View Full Version : Is this worth fighting?
Stretch
07-25-2009, 09:18 AM
On the way back home from a late dinner (around 10 pm) last night, I got pulled over and ticketed for going 70 mph in a 55 mph zone. On the plus side, I didn't get written up for driving with expired tags (haven't gotten around to getting car inspected since safety tags expired in June).
One exit further and the limit would have gone to 65 mph, but given that I passed three more policemen on motorcycles stopping other cars by the time I got let go, I don't think they're going to be too sympathetic.
Any thoughts? Completely clean driving record, will probably be 4 pts plus the fine.
Khariz
07-25-2009, 09:26 AM
What do you mean "worth fighting"?
Were you going 70 in a 55? Did the cop's radar catch you going 70 in a 55?
Traffic offense are generally strict liability. Any subjective reason you would have for going that speed doesn't matter. Unless you have some reason to suspect that the cop's radar gun was broken, and you can prove it, I wouldn't bother with trying to fight it.
Knowing this board, I'm sure you'll get some alternate opinions, but I'm kind of curious what you would plan to do to fight it, if you did.
Plead with the judge to throw it out because you are a nice guy? I've seen it happen.
War Angel
07-25-2009, 09:38 AM
If you have a clean license, you might be able to request a deferred adjucation if you can speak to the officer who issued you your ticket, prior to your court date. This is a 6 month probationary period, and as long as you do not receive another ticket during that 6 months, the charges are dropped and your license remains clean. (This includes non moving violations such as expired inspections) If you receive another ticket, the deferred ticket is no longer dropped, and you will have to pay for both charges.
Khariz
07-25-2009, 09:41 AM
yeah, what state is this? They might have some kind of traffic program (which you probably know more about that we do). That's not exactly "fighting it", but more like "working the system".
They have something like that there?
landy
07-25-2009, 10:04 AM
In almost every situation like this I've been in, usually pleading not guilty, showing up for the court date, and having a reasonable explanation will get the judge or officer involved to agree to drop the points. You'll still have to pay the fine (the only part they really care about anyway) but you're license won't take a hit.
NocturnalRob
07-25-2009, 10:06 AM
what exactly are you trying to fight? you broke the law.
Stretch
07-25-2009, 10:09 AM
I guess by fight I meant go to court and see if I could get it knocked down to 5 over instead of 15 over, since I'm still not really clear whether the speed limit was 55 or 65.
I didn't argue when I got pulled over because I wasn't positive, but I'm going to check it out that stretch of road later today. It's only 1 point (1-9 instead of 10-19 over limit).
MrTastyHead
07-25-2009, 10:15 AM
One exit further and the limit would have gone to 65 mph
That seems pretty clear.
Doubtful it can be successfully contested. However, if the laws in your area are simliar to the traffic laws here - you could contest it and hope that the ticketing officer is a no show. No shows by officers are automatically thrown out (technicality).
That being said, if the officer was writing multiple citations that night from that area then the chances are he'll be there for the court date.
You could find an attorney who could contest, delay, delay, delay, and hope that the officer is a no-show that route. Could get expensive though.
Keller
07-25-2009, 10:41 AM
No shows by officers are automatically thrown out (technicality).
The 6th amendment isn't a technicality. :)
Busted on 64W going towards Short Pump?
Stretch
07-25-2009, 11:01 AM
Busted on 64W going towards Short Pump?
Ha ha, yeah. Got yanked by 181A.
Screw it, whatever, 4 points shouldn't kill me.
Drisco
07-25-2009, 11:01 AM
You could go to the court, hope the officer doesn't show up, and if the officer does, give a good excuse about how you didn't know the speed limit and that you thought it was 65. Be nice to the cop and maybe they will bump it to 5 over.
Warriorbird
07-25-2009, 11:10 AM
You can get driving school. I don't believe you can get a prayer for judgement in VA like NC, however.
When I got my first and only ticket I was stopped about 20 feet before the 55 mph sign. Since I was still in the 45, though, I got a ticket for going 10 over.
Speed limit changes don't happen until you hit the sign. I speed up then.
Warriorbird
07-25-2009, 11:46 AM
Talk to the DA beforehand. Get a reduction minimum.
Ravenstorm
07-25-2009, 11:58 AM
Talk to the DA beforehand. Get a reduction minimum.
This. Plead not guilty and you'll get a court date. Then talk to the DA before you appear in front of the judge. You can often make a deal for a non-moving violation but it will likely cost you as much or even more. They want money more than they want to give you points, especially if you have a clean license. That the speed limit increases to 65 ahead is a good excuse when you claim you thought it already had increased and lets them play along. Even if he won't deal, it doesn't hurt and you can take a driving safety course for point reduction.
MrTastyHead
07-25-2009, 12:00 PM
Ha ha, yeah. Got yanked by 181A.
I didn't realize you guys were that close. I take 180A to get to work, by Ridgefield and Pump Road. I get to go the other way though, east from Goochland. I love how the only place cops EVER sit on that section of 64 is on the little service cut-throughs.
Ker_Thwap
07-25-2009, 12:02 PM
How much free time and money do you have to fight it?
You caught the big break that you didn't get your car towed off on the spot incurring towing, parking fees, additional fines, etc. for the expired stuff.
Do you really want to drag the officer that gave you the break into court and have him tell the whole story? The officer already gave you your "nice guy" break. Pay the fine and consider yourself lucky.
Speed like a maniac later in life when you can afford the fines and extra insurance!
Stanley Burrell
07-25-2009, 12:09 PM
Is this worth fighting?
Hmmm...
Since you're AzN, you obviously know all sorts of Kung Fu, so I say go for it, unless your opponent looks even more chinky than you do. I don't know too many highway patrol officers who are also from East Asia, so just keep practicing Martial Arts every day and not bringing shame upon your family and all shall be well with the cosmos, beotch.
Khariz
07-25-2009, 12:34 PM
How much free time and money do you have to fight it?
You caught the big break that you didn't get your car towed off on the spot incurring towing, parking fees, additional fines, etc. for the expired stuff.
Do you really want to drag the officer that gave you the break into court and have him tell the whole story? The officer already gave you your "nice guy" break. Pay the fine and consider yourself lucky.
Speed like a maniac later in life when you can afford the fines and extra insurance!
Edit: Ignore the stupidity of my post below. I forgot his safety tag had lapsed too.
:rofl: where the hell do you live? If this dude got his car impounded for speeding 70 in a 55 (and no other reason), I wouldn't just tell him how to get help, I'd fucking drive to him and help him myself.
No amount of speeding will get your car towed in any jurisdiction I've ever been in, assuming there's nothing wrong with the driver except stupidity, and he didn't harm anyone due to the speed.
70 in a 55 is pansy shit. 120 in a 25? Yeah, okay, maybe that's reckless driving worth having the driver stop driving for the day, but 70 in a 55? I don't know any cop that would arrest a driver for that. That's what different gradients of speeding fines are for...different bands of speed relative to the limit.
If there is a state that routinely tows cars for speeding 15mph over, please let me know which one it is so that I can never go there.
Stretch
07-25-2009, 12:37 PM
I think he was referring to the expired safety inspection tag, not the speeding part.
Khariz
07-25-2009, 12:38 PM
I think he was referring to the expired safety inspection tag, not the speeding part.
Oh! Whew...I was like WTF! I forgot you said that part too.
MrTastyHead
07-25-2009, 12:47 PM
Just out of curiosity, your late dinner wasn't at Dave & Busters, was it?
The Ponzzz
07-25-2009, 12:50 PM
Me, personally, I'd hire a ticket doctor lawyer and get it reduced. The $99 the lawyer usually costs, they get it dropped a noisy muffler, no points, but the fine remains the same, if not higher.
Tisket
07-25-2009, 12:56 PM
If your insurance premiums are likely to rise as a result of conviction, fight it. Duh.
Donquix
07-25-2009, 01:03 PM
Not sure what the laws are like there, but here you have the option of contesting the citation in writing.
Traffic citations are fundraisers for the government, and have nothing to do with public safety. They want to make it as easy as possible for you to pay the citation, for for them to collect the money without hassle.
Any reasonable excuse, contest via writing (to save yourself the bother of driving to the courthouse) and you can get it dismissed.
Always ask how the officer determined your speed by the way. If they say radar, ask to see the radar gun. If they can't show you the speed on the radar gun, ask them to note that on the ticket. Auto dismissal.
Drisco
07-25-2009, 01:31 PM
If you are worried about points, you can always take a defensive driving course and I believe that gives you like 2 points back. It also might reduce the insurance also, I believe it's only like a 1-2 day course.
radamanthys
07-25-2009, 02:24 PM
Me, personally, I'd hire a ticket doctor lawyer and get it reduced. The $99 the lawyer usually costs, they get it dropped a noisy muffler, no points, but the fine remains the same, if not higher.
This this this. I paid 125 for a lawyer and 125 for "non-moving non-point violation". The increase in premium would be far more, long run.
I just hire a traffic lawyer whenever I get a ticket. Usually I still have to pay fines, but sometimes they get me completely off, and I've never been convicted. The real concern isn't the fine but the insurance bump from getting a guilty verdict on a ticket. The insurance increase hurts way more than any one time fine.
LMingrone
07-25-2009, 03:39 PM
Just show up at court. There's a small chance that the cop won't show up. But, they do get paid to be there (the friends I have that are cops love to go to speeding hearings).
The only chance to get the speed knocked down is on site, when the cop pulled you over. I had a 95 in a 65 knocked down to 75 by just kissing the cop's ass. A Lawyer is an option. But any smart person should be able handle themselves...although all three sides are hand-in-hand and usually just having a lawyer, even if they do nothing, will get you a little better decision.
/My mom was the first person to beat a Laser speed-check in CT in court. ^ Advice I gave her.
/edit: make sure you subpoena the latest test on the gun the cop caught you with. I've seen that work MANY times in getting out of tickets.
diethx
07-25-2009, 03:54 PM
The only chance to get the speed knocked down is on site, when the cop pulled you over.
That's not true. I've had an 86 in 55 knocked down to a 65 in 55 via letter-writing long after the fact. Just paid twice the original fine.
Danical
07-25-2009, 04:10 PM
Cops in our county get paid overtime for showing up in court so it's more than likely he'll show up.
TheEschaton
07-25-2009, 04:24 PM
I don't know how it is in VA, but in NY you can (provided you haven't taken advantage of one in the past 18 months) turn a speeding ticket with points into a parking ticket with a fine by attending a 4 hour course on a saturday on safe driving which you also have to pay for.
The state just wants your cash, man.
Plus, in MA and NY, no one would ever get pulled over for doing 70 in a 55, lol.
War Angel
07-25-2009, 04:26 PM
Oh, if you plead not guilty, on the back of your ticket, please don't mark "request a supporting deposition from issuing officer" because this really pisses the officer off, leaving a smaller chance of a reduced sentence.
Here in NY, state police cannot plea down tickets, but locals can.
I don't know the facts surrounding your ticket, or what state you are from, but I took the advice from a police officer in a neighboring town, marked "not guilty" on the back, spoke with the officer before the court date, and I am 3 months into my 6 probabtionary period. I did not nor will I pay a court fine, I will not have anything on my abstract, my insurance company will not be raising my rates and all I have to do is follow the rules of the road.
Hulkein
07-25-2009, 04:43 PM
I guess by fight I meant go to court and see if I could get it knocked down to 5 over instead of 15 over, since I'm still not really clear whether the speed limit was 55 or 65.
I didn't argue when I got pulled over because I wasn't positive, but I'm going to check it out that stretch of road later today. It's only 1 point (1-9 instead of 10-19 over limit).
It's worth going into court and telling the officer/judge that. I give you about a 95% probability that they will take away the points and probably lower the fine as well. Just be nice and explain that while you were speeding you were also mistaken and apologize, etc etc. Don't bother paying for a lawyer, you can do this yourself.
The only chance to get the speed knocked down is on site, when the cop pulled you over. I had a 95 in a 65 knocked down to 75 by just kissing the cop's ass.
That's not true.
Stretch
07-25-2009, 07:50 PM
Just out of curiosity, your late dinner wasn't at Dave & Busters, was it?
Nah, I was coming back from some steak and sushi place by Shockoe Bottom.
AMUSED1
07-25-2009, 08:07 PM
Also, in some states, if you over-pay the ticket, and don't cash the refund check for the over payment, then the insurance company won't find out about it because it hasn't cleared fully with the police department and insurance companies generally find out about it after everything is fully settled.
Androidpk
07-25-2009, 08:45 PM
Plus, in MA and NY, no one would ever get pulled over for doing 70 in a 55, lol.
I did, in Mass that is.
radamanthys
07-25-2009, 09:34 PM
I don't know how it is in VA, but in NY you can (provided you haven't taken advantage of one in the past 18 months) turn a speeding ticket with points into a parking ticket with a fine by attending a 4 hour course on a saturday on safe driving which you also have to pay for.
The state just wants your cash, man.
Plus, in MA and NY, no one would ever get pulled over for doing 70 in a 55, lol.
One of my two tickets was for exactly that. 70 in a 55. In NY.
*shrug*
Donquix
07-25-2009, 09:46 PM
Just show up at court. There's a small chance that the cop won't show up. But, they do get paid to be there (the friends I have that are cops love to go to speeding hearings).
The only chance to get the speed knocked down is on site, when the cop pulled you over. I had a 95 in a 65 knocked down to 75 by just kissing the cop's ass. A Lawyer is an option. But any smart person should be able handle themselves...although all three sides are hand-in-hand and usually just having a lawyer, even if they do nothing, will get you a little better decision.
/My mom was the first person to beat a Laser speed-check in CT in court. ^ Advice I gave her.
/edit: make sure you subpoena the latest test on the gun the cop caught you with. I've seen that work MANY times in getting out of tickets.
I dunno how it is where you live, but where i am it's almost guranteed the cop will "do you a favor" and knock it down to 10 over.
Anything more is endangerment, and a bigger pain in the ass to collect the money from you on. And the cop would probably have to show up to court for that one.
It's a fundraiser, they want a quick and easy cash flow.
AMUSED1
07-25-2009, 10:14 PM
Damn, here you have to be going at least 20 over for it to be considered "wreckless" driving.
4a6c1
07-25-2009, 10:49 PM
True Story.
One and only time I showed up for Juror it was for some dumbass who was going 80 in a residential school zone (20). He was all like I DIDNT SEE THE SIGN.
I dont know why they picked me. I was dressed like a uberprep and listed my job as 'witness of the earth'.
Anyway, the only funny part here is that the other jurors actually wanted to discuss whether he was guilty or not. I was all like "HE HAS RAM AIR, NOZ AND CHASER LIGHTS...GUILTY THE END."
So the guy got a suspension on his license and car towed for illegal toys, plus lawyer fees and guilty verdict.
I hate fast cars.
Tisket
07-25-2009, 11:06 PM
Damn, here you have to be going at least 20 over for it to be considered "wreckless" driving.
IT'S "RECKLESS". JESUS FUCK. ARGH.
Androidpk
07-25-2009, 11:08 PM
My insurance company gives me rewards for my wreckless driving.
4a6c1
07-25-2009, 11:15 PM
Oh I forgot.
http://pictures.funnyjunksite.com/wp-content/uploads/2007/12/funny-car-pictures-26.jpg
Obviously you are doing it wrong. Buy a cow.
True Story.
One and only time I showed up for Juror it was for some dumbass who was going 80 in a residential school zone (20). He was all like I DIDNT SEE THE SIGN.
I dont know why they picked me. I was dressed like a uberprep and listed my job as 'witness of the earth'.
Anyway, the only funny part here is that the other jurors actually wanted to discuss whether he was guilty or not. I was all like "HE HAS RAM AIR, NOZ AND CHASER LIGHTS...GUILTY THE END."
So the guy got a suspension on his license and car towed for illegal toys, plus lawyer fees and guilty verdict.
I hate fast cars.
You suck and are a terrible person. The end.
Bhuryn
07-26-2009, 01:31 AM
I never get selected for jury duty =/. Never even been called.
AMUSED1
07-26-2009, 01:35 AM
IT'S "RECKLESS". JESUS FUCK. ARGH.
lol, oops!
The Ponzzz
07-26-2009, 01:54 AM
Tisket angry, Tisket smash! She will WRECK YOU INTO A RECK!
Suck it up and take that ticket like a man.
4a6c1
07-26-2009, 07:51 AM
You suck and are a terrible person. The end.
Haha.
It is beyond giggle worthy that GROWN men in this country think they look OH SO HOT speeding around in substandard japanese tonka cars with kits that scream !punchmyface/rapemyass! because of a really bad B movie.
BUT OMG JIHNAZ I HEART FAST AND FURIOUZ!1
:whipit:
That is all.
Hulkein
07-26-2009, 02:32 PM
Suck it up and take that ticket like a man.
If you can get no points and less of a fine then it'd be stupid to take it like a man.
Sean of the Thread
07-27-2009, 01:40 PM
Take that stupid driving course/school and have the points drop. Big deal.
LMingrone
07-27-2009, 01:48 PM
Yeah, I was wrong on it being "the only way" to get it knocked down. It has always worked for me though. I can't count the amount of times I've been pulled over. I have one speeding ticket and a $5 parking ticket. Some of those times I should have been arrested, but just kissing the cops ass always worked.
I say just take the lesser cost/time instead of fighting it. Or hope the cop doesn't show up. But like was said before, they get paid to be there. So they more than often show up.
The Ponzzz
07-27-2009, 05:06 PM
Man... I don't understand why you guys would suck it up and then just take the course. The lawyer is totally worth it. Save that course for something a lawyer can't help with.
Stretch
09-01-2009, 11:46 PM
Bumpski.
Charges got dropped. lulz.
diethx
09-01-2009, 11:51 PM
Haha nice, cop not show up?
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