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Discussion Starter · #1 ·
Well, it happened...my small town cops got me right where the speed limit changes from 35 to 45, where everybody else gets pulled. i passed him right at the sign(should i bring this up in court or just leave it be)he came up to my car asked the usual "do ya know how fast you were goin" i said "probably about 45-50" then he says i was doin 60, i'm pretty sure i was only doin 55 at most...so i dunno what to do, the ticket has a court date on it but no fine price. also this is my first ticket...does anyone have any suggestions as for what to do...

In advance i know i was doing wrong even though i was only going 5-10 mph(he says 15) over(the sign change from 35 to 45 where i passed him but hs says it was still 35) it is still speeding...so nobody flame please i feel really sick right now and i don't need to feel any worse...

thanks for any suggestions in advance...

-Jon-

EDIT: I meant to add that i'm only 16 to boot and i've had my liscence almost 1 year, also my friend got a reckless driving ticket(first ofence also) and some kind of endangerment ticket for mudding in his suv the points for your liscence for reckless driving is 1 or 2 more here in nc and he got his total points reduced to 2 i think...so should i be worried about gettin my points dropped?
 

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1)ticket w/o fine price has to be determined by the judge, but first of all...did the cop used a laser/radar? it has to be indicated on the ticket and the distance where he flashed you(500ft, 1000 ft, etc), if he did not use a radar/laser, just asked the D.A or whoever you'll be talking to in the court to drop the ticket because estimated speed can not be used against you in court. from what you described, he probably estimated your speed. in theory, you are allowed to go over the speed limit by 10% +5m.p.h...

2) you have to go to the court if there is a date for you to show up, you will not just be able to fight it just yet, you will be offered a "plea bargaining" by the D.A, he will tell you that if you plead guilty, your fine will be reduced to such and such, if you accpet it, pay the fine and is end of story. Is prbably not that much since you only went over about 10m.p.h, under $100 i would say. i got fined $89 for going 80 on a 55m.p.h zone, my original fine is $220 and 4 points, so maybe you should consider that since is the easy way out.

3) if you decide not to plea guilty, the court will set up another date(a long wait, about 1 month or so) for you to confront the officer who flashed you down, if he did not show up, you win, but chance of that is slim(they got paid overtime for going to court)..so be prepared. you'll probably lose the case anyway since is his word against yours, guess who the judge will trust. your only way out would be that he estimated your speed. if you lose, you'll have to pay the fine in full.

so i would say it not worth to go thru all that trouble just to fight for it, just go to the court and see what you can get out of it. good luck.

p.s. correct me if i'm wrong, everone.thanks
have a rice day.
 

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well, if you passed him right when he was at the sign, then you weren't in the 45mph zone yet, so you're pretty much screwed there. now i don't know how it is in NC, but here in maryland if you go to court and it's your first offense, you'd get off with probation (assuming of course that the offense wasn't too bad). BUT, you're only 16 and you got clocked at 25mph over the limit. if you show up to court, you may get some leniency, but i wouldn't expect it. sorry, and SLOW DOWN!
 

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z317 on Sep/07/02 said:
1)ticket w/o fine price has to be determined by the judge, but first of all...did the cop used a laser/radar? it has to be indicated on the ticket and the distance where he flashed you(500ft, 1000 ft, etc), if he did not use a radar/laser, just asked the D.A or whoever you'll be talking to in the court to drop the ticket because estimated speed can not be used against you in court. from what you described, he probably estimated your speed. in theory, you are allowed to go over the speed limit by 10% +5m.p.h...

2) you have to go to the court if there is a date for you to show up, you will not just be able to fight it just yet, you will be offered a "plea bargaining" by the D.A, he will tell you that if you plead guilty, your fine will be reduced to such and such, if you accpet it, pay the fine and is end of story. Is prbably not that much since you only went over about 10m.p.h, under $100 i would say. i got fined $89 for going 80 on a 55m.p.h zone, my original fine is $220 and 4 points, so maybe you should consider that since is the easy way out.

3) if you decide not to plea guilty, the court will set up another date(a long wait, about 1 month or so) for you to confront the officer who flashed you down, if he did not show up, you win, but chance of that is slim(they got paid overtime for going to court)..so be prepared. you'll probably lose the case anyway since is his word against yours, guess who the judge will trust. your only way out would be that he estimated your speed. if you lose, you'll have to pay the fine in full.

so i would say it not worth to go thru all that trouble just to fight for it, just go to the court and see what you can get out of it. good luck.

p.s. correct me if i'm wrong, everone.thanks
have a rice day.
yeah. and if you're offered a plea bargain you should definitely take it cause your insurance will most likely sky rocket if you get those points.
 

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z317 on Sep/07/02 said:
in theory, you are allowed to go over the speed limit by 10% +5m.p.h...
Really? Where is that written? You mean a cop can't pull you over if you are going 3 mph over the speed limit? Truth is, he can pull you over if you are going 1 mph over the limit. It's called a speed LIMIT because that's the fastest you can go. Yes you are correct if you mean that most cops will give you that 5 mph cushion, but if he wants to be a dick, then tough snickerdoodles for you.

That would be like me saying I could take, in theory take 5% of the banks money if I was robbing it. Well OK, thats not the best analogy but you get what I mean. A cop can be an ass if he wants.

If it's after the sign, then whatever that sign reads is what the speed limit is. So from what you say, you were in a 45 mph zone.

The best thing to do in court is be honest. But DoN'T plead guilty. Just say you didn't realize you were going that fast (and you didn't, didn't, didn't...sorry but if I keep saying it, you'll remember, hehe.)

I remember the only time I was in court of tinted windows on my Firebird. There were three cases before me, all speeding. They all got up there and apologized and said it wouldn't happen again. They all got reduced fines as a result.

Meanwhile when I got up there, she didn't reduce sh*t. It was funny, because my grandfather was down there with me (he went with me since I was only 16 at the time, judges like it when they see a parental figure with a kid, it shows they care and they're not running wild with prostitutes and cheap cologne on. ) and he stayed after me and when all the cases were done he went up and started talking to the judge. He asked her if she thought that driving with tinted windows was more dangerous than going 80 in a 55 (which was one of the cases) She got so pissed off at him, it was a good time had by all...lol.

Good luck by the way.
 

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Discussion Starter · #6 ·
In reply to z317:
1)I don't see anywhere where it has a spot for radar/laser and distance so would that mean he didn't use one?
2)is this probably my best option?
3)yeah i figured i'd lose so i guess i'll try 1 or 2

Justin thanks for your input...almost everytime i read one of your replies to a post i can't agree more. You seem to have a pretty good stance on everything...props to justin


alright thanks for the input guys...i think i'm gonna go talk to a lawyer monday...i'll let ya'll know how it turns out..
-Jon-
 

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yea if he estimated your speed then you got some chance winning when you go to court. Find that out first. If not take the plea bargain. Its less hassel. I heard many stories cause my teacher's bro which i live in cali, hes a police officer. He said hes brother goes to court all the time. Still, if you go 50mph in a 45mph IT MEANS YOU PAST THE SPEED LIMIT. But in reality cops wouldnt really stop you for going 5mph over the speed limit but you can bet if there a asshole they can even bust you for going 3mph over the speed limit. Cause my teacher's bro said that people use those excuses all the time saying "But your honor i was only going 8 mph over the speed limit" you just screws your self rite there cause you admited going over the speed limit. So you will LOSE the battle. My teacher's bro said you can even get pulled over even if your going 60 on the freeway if everyone else was going 10-30mph. The cop can say that he felt that you were going too fast and felt that it was dangerous at that time for you going that fast. So take the bargain man.
 

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Yup, not matter what speed you're going, a cop can always write a ticket for "too fast for conditions." Remember, the speed limit is what the limit is for perfect conditions. (i.e. dry, good visibility, and daytime.) If you're going 55 in a 55 at night, and the cop is in a bad mood, he can write you a ticket for 'too fast for conditions.' Of course, this most likely won't happen unless you took his daughter's virginity or something...(Sorry Officer Smith...j/k
)
 

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Quote: Justin Klemgold on Sep/07/02 If it's after the sign, then whatever that sign reads is what the speed limit is. So from what you say, you were in a 45 mph zone. [/QUOTE] but he said he passed the cop right at the sign. so therefore, the cop must've clocked him while he was in the 35mph zone. well, actually neither one of us know. he didn't say which way the cop was facing
 

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1)i haven't seen the ticket format of every states yet. i will assume there is a section where he has to input a comment, it should say "laser(or radar) used, and the distance is such ans such...." or it could be a checkoff section where is says "equipment used", check the ticket carefully to look for these inputs. if you didn't see any, that a big + for you.

2)plea bargaining is probably the best option, but try to tell the DA that the cop didn't use a laser/radar, then see whta he tells you, you can decide to plea or not after you talk to him. Try to get him to drop the ticket if you are so sure that the cop didn't flash you at all.

Justin, i said a THEORY, i didn't say anything about that being a statement, so just chill and enjoy the weather.
Z.
 

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z317 on Sep/07/02 said:
1)i haven't seen the ticket format of every states yet. i will assume there is a section where he has to input a comment, it should say "laser(or radar) used, and the distance is such ans such...." or it could be a checkoff section where is says "equipment used", check the ticket carefully to look for these inputs. if you didn't see any, that a big + for you.
maryland doesn't have a spot for them to specify which. for what it's worth, they come up and say "i clocked you on radar at such and such speed in a such and such zone"

for all i know, they could've just estimated.
 

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daNattyFatty on Sep/07/02 said:
maryland doesn't have a spot for them to specify which. for what it's worth, they come up and say "i clocked you on radar at such and such speed in a such and such zone"

for all i know, they could've just estimated.
cool, i'll remember that when i swing by MD next time.
 

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Actually Justin, I think Z is right, We have a state cop who we talk to every now and then. And he told us he was told he can only give speeding tickets if there going 5mph+ over the speed limit. He said its because Speedometers and radars are only so accurate, and the persons speedomete might have read 3mph slower then the radar.
 

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Discussion Starter · #18 ·
while i was thoroughly readint my ticket last night i remembered that the cop never had me sign it....was i supposed to sign it? if so can i use this in my defense for anything?
thanks
-Jon-
 

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In michigan (i think) when you can see a speed limit sign, that's what the speed limit is, not when you're past it. Unless of course the speed limit is going down, which gives you enough time until you pass it to slow down to an acceptable speed.
 

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you guys do realize that you can ask to see the radar and then ask the cop to calibrate it. as for the 5mph over thing, it really depends on the state. in georgia, technically the cop cannot pull you over for doing less than 9 over unless it is in a controlled zone, ie school zone, work zone, residential community, but that is only for local cops, state patrol can write tix for 1 over, but you only get fined if its more than 5. as for the speed limit sign, there is no "courtesy area" for slowing down, the speed limit starts at the sign. another consideration is the vascar or timing system. in this system they basically time your car from one fixed point to another, allowing them to accurately calculate your speed, ga state patrol does this frequently, so if youre speeding on the highways, might as well take down that expensive radar detector cause the cops just going to snicker at it.

my best advice (being a cop), just dont speed, or if you are going to speed, dont be the fastest person on the highway.

good luck in your case, and just dont be an asshole to the judge, and dont say you didnt know how fast you were going, ignorance is bliss but its not a valid arguement in court.
 
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