SPEEDING TICKET! How to fight this scenario...

[marcus]

ok i know speeding is frowned upon..but here me out..

i got tached on going 88kph on a 60 zone..and heres what happen

coming from a highway which has a 100kph to 80kph then turns into a 60 zone..i am pretty sure this copper tach me while im still on a 80 zone coz i konw for a fact that i was atleast doing 70 when i hit that 60 zone..this stupid copper was waiting on the border between 80 and 60 zone line..pisses me off due to the fact that i dont even do 75 on a 60..and also clean record since i had my yaris for 3 years..now im bring this to court just dont know if i can plead not guilty and how to prove it and im in CANADA ontario by the way

[YAR1S]

:( you may not win.

My bf was clocked doing 65 in a 45 in the countryside and when we back tracked there was no single posted speed limit sign along the entire stretch from our campsite to where we got pulled.


the law sucks sometimes, you may have to eat it :(

[why?]

go back to where you were tagged and take pictures, lots of pictures. especially of where the speed signs are and where you think you were clocked. If it is really that close, that evidence could get you some leeway.

[YarisSedan]

Reality is its extremly hard to prove. You are better off just going to traffic school and pay the fine to have it stay off your record. If you go to court usually you end up waiving your right to go to traffic school.

[marcus]

we dont have traffic school here in canada.. thats only in usa.. but i was thinking of going back and take pictures.may need someone with me though..

[JumpmanYaris]

Just pay the ticket you will never win

[marcus]

how many points and how much $? if its 150$ and 2 points there is no point in wasting your time in court, you won't win it. You would need to make sure to create a doubt for the judge and for a 2 pointer its almost impossible.

its not the money its the fact that i been good on not getting a ticket that will affect my insurance..now i need another 3 years for this to clear..well i really hope the copper doesnt show up in court.. i went to court 4 times when i had my celica..only because the car looks to aggresive with the kits and all..

[firebob]

This might help…

Call the department that issued the ticket and get the info for the radar gun (model number and serial number). Also get the upkeep log for the unit. Look up the unit on the net and see if they did all the required upkeep on the unit by the manufacture.

Between my wife and I, we have had 37 speeding tickets in 37 states over the last 8 years. Not one time has the required upkeep been done to the radar unites. The manufacture also states that if it’s not done then they are no longer accurate so it will not hold up in court.

It’s also illegally in the US for them to take my picture at a red light with out my consent before hand so this also gets tossed out of court if you fight it.

[Yaris Hilton]

It’s also illegally in the US for them to take my picture at a red light with out my consent before hand so this also gets tossed out of court if you fight it.

I don't believe that's generally true, though there might be statutes against it in some localities. If so, I wouldn't expect to see cameras there. Got a legal reference for the above statement?

[dean_park]

We have e-traffic lawyers in MO. I got a ticket for going 78 in a 60 (stupid move.. was actually following a minivan and the cop got us both. I really don't think I was going 78).

Anyway, I went to a website, typed in my ticket info... they went to court for me and they pled it to something else. The ticket was originally $165 for speeding. I paid $80 for the lawyer and the ticket was $165 for "illegal muffler". Big thing was it was not a moving violation... no points, no insurance hit.

After that, I tried to convince my wife that my stock exhaust was illegal, so I needed to buy an aftermarket... I didn't win that case.

[sqcomp]

Here's a tip...

Use your cruise control and don't speed.

I'm a material expert for the flippin' obvious. For people recieving 37 violations in the last three years...man, you're good. I don't even try to be that much of a living violation in my dreams.

Perhaps I'm a little cranky from my last convoy mission. Having to negotiate traffic going the wrong way in my lane several times. These friggin Iraqi drivers are completely nuts. They assume they'll win in a sedan versus a Caiman MRAP. WRONG idea.

It is this man's opinion that if you peeps spent even half the time you use figuring out how to get out of the ticket on driving correctly, you'll never get a ticket again.

[firebob]

I don't believe that's generally true, though there might be statutes against it in some localities. If so, I wouldn't expect to see cameras there. Got a legal reference for the above statement?

Net time I’m on the phone with my lawyer I’ll find out what they are. I never asked him what the cases were but he told me it was biased off 3 court cases from 2005 and 2006.

[Greenthunder]

Man up and pay the ticket, you said that you were clocked at 88kmph so even if you were in the 80 limit you were still speeding. Also nice post sqcomp

[dean_park]

Here's a tip...

Use your cruise control and don't speed.


Perhaps I'm a little cranky from my last convoy mission. Having to negotiate traffic going the wrong way in my lane several times. These friggin Iraqi drivers are completely nuts. They assume they'll win in a sedan versus a Caiman MRAP. WRONG idea.

It is this man's opinion that if you peeps spent even half the time you use figuring out how to get out of the ticket on driving correctly, you'll never get a ticket again.

People make mistakes... That was the first ticket I've gotten in 13 years. Sun was in my eyes and I was just cruising behind a minivan. Sure, I was guilty of something, but I learned my lesson. I've been a lot more cautious of my speed. As for the cruise control, you really can't use it every minute you drive (heck, I don't even have it in my Yaris...yet).

As for driving in other countries, I've driven in China, Japan, Korea and been in traffic in Malaysia and Vietnam (among others, but these are the worst I've been through). From my experiences, comparing them to the middle east, they are about the same. The drivers there are not crazy, but they are very alert. If you're driving and see someone coming at you, you move out of the way. They don't tend to have the "this is my lane mentality". This of course works for them because everyone buys into it. A person couldn't drive that way in the US (well, many times they do and get into accidents).

[*MAD DOG*]

This might help…

Call the department that issued the ticket and get the info for the radar gun (model number and serial number). Also get the upkeep log for the unit. Look up the unit on the net and see if they did all the required upkeep on the unit by the manufacture.

Between my wife and I, we have had 37 speeding tickets in 37 states over the last 8 years. Not one time has the required upkeep been done to the radar unites. The manufacture also states that if it’s not done then they are no longer accurate so it will not hold up in court.

It’s also illegally in the US for them to take my picture at a red light with out my consent before hand so this also gets tossed out of court if you fight it.

He's right. Ask for a copy of the calibration certificate of the device. They have to prove beyond all reasonable doubt that the unit was functioning correctly + you have a human error element in there too. Fight it.

[*MAD DOG*]

its not the money its the points. not sure how it works in ontario exactly , but here in quebec the points matter more than anything. And in quebec cops don't have to show up to court the prosecutor represents the cops and has their report.As for the calibration of the radar/laser gun the best way to verify this is to ask for the police report as it has to have the procedure used to calibrate the gun before and after the operation. The judge will tell you he/she has no reason to doubt the officer as they are sworn in (thats what they told me when i went for my ticket), the only way to win is to create doubt in the judge about the situation and be able to back it up , this way she/he has no reason to doubt you and no reason to doubt the officer, therefore you can't be charged with anything.

Everyone should have the right to cross question their accuser in court. In this case the copper is the accuser, not the prosecutor. How could you possibly ask the prosecutor where the poilce officer was when he clocked you? He would not know and it would be heresay and inadmissable.

FIGHT FIGHT FIGHT FIGHT

[sqcomp]

The officer is a witness to the "crime"...and yes, if the court is set up for a trial, you will have the chance to ask the police officer where he was located. I'm also very sure you'll get stuffed because he'll tell you exactly where he was, when he hit you with the laser, and when that laser was last calibrated. Also, you don't need to be hit with a laser or radar to be convicted of speeding. Think about when the police officer paces you. Why are you slowing down to the posted speed limit? BECASUE YOU'RE SPEEDING!

If one was driving the posted speed, you wouldn't have to worry about how the sun is in your eyes or that you were cruising behind a van for being the primary reason that you were speeding. Just because I tuck in behind another vehicle doesn't make MY speed HIS fault.

Get real people.

[sqcomp]

You also have to remember that most of these officers have templates for the reports. They're usually bulletproof in the vast majority of cases. I wouldn't bet on the judge taking your side over the officer if it comes down to he said, she said.

Remember, for most cases in the states, the DAs aren't going to waste time with traffic court. This is usually going to be you, the officer, and the judge if you choose to take it all the way. I have never seen a case where a lawyer actually gets to talk. The jusdge has shut him up every time...to have YOU the accused speak. Think about it this way; the officer gets paid to come into traffic court. Most times they are on his days off. They get paid overtime in a lot of cases. Now, if you hadn't been speeding, we as taxpayers wouldn't need to pay him overtime.

...Dang man! You just cost me money by your speeding ticket! Slow the eF down! LOL!

[marcus]

The officer is a witness to the "crime"...and yes, if the court is set up for a trial, you will have the chance to ask the police officer where he was located. I'm also very sure you'll get stuffed because he'll tell you exactly where he was, when he hit you with the laser, and when that laser was last calibrated. Also, you don't need to be hit with a laser or radar to be convicted of speeding. Think about when the police officer paces you. Why are you slowing down to the posted speed limit? BECASUE YOU'RE SPEEDING!
If one was driving the posted speed, you wouldn't have to worry about how the sun is in your eyes or that you were cruising behind a van for being the primary reason that you were speeding. Just because I tuck in behind another vehicle doesn't make MY speed HIS fault.

Get real people.


i was slowing down because the speed limit was changing from 80 zone to 60 zone...

[TheRealEnth]

yeah dude i understand where you are coming from... Same thing happened to me.. It was literally a highway at 65, and it went over a bridge and literally right over the bridge it instantly turned 40mph, because you are entering a city with no warning.... and what do you know, 5 cops perched on the other side pulling people over left and right because they know that noone will know any better. I got pulled over. But i ended up hiring a lawyer for 50$ and he got it dismissed. I was there on vacation too, so i was home by the time it was being fought far away.

[dean_park]

i was slowing down because the speed limit was changing from 80 zone to 60 zone...

Marcus, this kid is just going to argue his close minded point of view. He's taking stuff from my story and saying I'm trying to pass blame. I'm not.. I already admitted in this thread mine was a stupid move (it's a mistake), stuff happens. My story: I was in my S2000, top down, no sunglasses and I couldn't see my speedo well... not excuses that would hold up in court, but circumstances that caused me to make a mistake. I really didn't expect the lady in the minivan was going that fast, but again.. it's a mistake. After that, I bought a cheap pair of backup sunglasses to keep in the car, so that wouldn't happen again. I paid the state (at the reduced charge), so they got their revenue and learned from the experience. Then I bought a Yaris and decided I'd give hypermiling a try..

Now the guy and wife with 37 tix... whoa that's different. DAMN you're lucky and nutz :biggrin:

In your case, I think you probably have a good chance to fight it. There is no line on the street that says 80 here and 60 here... you assume it's at the sign, but your not going to brake hard to 60 just because of the sign; you normally coast (DFCO!!). If you're record is clean and you say you were coasting to 60, they may just accept that.

As others have pointed out, there are local/state/province laws that may all be different. In RI, there are anti-hearsay laws, so the officer who radars you, has to be the one to write the ticket AND has to appear in court. Most times they don't, so the driver gets off on court costs. If you are a multiple offender though, the officer will likely show up. RI is kind of cool too though, if you plead guilty and your record is clean, they will normally throw it out anyway as an oops. But with the current economy, I'd bet that happens less because everyone wants their revenue.

Good luck and update the thread with the result!!

[sqcomp]

"kid" huh? Indeed. Something says that I am not anywhere close to "kid". I think somehow I'm having a little more of a valuable effect on life in general right now...

"Closed minded". Something tells me that I'm not exactly the one trying to get out of the wrong I'm more like the person who reminds you that when you're wrong, have some integrity and take what's coming. Stop passing the buck, plain and simple.

And yes, I've attempted some less than bright excuses before...see three tickets in less than a year in my last car, an SRT-4. I'm very thankful I am rid of that vehicle.

As for getting out of it claiming ignorance of exactly where the posted speed is? Perhaps. If you do, count yourself lucky.

The simple question is, were you speeding when and as the officer claims? Stinging as my criticisms are, I hope (regardless of the outcome) someone learns from this. whether the lesson is applied is completely up to the person in question.

As for my part, "kid" is very inaccurate, and "close minded" is also false. People conveniently forget that personal responsibility for one's actions is part of driving as well as a good character trait.

...Character matters...

[dean_park]

Arguing in Marcus's thread is not helping with his question. We have been giving similar stories, scenarios, tips to help him out...

If you feel like arguing with me, feel free to PM me.

Best of luck Marcus.

[127.0.0.1]

if you are going to court to fight a speeding ticket, bring your checkbook.

[tomato]

Arguing in Marcus's thread is not helping with his question. We have been giving similar stories, scenarios, tips to help him out...

If you feel like arguing with me, feel free to PM me.

Best of luck Marcus.

You know, that's a good idea. You too could argue by PM or better yet, just agree to disagree and leave it at that? :biggrin:

if you are going to court to fight a speeding ticket, bring your checkbook.

^ now isn't that the unfortunate truth.

I can't help the OP because I'm in the States and the laws are different even state by state, but lately, I do know some people who have been able to plead down successfully the amount of the fine they got on a moving violation due to the bad economy. The State would rather have some money than no money at all. So maybe that's some consolation if you can't get out of your ticket, you can always try to get the fine reduced somehow.


No comment on the couple who got 37 tickets between them :eek::iono:

[marcus]

this thread is getting out of hand...unfortunetely i cant update this any sooner cause i requested for a court date whici narmally takes atleast 6 months for them to reply.. i did go back to the site but i cant seem to remember where i got pulled over..weird..but imnow for shure im going less than 70kph on that zone ill take 70kph charge but not 88..

[markitect]

Ask for the evidence, the coppers keep a lot more information then is printed on your ticket. If a key fact(including description of the exact spot he tagged you) is missing in the evidence they provide at your request you pretty much can get it tossed no problem.

[Aothachos]

postpone the court date as much as possible and pray that the officer is transfered by some odd luck or he forgets or anything like that, i still have a 91 in a 55 zone speeding ticket to go to court for that i got 2 years ago when i first got my license at 17 years old haha. I postponed it the first time, first one is free-b in new york state, and the second one usually is a 40$ fee but i just went up front to the judge (before my court date) and explained i was unemployed and gave him a sob story, old man was a pretty nice guy for a judge and gave me 5 month postponement, in the meantime the courts postponed my ticket 3 times already so tahts 5 postponements i had on this ticket, i keep delaying it, the officer that gave me a ticket was working the highways, now they taken all county officers off the highways and put state police to patrol highways oonly so hopefully he was transfered else wehre, its dropped when i go, or he doesn't show, or anythign possible lol

[sqcomp]

These last points are valid as well.

I have seen the scenario of the police officer not knowing exact details. You also have to remember though...the judge makes the final decision.

I'll re-state that a lot of these officers have templates that are case proven for success on thier part.

Personally, about the sniping... *meh* ...I don't think I'm the one in the wrong. I know I hate it when I'm reminded that I did something wrong. Truth is the truth. We'll move on.

[Aothachos]

you don't want to keep postponing it only makes you look guilty and the judge almost certainly will be more strict with you. if you got a court date then go to it and get it over with. it will make you look way more responsible (not saying you aren't but it makes you look like you are trying the system) and the judge will be more lenient. Also here in Quebec if the judge sees multiple postponements he/she will just say fine you cant make it you default your right to trial

i delayed it twice because i was unemployed which is the truth, all the other times it was the courts postponing it :biggrin:

[marcus]

i also believe that i have the right to get a court date within a year or else it will be dropped..1 of my ticket took almost 11 months...like i said no big deal only if i wasnt careful .i barely run over 75 on a 60 since i got the yaris still youll run in them location where this thing happens. i just hate it when i can never win a case..i should have been a lawyer..