neeeddddd hellllppppppp
04-26-2006, 07:44 PM
#1
Senior Member
Thread Starter
Join Date: Oct 2005
Posts: 149
Helppp.....ticket War!!!!!!!
Does anyone know of things that can get a speeding ticket thrown out or reduced. This happened in HALL COUNTY and was doing 74 in a 45. need to k now reason that can get rid of this ticket there were some things that i though might get it reduced. It was night time and i turned onto friendship rd, which had no posted speed limit, it was on a downhill slope and the office was sitting about 100 yards right after the county change. also the officer was sitting in the turning lane of a neighborhood and was not visible, i dont know if that could have anything to do with safety because someone turning into the neighborhood might not have seen him. i would figure that when entering a new county they would have a speed limit posted, guys have any suggestions.
04-27-2006, 12:40 AM
#7
forget it... same thing happend to me but i wasnt speeding i still had to pay for it.. i was doing 35 in 30.. and it was downhill road so i let of the accelerator pedal and my car started to speed up to 45.. i shouldve pressed the brake but by the time i do it i see cop and he gave me ticket. jus pay for it so next time you know it to slow down when your car is going downhill.
04-27-2006, 03:31 AM
#8
Originally Posted by tedo007
forget it... same thing happend to me but i wasnt speeding i still had to pay for it.. i was doing 35 in 30.. and it was downhill road so i let of the accelerator pedal and my car started to speed up to 45.. i shouldve pressed the brake but by the time i do it i see cop and he gave me ticket. jus pay for it so next time you know it to slow down when your car is going downhill.
04-27-2006, 03:34 AM
#9
Originally Posted by cleanmax
Does anyone know of things that can get a speeding ticket thrown out or reduced. This happened in HALL COUNTY and was doing 74 in a 45. need to k now reason that can get rid of this ticket there were some things that i though might get it reduced. It was night time and i turned onto friendship rd, which had no posted speed limit, it was on a downhill slope and the office was sitting about 100 yards right after the county change. also the officer was sitting in the turning lane of a neighborhood and was not visible, i dont know if that could have anything to do with safety because someone turning into the neighborhood might not have seen him. i would figure that when entering a new county they would have a speed limit posted, guys have any suggestions.
75 in a 45 
04-27-2006, 03:56 AM
#11
Originally Posted by cleanmax
Does anyone know of things that can get a speeding ticket thrown out or reduced. This happened in HALL COUNTY and was doing 74 in a 45. need to k now reason that can get rid of this ticket there were some things that i though might get it reduced. It was night time and i turned onto friendship rd, which had no posted speed limit, it was on a downhill slope and the office was sitting about 100 yards right after the county change. also the officer was sitting in the turning lane of a neighborhood and was not visible, i dont know if that could have anything to do with safety because someone turning into the neighborhood might not have seen him. i would figure that when entering a new county they would have a speed limit posted, guys have any suggestions.
04-27-2006, 05:06 AM
#13
Unfortunately most times when the speed limit is not posted, it is assumed the limit is 25. That varies by state and municipality so I can't speak for yours.
I'm guessing, since it says your age is 19, you are most worried about your insurance going up. The only thing I can say is you might request a hearing and try and talk to the prosecutor. Plea bargain down to a loud radio or something immediately before your hearing.
Often, you will pay the same fine, but it will not effect your insurance rates cause loud stereo fines don't add points to your license.
I'm guessing, since it says your age is 19, you are most worried about your insurance going up. The only thing I can say is you might request a hearing and try and talk to the prosecutor. Plea bargain down to a loud radio or something immediately before your hearing.
Often, you will pay the same fine, but it will not effect your insurance rates cause loud stereo fines don't add points to your license.
04-27-2006, 05:40 AM
#16
Originally Posted by cleanmax
i would figure that when entering a new county they would have a speed limit posted
Just pay up, take responsibility for what you did. That's what I did when I got a ticket for 20 over - and I learned my lesson and don't speed as much anymore. If you really want to try to fight it, get a lawyer, but I can't guarantee that will save you any money in the long run.
Also, double-posting in multiple forums
04-27-2006, 05:59 AM
#17
Nations 1st 6th Gen Turbo
iTrader: (15)
Join Date: May 2005
Location: Displaced New Yorker in Southern, MD
Posts: 10,202
Throw yourself on the mercy of the court, being stupid is not a defense...
On a flip note, tell the judge the truth, explain you made a mistake and did not realize you where going so fast, request a driver safety course in lieu of a fine. What you don't want to do is tap dance and try and feed the court bullsh!t. Show the court your a man, willing to take responsibility and you don't want this to mess up your current perfect (???) driving record. Oh and slow the fu%ck down, you have a long way to go in life, this is a poor start...
On a flip note, tell the judge the truth, explain you made a mistake and did not realize you where going so fast, request a driver safety course in lieu of a fine. What you don't want to do is tap dance and try and feed the court bullsh!t. Show the court your a man, willing to take responsibility and you don't want this to mess up your current perfect (???) driving record. Oh and slow the fu%ck down, you have a long way to go in life, this is a poor start...
04-27-2006, 07:37 AM
#18
Senior Member
Thread Starter
Join Date: Oct 2005
Posts: 149
Well i got out of it i only have to pay 326$ take the class and 20 hrs community service. I show you guys what i used to get off that easy because first they wanted to suspend it but then i brought this up and the officer could not prove it wronge because he didnt know what i was tlaking about and the judge saw that the officer was not as qualified as he should have been and let me off with a slap on the wrist. "In court --
Should you decide to contest a speeding citation, you have to go to court. If the officer does not show up, you win by default. If the officer does show up, have your defense ready.
One defense tactic that sometimes works is to obtain as many delays in your court appearance as possible. The more time that passes between the day you were issued a citation and the day the officer actually has to show up for court, the fainter his memory of the traffic stop. Since many officers issue hundreds of citations in a single month, there is a good possibility he will not remember your stop at all.
The court will give greater credence to the officer in a simple contest of he says you were speeding and you say you were not. You will lose.
You can and should question the radar operator on the traffic and weather conditions at the time the stop was made. Ask about terrain, bushes, trees, obscured speed limit signs, other vehicles, pedestrians and bicycles that were in the area. If there were any overhead wires and it was windy, it is possible the radar gun picked up the movement of the overhead wires whipping in the wind. Ask about businesses in the area that may have burglar alarms with microwave motion sensors. This could affect the reliability of the radar reading.
Make the officer dig deep in his memory for details. This is your opportunity to put him on the defensive and go fishing for information just like he did to you on the side of the road.
Some operators have just enough knowledge of traffic radar to impress the unknowing with their direct testimony. Call the bluff. Have all your background materials at hand and be thoroughly familiar with them. Be ready to cross-examine the officer on qualifications and procedures to the tiniest detail. A collection of small errors in procedure can add up to a very impressive list and make the radar readings questionable. The police have very specific procedures that must be followed when running radar. These procedures should be contained in standard operating instructions maintained by the department. Copies of operating manuals should also be on file with the department for every make and model of radar in use. Most of the standard operating instructions state the police officer must satisfy certain criteria before issuing a citation based on a radar reading. The first item is certification as a radar operator by the state. The officer should be able to produce a certificate indicating he completed a radar operator’s course. Some states also require refresher training at specific intervals.
The second item is the testing and calibration of the radar unit. When was it tested, who tested it and what was the procedure? Did the procedure exactly match the one in the manufacturer’s manual? Does the officer know the correct procedure? Were the correct tuning forks used? Check to make sure the tuning forks used were the ones issued with the radar gun by obtaining the serial numbers from the tuning forks and the serial number from the radar unit. Then contact the radar manufacturer to determine if these are the right tuning forks for that particular radar unit.
Did the officer make a visual speed estimate? Was the targeted vehicle out front and by itself? Was it well separated from any other vehicles? Was there an audio doppler tone consistent with the speed displayed and his visual estimate? For judicial notes on these requirements, see Honeycutt v. Commonwealth.
An easy way to determine if an officer knows his basic radar procedure is to ask, "Did you complete a tracking history checklist before issuing this citation?" If the officer does not even know what it is, he needs to go back to radar school. The tracking history checklist is a standardized method to eliminate most questionable radar readings. The checklist is detailed in the N.H.T.S.A. radar operator’s training manual.
For stationary radar the checklist is:
1. Was a visual speed estimate made of the suspect vehicle?
2. Was the speed reading displayed consistent with the visual estimate?
3. Did the audio doppler tone match the speed reading and visual estimate?
4. Was the suspect vehicle out front and by itself when the speed readings were made?
For moving radar operations, add
5. Did the radar displayed patrol speed match the vehicle’s speedometer reading at the time the suspect vehicle was tracked?
The basic premise is the radar unit is a tool, as smart as a hammer. It cannot testify for itself. Traffic radar is only as good as the operator and the operator must be able to testify as to the accuracy of the readings and the accuracy of the unit at the time the violation was observed.
THE TRACKING HISTORY CHECKLIST IS MOST IMPORTANT. IF THE OFFICER CANNOT RECITE THE CHECKLIST FROM MEMORY, AND CONFIRM THAT HIS TRACK OF YOUR CAR SATISFIED ALL THE REQUIREMENTS, THEN THE CITATION LACKS FOUNDATION AND SHOULD BE DISMISSED. "
Should you decide to contest a speeding citation, you have to go to court. If the officer does not show up, you win by default. If the officer does show up, have your defense ready.
One defense tactic that sometimes works is to obtain as many delays in your court appearance as possible. The more time that passes between the day you were issued a citation and the day the officer actually has to show up for court, the fainter his memory of the traffic stop. Since many officers issue hundreds of citations in a single month, there is a good possibility he will not remember your stop at all.
The court will give greater credence to the officer in a simple contest of he says you were speeding and you say you were not. You will lose.
You can and should question the radar operator on the traffic and weather conditions at the time the stop was made. Ask about terrain, bushes, trees, obscured speed limit signs, other vehicles, pedestrians and bicycles that were in the area. If there were any overhead wires and it was windy, it is possible the radar gun picked up the movement of the overhead wires whipping in the wind. Ask about businesses in the area that may have burglar alarms with microwave motion sensors. This could affect the reliability of the radar reading.
Make the officer dig deep in his memory for details. This is your opportunity to put him on the defensive and go fishing for information just like he did to you on the side of the road.
Some operators have just enough knowledge of traffic radar to impress the unknowing with their direct testimony. Call the bluff. Have all your background materials at hand and be thoroughly familiar with them. Be ready to cross-examine the officer on qualifications and procedures to the tiniest detail. A collection of small errors in procedure can add up to a very impressive list and make the radar readings questionable. The police have very specific procedures that must be followed when running radar. These procedures should be contained in standard operating instructions maintained by the department. Copies of operating manuals should also be on file with the department for every make and model of radar in use. Most of the standard operating instructions state the police officer must satisfy certain criteria before issuing a citation based on a radar reading. The first item is certification as a radar operator by the state. The officer should be able to produce a certificate indicating he completed a radar operator’s course. Some states also require refresher training at specific intervals.
The second item is the testing and calibration of the radar unit. When was it tested, who tested it and what was the procedure? Did the procedure exactly match the one in the manufacturer’s manual? Does the officer know the correct procedure? Were the correct tuning forks used? Check to make sure the tuning forks used were the ones issued with the radar gun by obtaining the serial numbers from the tuning forks and the serial number from the radar unit. Then contact the radar manufacturer to determine if these are the right tuning forks for that particular radar unit.
Did the officer make a visual speed estimate? Was the targeted vehicle out front and by itself? Was it well separated from any other vehicles? Was there an audio doppler tone consistent with the speed displayed and his visual estimate? For judicial notes on these requirements, see Honeycutt v. Commonwealth.
An easy way to determine if an officer knows his basic radar procedure is to ask, "Did you complete a tracking history checklist before issuing this citation?" If the officer does not even know what it is, he needs to go back to radar school. The tracking history checklist is a standardized method to eliminate most questionable radar readings. The checklist is detailed in the N.H.T.S.A. radar operator’s training manual.
For stationary radar the checklist is:
1. Was a visual speed estimate made of the suspect vehicle?
2. Was the speed reading displayed consistent with the visual estimate?
3. Did the audio doppler tone match the speed reading and visual estimate?
4. Was the suspect vehicle out front and by itself when the speed readings were made?
For moving radar operations, add
5. Did the radar displayed patrol speed match the vehicle’s speedometer reading at the time the suspect vehicle was tracked?
The basic premise is the radar unit is a tool, as smart as a hammer. It cannot testify for itself. Traffic radar is only as good as the operator and the operator must be able to testify as to the accuracy of the readings and the accuracy of the unit at the time the violation was observed.
THE TRACKING HISTORY CHECKLIST IS MOST IMPORTANT. IF THE OFFICER CANNOT RECITE THE CHECKLIST FROM MEMORY, AND CONFIRM THAT HIS TRACK OF YOUR CAR SATISFIED ALL THE REQUIREMENTS, THEN THE CITATION LACKS FOUNDATION AND SHOULD BE DISMISSED. "
04-27-2006, 08:52 AM
#19
Senior Member
Join Date: Jan 2006
Posts: 368
Am I the only one that thinks it's wrong for the court to lower his charges? I just don't understand how you can go about this as if the cops reading was innacurate or that you could "defend" such a ticket. You were 30mph over, and it wasn't even a highway, you deserve the charges. Learn from it, feel lucky that you got the amount lowered, and don't be a moron from now on.
04-27-2006, 10:34 AM
#20
Member
Join Date: Apr 2006
Posts: 42
Originally Posted by JaKillz2
Am I the only one that thinks it's wrong for the court to lower his charges? I just don't understand how you can go about this as if the cops reading was innacurate or that you could "defend" such a ticket. You were 30mph over, and it wasn't even a highway, you deserve the charges. Learn from it, feel lucky that you got the amount lowered, and don't be a moron from now on.
I completely agree- You act as if you did nothing wrong by going 74 mph off the highway. That is not a tolerable local speed by any means in any state. You should have just paid your offense off and dealt with it like an adult instead of trying to scam the judicial process through their own loophole. You should actually probably be ashamed of yourself. And yes, you should consider yourself lucky- many others have gotten much worse penalties for traveling much slower than you.
You should also realize now that your car (and any other maxima, especially ones with upgrades) is targeted by police. And the fact that you are so young will not help you either. A car with upgrades does not allow you or mean that you should travel at ridiculous speeds on local roads just for kicks- if anything, it should mean you should drive even slower to avoid getting another ticket. Smarten up before you lose your license.
04-27-2006, 11:46 AM
#21
Excellent information in this post regarding questioning the radar, however if a child was killed by you doing 70+ in a 45 you would probably regret the speed. Technically 20mph over they can take you to jail and I believe you would be charged with a felony and/or wreckless endangerment. Unposted speed doesn't mean you are in Germany on the autobahn.
04-27-2006, 12:19 PM
#22
Sorry bro, nothing you can do, if he clocked you, then you cant fight the speeding ticket....im guessing the best thing you can do is pay for the fine but in payments.
Tell them you are a student and you dont have a lot of money and they will break it down for you monthly.
Good luck!
Tell them you are a student and you dont have a lot of money and they will break it down for you monthly.
Good luck!
04-27-2006, 01:05 PM
#23
Learn quick. I built a 12second mustang when I was 17 and had 3 speeding tickets within 6 months. In Ohio, they're not lenient on tickets at all if you're under 18, and I didn't learn, so i spent the rest of high school WALKING. Didn't get my license back for 20 months. It CAN and WILL happen to you if you decide you can outsmart the law every time. I thought I could. I was wrong. Fought it every time, and lost. Mine weren't even as fast as yours. 45 in a 35, 54 in a 35(both country roads) and 81 in a 65(freeway). Learn now save yourself the headache and the humiliation of saying "I'm 19 and don't have a license" , Find a race track, get your kicks there, it's safer in every way. and if for no other reason, insurance is expensive enough as it is. don't make it easier for them to rob you.
04-27-2006, 04:07 PM
#24
Ticket? What's everybody talking about a ticket for? All I see is a dirty wheel.
edit: ha, didn't even realize your name was cleanmax
And for those still saying that he wouldn't win, he already won in court (I guess that's a subjective term considering the circumstances...). He still have to pay over $300, take the driver retraining course, and do 20 hours of community service. That's still a pretty hefty fine.
What exactly did you do? I assume you copied and pasted those fighting points in your previous post from somewhere else, so what worked for you?
edit: ha, didn't even realize your name was cleanmax
And for those still saying that he wouldn't win, he already won in court (I guess that's a subjective term considering the circumstances...). He still have to pay over $300, take the driver retraining course, and do 20 hours of community service. That's still a pretty hefty fine.
What exactly did you do? I assume you copied and pasted those fighting points in your previous post from somewhere else, so what worked for you?
04-27-2006, 08:50 PM
#27
Senior Member
Thread Starter
Join Date: Oct 2005
Posts: 149
Originally Posted by BigLou93SE
Ticket? What's everybody talking about a ticket for? All I see is a dirty wheel.
edit: ha, didn't even realize your name was cleanmax
And for those still saying that he wouldn't win, he already won in court (I guess that's a subjective term considering the circumstances...). He still have to pay over $300, take the driver retraining course, and do 20 hours of community service. That's still a pretty hefty fine.
What exactly did you do? I assume you copied and pasted those fighting points in your previous post from somewhere else, so what worked for you?
edit: ha, didn't even realize your name was cleanmax
And for those still saying that he wouldn't win, he already won in court (I guess that's a subjective term considering the circumstances...). He still have to pay over $300, take the driver retraining course, and do 20 hours of community service. That's still a pretty hefty fine.
What exactly did you do? I assume you copied and pasted those fighting points in your previous post from somewhere else, so what worked for you?
05-03-2006, 09:50 AM
#34
Back in my younger days i used to speed around everytime i got behind the wheel..Well after 4 or 5 tickets and a suspended licence later..I learned that if you want to drive like that,it needs to be at the track...
Learn from this,or you WILL regret it...
Learn from this,or you WILL regret it...