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Old Mar 10, 2004 | 01:48 AM
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Default Speeding ticket challenge

I got a ticket, and I have a few questions. First, the cop wrote me for 70 in a 40. There were three things wrong on the ticket. First off he put the wrong city, it was really a 55 zone, and the street was Highland Park, not Highland Ranch. Along with these three things, I called the police department and this particular officer (the ******* of ********) has over a DOZEN complaints against him, mainly about mistreatment and harassment, and 10 of these were from people 18 and under. Basically he is known for harassing us kids. I was doing maybe 60, so along with the three errors and given his past, think I can beat it in court? Also, he didnt catch me on radar, he "judged" my speed. He was facing the southbound when I went by going northbound. Any chance you think? Any similar experiences?
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Old Mar 10, 2004 | 08:02 AM
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You'll get out of it no problem, don't sweat it.
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Old Mar 10, 2004 | 08:08 AM
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Hey you need to check out AAA's web site they have all kinds of
info on how ot beat a ticket.And you should beat that with no problem.
__________________________________________________ _______
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Old Mar 10, 2004 | 08:08 AM
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sounds like you'll get off. You might want to get an attorney to handle it for you though. Always fight those tickets, you can almost always get them reduced, if not thrown out altogether, and its worth the money you'd pay an attorney in the long run, because you'll end up paying WAY more in insurance all the way until you are 25.
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Old Mar 10, 2004 | 08:18 AM
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Dude, I have a ticket laywer practically on retainer.

I drive how ever fast I want when ever I want. Don't get me wrong I'm not a maniac and I don't do 55 in a school zone. But we have alot of 3 lane roads, almost highway type roads, down here that the speed limit is 40 mph and everyone does atleast 70.

Anyway I just go from point A to point B and if I get pulled over for speeding, big deal... I fax the ticket to my lawyer, he charges me $70.00 and 5-6 months later I get a "Case Dismissed" notice from the county court.

My lawyer is 6 - 0 vs the court system for almost 8 years now. Not too bad when you think about it 6 actual tickets in 8 years, none of which ever exist after the case is dismissed.

One thing that does help also is to get a decent radar detector. It will keep you from having to hassle with the motorcycle cops that hide in the bushes on the side of the road.

Anyway, I suggest not taking any chances get a traffic lawyer, pay him his fee and don't worry about it.
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Old Mar 10, 2004 | 08:24 AM
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One thing you should positively NOT do, is go into court and tell the judge you were doing 60 in a 55 for starters. Tickets where the officer says he estimated your speed are the toughest to beat, since the court in most states recognizes all officers as "speed experts" before the court.

You should always at least go to court, maybe he won't show up and that will be the end of that. At least 50% of all tickets would be dismissed due to the officer not showing up if everyone went to court.
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Old Mar 10, 2004 | 09:00 AM
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Yea, you'll get off. If ANYTHING is wrong, or misspelled on the ticket, it can be thrown out of court, if you point it out to the judge. IE name misspelled, date, any little thing.
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Old Mar 10, 2004 | 09:04 AM
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So the fact that there is three errors, no radar, and hes known for harassing kids will help? Any more experiences? Thanks a lot guys!
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Old Mar 10, 2004 | 09:21 AM
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Ask the judge for a jury trial. He'll drop the ticket faster than you can thank him.
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Old Mar 10, 2004 | 09:41 AM
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Originally Posted by Patrolman808
Yea, you'll get off. If ANYTHING is wrong, or misspelled on the ticket, it can be thrown out of court, if you point it out to the judge. IE name misspelled, date, any little thing.
Depends on the state and the judge. There is one judge in my district that thanks people for pointing out the officer's clerical errors and then convicts them for their effort.
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Old Mar 10, 2004 | 09:44 AM
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Sent an IM. Most of the info in this thread is erronious. Most written errors arent a 'fatal defects' in a traffic ticket and are correctable on the record. Whether or not the policeman has complaints against him is irrelevant as 'evidence of prior past behavior cannot be presented unless to show motive, intent or opportunity'.

California has specific laws on speeding tickets & speed traps and I strongly suggest you read up on them.

/Yes, I really do have a Law Degree
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Old Mar 10, 2004 | 10:38 AM
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Default Tickets! Tickets! Tickets!

I believe in your situation there is a definite chance you can have your ticket thrown out. There are too many errors on the officer's ticket. Plus, you never know, maybe your complaint will be the one that gets him investigated by IA and maybe get him fired. Believe it or not I got stopped for not having a front license plate. This certain P.O. walked up to me and gave me the reason he stopped me. Like most law enforcement officers, we are able to purchase window stickers that identify our different agencies. As soon as this guy saw who I worked for he began to tell me of how he has arrested others like me. You would think that he would of cut me a break with a warning, But Naa the guy had to be an A-whole. I don't work for someone who can give out tickets, but I do have the abilitiy to tear up his car when he passes through my inspection. The day wil come when he and I meet and trust me it won't be pleasant for him. (We live in a very small town) As for my ticket($95.00), I paid it, no big deal since it is not a moving violation it won't affect my insurance. Now don't get me wrong I have never done anything illegal or anything purposefull to mess up somebodies car, but this guy over did it. This certain P.O. has several complaints against him as well and it is my understanding that he is on the verge of losing his job. Some P.O. think they own the world, (especially in small cities) so don't give up. Some officers don't belong in law enforcement if they can't be fair and just. The worst thing of all is that I had to take off my front trans am emblem cover and put an ugly plate. Sucks!!! but it's the law.
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Old Mar 10, 2004 | 10:48 AM
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Tell the judge you were in a hurry because you were late picking up his daughter from the "Planned Parenthood" clinic you dropped her off at earlier that morning. He will forget all about the ticket.

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Old Mar 10, 2004 | 11:07 AM
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Whether or not the policeman has complaints against him is irrelevant as 'evidence of prior past behavior cannot be presented unless to show motive, intent or opportunity'.
And this seems like a perfect example of intent. If there is a definite trend of targetting youths, that's evidence of intent.

I had a ticket thrown out when I was on my motorcycle because there were an inordinate number of tickets given out to motorcyclists by that officer. I'm talking like nearly half of all motorcycle tickets handed out by that precinct were from this officer, and almost all of the tickets he himself had issued were to motorcyclists. My lawyer was the one that gathered all this info (on his own), and got the ticket dismissed easily. On top of that, a few months later I get a call from him telling me to check out page B5 of the local paper. It was a small blurb regarding a police officer being suspended and fined for pretty much prejudice against motorcyclists. I don't remember the exact wording of the charge, this was about 3 years ago now, but that was pretty much the gist of it.
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Old Mar 10, 2004 | 03:52 PM
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I got a ticket at a speed trap here in Texas between Houston and Austin and the cop had put the wrong date--he dated it 2 weeks before the actual ticket was issued. Well I presented this to the judge and showed that I could not have been there at that time because I was working and this made absolutely no difference. He said that it didn't matter what the date said--that the fact of the matter was--I was speeding. I had to pay the ticket and it went on my driving record. Defensive driving was not an option because I didn't declare that I wanted DD thinking that I was going to beat the ticket on a technicality. He was just an angry old goat who should have already been retired.
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Old Mar 10, 2004 | 03:58 PM
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Originally Posted by 1998LS1TA
...... He was just an angry old goat who should have already been retired.
most judges are...... im going to court tonight.....hope i dont screw up! lol.
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Old Mar 10, 2004 | 04:02 PM
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Ohhh and I also brought up the fact that the cop was a dumb***. I asked the judge "you mean to tell me that you have people out here using a radar gun and they don't even know what day it is or how to record the numbers properly--what makes me think that he correctly recorded my speed" That old goat didn't budge. This whole town was full of ignorant hicks obviously.
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Old Mar 10, 2004 | 04:10 PM
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Originally Posted by 1998LS1TA
Ohhh and I also brought up the fact that the cop was a dumb***. I asked the judge "you mean to tell me that you have people out here using a radar gun and they don't even know what day it is or how to record the numbers properly--what makes me think that he correctly recorded my speed" That old goat didn't budge. This whole town was full of ignorant hicks obviously.
Most small municipal judges are moonlighting lawyers, defense attorneys mostly. They know they have to keep the conviction rate high for $$ revenue, otherwise the city will just choose a different lawyer to work Wednesday nights.
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Old Mar 10, 2004 | 05:58 PM
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its not as easy to get tickets dropped as one might think 16nrollininaws6 im sure you have heard your friends at school telling you how they got out of this ticket or that ticket...for some reason in highschool its a cool thing to get pulled over then "get the ticket dismissed", i actually did a survey in northern virginia for an extracredit report about this very thing...only found 12% of the stories were true out of about 1500 people (ages 15-22, worst age with lying about it being 17). this is the thing, a tickets a ticket, you were speeding, **** happens. Go in with a mature head on your shoulders, when they ask you about the infraction you tell them "Yes sir i was speeding" regaurdless of how fast it really was...More often than not, i see when kids try to point out errors, they dont let up at all and get you for everything you are worth. plus they keep an eye on your plate numbers (seen that and heard that from personal experience). Honesty is going to prove you to be a mature driver. Accepting being behind the wheel of the car as a priviledge not a right will go a long way. Trust me i used to date a judges daughter who is now married to one of my best friends....so i've asked this dude plenty of questions. and say you still get the ticket, at least you were honest about the infraction and about your self. and you learn something from it which is much more valuable then getting out of it on a technicality.
goodl uck
Travis
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Old Mar 10, 2004 | 06:16 PM
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Originally Posted by XuhQshinR
Tell the judge you were in a hurry because you were late picking up his daughter from the "Planned Parenthood" clinic you dropped her off at earlier that morning. He will forget all about the ticket.

lol thats hilarious!
I've gotten out of two speeding tickets by going through a traffic attourney. Its 99.99% successfull and always cheaper in the long run and has been cheaper than the fine for both of my tickets.
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