Completely bogus speeding ticket - best option?

[SIK1]

Not picking on ya by quoting you. Just want to note that the only thing he seems to be disputing is the amount of the speed not that he was over the limit.

No worries...

I'm just saying that I personally have never received a ticket that I felt was inaccurate or unjust. I have also probably been let off more times than I have been ticketed.  <knock on wood>

That being said I'm sure in these tough economic times the local constabulary are real keen on writing as many tickets as they reasonably can.
You gotta pay for the cruisers some how.

If you can legally get the results you want more power to you.. That is why we have a judicial system.

America what a country.

[Vulcan]

A couple of things.  Was the Lidar unit hand held or vehicle mounted?  I'm not familiar with vehicle mounted but hand held Lidar is target specific.  Meaning that the beam is (depending on the model) 6 to 12 inches wide at it's furthest point.  I have never heard of a state banning the use of Lidar, but I'm not positive of this.

LIDAR is 1m^2 @ 250m. Given it's handheld it doesn't take much shake to get funky readings. They've been shown to get erroneous readings from shaking wing mirrors, to operators sweeping down the bonnet.

[Obie303]

LIDAR is 1m^2 @ 250m. Given it's handheld it doesn't take much shake to get funky readings. They've been shown to get erroneous readings from shaking wing mirrors, to operators sweeping down the bonnet.

Vulcan, not to sound disrespectful but how many Lidar units have you operated?  Have you attended any training classes recently?  Like I posted, it depends on the model that was used.  Was the model a first generation or something new?

[smoe]

Plead not guilty at the hearing, if this is required, and set a court date. Best bet is to show up with a lawyer. Ask around for someone good. I pleaded not guilty and fought a ticket by myself, but was eaten alive. I believe the judge reduced the fine to the court cost. I've been pulled over 4 times since then and found the best way out of ticket is to not get one nor give the officer attitude.

Rules when getting pulled over:
1. Use blinker and pull over.
2. Keep your hands on the ten and two position of the steering wheel.
3. Wouldn't hurt to shut off the engine.
4. Keep windows rolled up until officer directs you to roll one down.
5. Only reach for your wallet and registration after asked for them.
6. DO NOT move around like you are hiding drugs or reaching for a gun. This is the biggest mistake people make because the officer will get worried and WILL be rude to you.
7. Do not let the officer walk away without telling you why you were pulled over. This is the best time for an excuse, best not to lye either. If you are unfamiliar with the area, TELL the officer this in a calm manner. You stand a good chance of not receiving a ticket and may only receive a warning, however, in the case of excessive speeding you probably deserve a ticket.

If you follow these rules you just may not receive a ticket.

[Masherbrum]

Long story short - LEO stopped me and claimed 71 in a 55.

Given the circumstances at the time (changing lanes and slowing to exit), there is no possible way I was traveling 71MPH.

He used a laser.  $90 citation and 2 points.  I'll pay the fine - dont want the points.  Last ticket was 3 years ago in June... just dropped off insurance.

I have three options:

1.) Pay.
2.)  Request waiver hearing (guilty with explanation).  
3.)  Do nothing and a court date will be set (or an arrest warrant...).

I do not want to simply pay the fine.  I will not admit guilt "with an explanation" and I dont wish to do "nothing."

Anyone else ever find themselves in this situation?  I'm a big supporter of LEO's but this guy is off his rocker with his claimed speed (not to mention rude as hell).  Whatcha think?

Mike, if it has been quite some time since you've had a ticket, you could try for the "Impeding the Flow of Traffic" route.   You'd pay that fine, but it incurs ZERO POINTS on your record.   If at the hearing this is mentioned, politely ask your Judge/Magistrate to take your prior driving record consideration.    I realize your last ticket was 3 years, but how long was it before that one?  


Also, I was a victim of "laser tag".   I had the cruise set at 47mph in a 45 zone.   An impatient driver went around me doing 55, I get pulled over and the LEO asks me: "Do you know why you were pulled over?  I clocked you at 55."   I told him: "No, I had my cruise set at 47 and the guy you clocked went around me."  

The LEO comes back with TWO tickets.   First one was Impeding the Flow of Traffic (because he knew the speeding ticket would be thrown out).   He then told me "your Insurance is expired".  I pointed out the date and that "my insurance was just renewed, so how is this possible?"   He ripped up both tickets, because he knew he indeed, got the wrong guy.  

[AAJagerX]

There was a highway that ran behind a hospital in a small town that I lived in.  It wasn't used for the hospital entrance or exit, but was "technically" a hospital zone.  I was riding my Ninja ZX6R, and decided to ride a nice long wheelie to show off for the car full of girls that were behind me.  Turns out, a local cop was right behind them...  I ended up getting a reckless driving ticket and an excessive accelleration ticket.  I got an attorney to represent me in court.  I have no idea how he did it, but he said that he talked to the DA and all charges were dropped due to lack of evidence.  If ya want to win in court, get an attorney.

That being that, good luck.

[Vulcan]

Vulcan, not to sound disrespectful but how many Lidar units have you operated?  Have you attended any training classes recently?  Like I posted, it depends on the model that was used.  Was the model a first generation or something new?

nope, but I've been on the end of an erroneous reading and read enough manufacturer operating guides and tests to know it's limits.

[Bino]

Get a haircut, shine up your best shoes, put on your best suit & tie (go for the Brooks Brothers Über-Preppy effect), and take it to court.  Be very polite.  Be very formal.  Keep your vocabulary simple and direct, but use your best diction.  Address any police as "sir" or "officer" and *always* address the Judge as "Your Honor".  When I did all this, without my having to ask, I was offered a much-reduced plea on a similarly bogus speeding ticket.

Good luck!

[Belial]

Go to court, hope the officer doesn't show up ( he probably will 99%).  Just be polite an apologetic, state that you were just trying to safely navigate the offramp. 

Chances are you will get a ticket but it will be one that doesn't have points on it.




Oh and his radar WILL be calibrated so don't even try it....that only works with town cops that use vascar or stopwatches cause that toejam is inaccurate due to reaction times.

[hlbly]

Little of the advice here applies to my bro . My experience is this .You get all of the justice you pay for . Not long ago I went to court on an eviction notice . My new land lord had made an agreement with me to deduct from rent the money I spent to get a rental habitable . I got every part of it in writing in an addendum to the rental agreement . Approval on all money spent prior to spending it by having her initial and date the estimates . 15 days after I moved in I was served with a notice of trustee sale . The house will be auctioned off on Aug27th this year . When she showed up for rent I told her we needed to talk about the trustee notice of sale . She flipped and gave me a 72 hour non payment of rent eviction notice on the spot . No discussion just screaming at me to pay my rent . I hit the net and gathered my receipts figuring I would be OK . I had her stone cold on 2 things . Improper notification Rent was due on the 5th I was served on the 5th . ORS say she could not even serve me her notice until the 12th a primia fascia defense . Also the 2009 legislature passed a new law saying all pre paid rent and security deposits can be applied to a residential rental in foreclosure . Best defense of all my rent is already paid !!! Well the judge told me at the hearing that he wasn't aware of any law that stated what I was saying . I gave him the Senate bill and the ors number . He disallowed my defense because I didn't prove the home was in foreclosure. The notice of trustee sale is right in the ors as a document that is acceptable  .Also Oregon state law says that only up to 100.00 a month may be deducted from rent . Well I knew all of this and had ORS numbers saying what in a rental agreement may or may not modify a rental agreement . What we had both signed and agreed to was not disallowed . Furthermore the way the addendum's were worded , over rid all of this . As worded our addendum made all the money I spent pre paid rent . Well when I tried to bring this stuff up, at the proper time in the proper way the judge basically told me he had had enough of me . So I shut up immediately . Not an easy thing for me to do when I know I am right . He had to find for me on the other defense . He did not allow for any but the absolute minimum prevailing party fees . None of the costs that also went with it and are routinely allowed . Copy fees ,missed work time etc . This allowed her to serve me again on the spot . As a matter of fact he made me wait in court while she went out to her car and got a new 72 hour eviction notice . Helped her fill it out including a signed statement attesting to it was all filled out correctly with info that was known to be true . Then witnessed it himself . Had his recorder hand it to me and said see if this one don't hold up in my court next week . When I asked him how he could hold me here if the proceedings were over . He told me he would hold me in contempt if I didn't shut up and stand still . We never figured out the source of this mans hostility to me . Well I got a lawyer from a different county to represent me . Well the lawyer hadn't heard of new statute either but he spent a lot of time while I was in his office looking it up . Well turns out I was improperly notified again . My rental agreement said all notices would be 14 days . Also my rental agreement made it actually a lease . Making notifications a mandatory 14 days . So I had a primafacial case again and the prepaid rent defense again . At the hearing the judge scolded my lawyer for being lazy and relying on things an unprepared client had prepared  . He once again had to dismiss on the improper notification defense . My lawyer was pissed he knew I was flat out of money now . He represented me pro bono , including taking over all my appeals on contingency ,with out taking a part of any damages . by july 5th I will finally be compensated to a degree . Nothing but time will fix a credit rating lowered over 200 points . The fact that I spent 2 days in jail < I was unable to restrain myself when I was told to shut up and be still> a new experience to me .   Head full of hair that has gone from brown to gray in less then a year . The moral . Even though I was right in every single instance of the disagreement with the judge . That my documents being the very same ones that were accepted , until I had a mouth piece they weren't accepted or my arguments accepted . Though they were almost word for word exactly the same .

[rpm]

Best Bet- Get a lawyer.

That's the best answer right there.

[LCCajun]

find out if that dept uses dash cams.  If so, you can request a copy of the tape when he observed you, pulled you over and ticketed you.  Request a copy of calibration records for the equipment he used, and his training records.  Definitely go to court and explain to the judge the situation.

Don't go easy into that dark night.

Just wanted to point out Dago when I radar my dash cam isn't pointing in the direction of traffic. Usually I am backed into somewhere and traffic is running perpindicular to my unit. So that I can get out faster and stop the speeder. GL Op with the ticket. Also the day off thing probably won't work. I get paid extra if it is or isn't my day off.

[Terror]

Just don't try to fight a ticket in Ohio!  All a speeding conviction needs is a cop's "estimate" of speeding!!

http://www.cleveland.com/open/index.ssf/2010/06/police_officers_visual_estimat.html

T

[falcon23]

I also heard about a year ago,a guy who got fined like $250..Traffic ticket I think...He took in $250 worth of pennies in one of those HUGE water jugs to the cashier,maybe 2 of them...They dismissed the ticket...

[Saurdaukar]

find out if that dept uses dash cams.  If so, you can request a copy of the tape when he observed you, pulled you over and ticketed you.  Request a copy of calibration records for the equipment he used, and his training records.  Definitely go to court and explain to the judge the situation.

Don't go easy into that dark night.

A camera was used.  First thing he said was that I was being recorded.  More on that below.

A couple of things.  Was the Lidar unit hand held or vehicle mounted?  I'm not familiar with vehicle mounted but hand held Lidar is target specific.  Meaning that the beam is (depending on the model) 6 to 12 inches wide at it's furthest point.  I have never heard of a state banning the use of Lidar, but I'm not positive of this.  

You could try a few things.  First, request a copy of the officer's certificate for their training on Lidar and also request the certificate showing the last date the Lidar unit was tested.  Ask the courts in your state how to request that information.  Photographs of your vehicle and the road you were traveling will help in your defense.  Be prepared for anything the Officer may ask.  

One final option is if you know any lawyer friends.  Maybe they can represent you for an hour.

Lastly, good luck.  I know that most people would be OK with paying the fines for speeding, it's the damn points that go against you and your insurance premiums going up that stink.  It's not right that they are allowed to do that.

The unit was hand-held.  After he went back to his car, I sat there for a minute, reading the ticket, trying to make sense of it (this is in Maryland) and eventually got out of my car, walked back to his and asked him what instrument he used to clock me.  He pointed to a very large, yellow hand-held unit that clearly stated "something, something laser."

No worries...

I'm just saying that I personally have never received a ticket that I felt was inaccurate or unjust. I have also probably been let off more times than I have been ticketed.   <knock on wood>

That being said I'm sure in these tough economic times the local constabulary are real keen on writing as many tickets as they reasonably can.
You gotta pay for the cruisers some how.

If you can legally get the results you want more power to you.. That is why we have a judicial system.

America what a country.

To be clear, I'm not trying to squeak my way out of having done something wrong.  When I am speeding, I am speeding.  If I get caught, I pay the ticket.  Such is life.  In this situation - I think we're talking a damned-near 15MPH difference between reality and his reading.  There was absolutely no possible way I was traveling at 71MPH - I was in third gear which would have put me at about 5,000RPM - which you can hear from around the block in my car.  I am pretty sure I would have noticed the noise.

Plead not guilty at the hearing, if this is required, and set a court date. Best bet is to show up with a lawyer. Ask around for someone good. I pleaded not guilty and fought a ticket by myself, but was eaten alive. I believe the judge reduced the fine to the court cost. I've been pulled over 4 times since then and found the best way out of ticket is to not get one nor give the officer attitude.

Rules when getting pulled over:
1. Use blinker and pull over.
2. Keep your hands on the ten and two position of the steering wheel.
3. Wouldn't hurt to shut off the engine.
4. Keep windows rolled up until officer directs you to roll one down.
5. Only reach for your wallet and registration after asked for them.
6. DO NOT move around like you are hiding drugs or reaching for a gun. This is the biggest mistake people make because the officer will get worried and WILL be rude to you.
7. Do not let the officer walk away without telling you why you were pulled over. This is the best time for an excuse, best not to lye either. If you are unfamiliar with the area, TELL the officer this in a calm manner. You stand a good chance of not receiving a ticket and may only receive a warning, however, in the case of excessive speeding you probably deserve a ticket.

If you follow these rules you just may not receive a ticket.

1.  Check
2.  Check
3.  Check
4.  Summer - windows down
5.  Check
6.  Check
7.  See below.

I couldnt even understand him.  What pisses me off more than the ridiculous claim that I was traveling at that speed, under those circumstances, is the way he treated me.  I have never run into a cop and had a bad experience until this guy.  This one is the one who gives all the others a bad name.

I didnt even get half-way through "Good morning" before he started speaking like an auctioneer.  He didnt ask me a single question - not one.  

Conversation as follows:

Me:   Good mo...
Him:  HelloImofficer(unintelligible)youarebeingrecorded(unintelligible)clockedyou(unintelligible)seventy-oneinafifty-fiveand...
Me:   Whoa, whoa, whoa - slow down.  Everything before seventy-one.
Him:  I introduced myself.  License and registration.

Are you twittleing kidding me?  Go twittle yourself.  

Napoleon comes back.

Him:  Heresyoucitationfifteendays(unintelligible)court(unintelligible)day.

So, as I stated, I sat in a car for a minute to read the ticket and went back to ask a few questions since he asked me none.

Strangest pull-over experience I've ever had.  

Locally, most are advising me to go to court and plead guilty with an explanation.  The logic is that, ignoring the "he may not show up" routine, the judge has 100 people on the docket that day and isnt all that interested in the excuses, explanations or stories - having heard them all four-times over every 30 minutes.  In Maryland, the court does *not* have the power to remove points - the Maryland Motor Vehicle Association does that.  The trick is to get the judge to rule PBJ (Probation Before Judgment); giving you six months to stay out of trouble for the ticket to be dropped, entirely, or to simply have them reduce the severity of the offense - resulting in the MVA not assigning points to said offense.  I am told that if I go in asking for calibration dates for the laser and such, I've got one foot in the toilet right off the bat.



Oh, and J - Im not exactly a chronic offender.  I usually get a ticket every five years or so when I catch the "angry cop + where the hell am I? + sports car" trifecta.

In this particular case, I'm just pissed because I think the best option is for me to plead guilty to something I didnt do... issue of principal... I'll be the first to admit when Ive made a mistake but there is no other word for this ticket but "bogus."  He might as well have clocked my shopping cart in a grocery store parking lot at 45MPH.