your losses. "

the only problem with taking the ticket(83 in 55 zone) is more than likely he;s gonna lose his DL...and his insurance will go through the roof.


i don't fault officers. but when they can't be certain of who they clocked.............

i'll bring it up to a sergeant friend of mine on monday.......
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Offline Masherbrum

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Re: Question for the police out there...
« Reply #20 on: December 26, 2009, 07:35:12 PM »
Yep, 28mph over is definitely a "Losing your License" event.   Or the point accrued from Speeding, Reckless Driving will put him in "High Risk Insurance".  
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Offline ink

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Re: Question for the police out there...
« Reply #21 on: December 26, 2009, 07:41:26 PM »
friggin cops, very few I have met were quite awesome, most sad to say, got picked on too much in grade school and want revenge and are power hungry dirtbags,  and trust me I have dealt with more cops then most 10 people.


you cant and wont win, even if you are "right" does not matter, YOU are the one who got popped they will not care about anything you have to say.

I will say once about 15 years ago, I went through Texas, coming into Fort Worth, I was clocked at 101 in my 73 Dodge Challenger and he let me go with no Ticket, and more recently I have been treated very well by the cops in the town I live in now, it is confusing to me, who grew up hating cops,  I was driving an unregistered car and he let me drive away.

so my first instinct is to just pay, but hey you never know, Cap has it right if you want to try and fight it.



INK

Offline Tec

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Re: Question for the police out there...
« Reply #22 on: December 26, 2009, 08:00:22 PM »
Do Cap1's Lawyer imitation and the Judge will probably beat on you like your a rented mule. Cap beat a registration ticket and now he's F. Lee Bailey. :huh

But writing some speeding tickets makes you Judge Dredd?

Quote
Tell the truth and he may show you mercy. Get caught up in Lies and the fine will be heavy.
   

How does this work?  Either someone is charged with perjury, or not.  The judge can't just up the fine because he thinks you might be pulling his leg.

You have nothing to lose by fighting it, just be respectful and concise.  Have a game plan layed out ahead of time and let it fly.  Judges are busy, and deal with bullcrap by the truckload, if you can show that you aren't just some moron wasting the judges time and trying to save your own bellybutton you have a decent chance.
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Offline CAP1

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Re: Question for the police out there...
« Reply #23 on: December 26, 2009, 08:15:16 PM »
friggin cops, very few I have met were quite awesome, most sad to say, got picked on too much in grade school and want revenge and are power hungry dirtbags,  and trust me I have dealt with more cops then most 10 people.


you cant and wont win, even if you are "right" does not matter, YOU are the one who got popped they will not care about anything you have to say.

I will say once about 15 years ago, I went through Texas, coming into Fort Worth, I was clocked at 101 in my 73 Dodge Challenger and he let me go with no Ticket, and more recently I have been treated very well by the cops in the town I live in now, it is confusing to me, who grew up hating cops,  I was driving an unregistered car and he let me drive away.

so my first instinct is to just pay, but hey you never know, Cap has it right if you want to try and fight it.



INK

he let ya off with just a ticket, 'cause he felt sorry for ya in a dodge....and was probably in shock that ya got it to go that fast.  :neener:
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Offline CAP1

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Re: Question for the police out there...
« Reply #24 on: December 26, 2009, 08:16:28 PM »
But writing some speeding tickets makes you Judge Dredd?
    

How does this work?  Either someone is charged with perjury, or not.  The judge can't just up the fine because he thinks you might be pulling his leg.

You have nothing to lose by fighting it, just be respectful and concise.  Have a game plan layed out ahead of time and let it fly.  Judges are busy, and deal with bullcrap by the truckload, if you can show that you aren't just some moron wasting the judges time and trying to save your own bellybutton you have a decent chance.
which is what i was trying to convey...it just took me a whole lot more typing.
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Offline Serenity

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Re: Question for the police out there...
« Reply #25 on: December 26, 2009, 11:22:54 PM »
his radar saw the closest vehicle to him.

what you have against you:

you're young
you were in the left lane
you probably admitted to speeding when he had you stopped...and it's recorded.

what you have for you:

the officer cannot verify it was you, as long as you can prove there were cars passing you.
there were 3 other possible targets there. to the best of my knowledge, only laser can single out a target.


now....the only reasons you got stopped, are because you were in the left lane, and because you were the slowest out of the group..thus easier to catch.

 fight it. do not admit to any speed more than 5mph over. a car like yours generally had between 3 and 8mph error.(my dakota reads 6mph hi, my taurus reads 8mph hi).
 when you go to court, dress professionally(don't use your CAP uniform), and present yourself calmly, and professionally. DO NOT attack the officer. approach it as  "sir, i know that the officer has his job to do, and i was pretty sure that my car wasn't capable of the speed i was written for, so i took it to a shop to have my speedometer checked. i also used my gps(if you have an aviation one, be sure he knows it) to verify my speedometer myself at(insert some speeds here). it was reading in error by(insert the amount here).
 now, seeing as there were 3 cars passing me, i truly thought i was either on or slightly below the speed limit.


 or something on that order. it's all in the approach you take. you have to be polite(which i already imagine you are) and concise. you kind of want to make the officer put himself on the defensive, which will happen if the three passing cars are brought up.

 now, please, don't mis-intrepert anything i'm saying.......but i've seen what games nj police play. i would imagine others do the same.

 i watched a 3 bike race on rt38. in mount laurel. i told my girlfriend that that dude right there(i saw the pd cruiser 2 cars behind me)...i pointed at the loser of the race.......i told her he was gonna be the one to be stopped. she said no way, because the other 2 were much faster. the officer pulled over the slow guy. he was the easy target.

 anyway, keep us informed......and i truly hope you make out ok.

one final thing........if you havent already, talk about this to your parents. explain it to em. they'll find out somehow........

almost forgot.....make sure your friend that was with you can come to court with you. if you know any police officers, or you know anyone in cap that does, ask them for advice too.

 i just read further down....if it was laser, he can pick any car out of a pack...........

for future reference, keep your CAP ID card with your DL.

 last time i got stopped, it was for expired tags. here in nj, there is never any argument for that...they call a tow truck, and impound your car.

my CAP ID "accidently" fell out as i was pulling my DL out. the officer asked me if i was airforce, as he could only see the seal. i handed him the card, and a 5 minute lesson(to him)ensued on what/who CAP is, and our capabilities. he then told me to go home, and if he ran my tag tomorrow, and it wasn't renewed, my car was gonna be towed.

My CAP ID is always in the car, and under my pilot's license. I know based on the radar at Hickam AFB that my spedometer is 2-3MPH fast. I made a point of not admitting anything to the officer, and I was clearly confused when he told me what my speed was (I knew my car couldn't do it, and my passenger was shocked too at the number, having been WATCHING the spedometer). And the first thing I did when the cop pulled away was call my parents and tell them exactly what happened.

Yeah... The problem with my speeding ticket is that my dad is an officer for the city I got it in. >.< He heard it over the radio, and came home laughing...

Anyways, my dad says that, 1) You're toast. 2) The steering column shaking, he says, "Be lucky you didn't get caught driving with defective equipment and get a reckless driving ticket on top of it. Don't tell the judge about the steering column, they'll slam you even more. Pay the ticket, cut your losses. "

The problem with just paying it, is that I was speeding doing 65. Thats a fine. He says I was doing 83. Thats a $700+ fine, plus community service, plus possibly a lost license.

Offline rpm

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Re: Question for the police out there...
« Reply #26 on: December 26, 2009, 11:45:35 PM »
Hire a lawyer.
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Offline Masherbrum

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Re: Question for the police out there...
« Reply #27 on: December 26, 2009, 11:49:55 PM »
This has happened to me.   Simply put, he "got the wrong car".   I was in my old 2002 Explorer picking up some paintballs.   Speed limit is 45, I set the cruise for 47.   I'm in the middle of three lanes.   Two cars haul arse on my 6 and each goes to the right and left and speed up.   I get "picked".   The cop pulls me over and I know what happened and let it play out.  

I tell him.  "Honestly sir, I had the cruise set according to my speedometer at 47mph.  So actually, I'm confused as to why I got pulled over."   He says:  "Well, I got you on laser doing 57 in a 45 (which I knew he got the wrong guy and is color blind on top of it)."   I hand him my lic, ins and regis.  

It gets better.   Sure enough he wrote a ticket and comes back.   "Sir, I wrote you for Impeding the Flow of traffic and it is no points (City of Taylor has a nice $200 fine to get you in the keyster good).  Also, did you realize your Insurance is expired?"   I say, "sir, look here, it is only 2 months into my current 6 months and is up to date".   Here's the funny part.  

"I'm sorry sir, both of these citations will be voided.  You can go."   It cracks me up and I had to show him my insurance was current.   All he had to do was let me off with a warning, because we both knew he wanted one of the two that sped around me.  


Now Serenity, you and I have had go arounds.   Are you embellishing your "lack of speed"?   If not, you might have a small window in court if you fight it.   If you do, be polite, civil and be stern.   Try not to say too many "um's, etc".   If the Judge sees you aren't hiding anything, etc.   He'll(she'll) probably lessen the fines.  I doubt they'll be expunged, but maybe less collateral damage.  
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Offline Chalenge

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Re: Question for the police out there...
« Reply #28 on: December 27, 2009, 12:49:38 AM »
I have had runins before and gone to the traffic safety class to have the points taken off my license and the state trooper running the class told us that the safest way to drive the highways is to speed up 1 mph when you get passed and slow down 1 mph when you pass someone else and eventually you will have yourself at the average pace of the highway and no officer will right you a ticket for being average.

Apparently Georgia doesnt follow that rule.
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Offline CAP1

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Re: Question for the police out there...
« Reply #29 on: December 27, 2009, 12:50:04 AM »
This has happened to me.   Simply put, he "got the wrong car".   I was in my old 2002 Explorer picking up some paintballs.   Speed limit is 45, I set the cruise for 47.   I'm in the middle of three lanes.   Two cars haul arse on my 6 and each goes to the right and left and speed up.   I get "picked".   The cop pulls me over and I know what happened and let it play out.  

I tell him.  "Honestly sir, I had the cruise set according to my speedometer at 47mph.  So actually, I'm confused as to why I got pulled over."   He says:  "Well, I got you on laser doing 57 in a 45 (which I knew he got the wrong guy and is color blind on top of it)."   I hand him my lic, ins and regis.  

It gets better.   Sure enough he wrote a ticket and comes back.   "Sir, I wrote you for Impeding the Flow of traffic and it is no points (City of Taylor has a nice $200 fine to get you in the keyster good).  Also, did you realize your Insurance is expired?"   I say, "sir, look here, it is only 2 months into my current 6 months and is up to date".   Here's the funny part.  

"I'm sorry sir, both of these citations will be voided.  You can go."   It cracks me up and I had to show him my insurance was current.   All he had to do was let me off with a warning, because we both knew he wanted one of the two that sped around me.  


Now Serenity, you and I have had go arounds.   Are you embellishing your "lack of speed"?   If not, you might have a small window in court if you fight it.   If you do, be polite, civil and be stern.   Try not to say too many "um's, etc".   If the Judge sees you aren't hiding anything, etc.   He'll(she'll) probably lessen the fines.  I doubt they'll be expunged, but maybe less collateral damage.  

yea...like i said in my other post...they stop the slow guy. you were the easiest one to get.


 i don't mean this to be derogatory towards police....but i've been around long enough to see what they do, and the games they can play....as i'm sure you have too.

 in my eyes, he has to fight this one due to the amount written for. if he does it right, is polite, with proof, etc, i truly believe he'll get off the hook all together......or possibly with just court costs.

 the draw back, is if it pisses off the officer, he may have an ankle humper for awhile. i had one of lindenwolds finest seemed to pop out of fire hydrants, trying to catch me doing somethign wrong after i got off on one of his tickets.  :devil
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