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Old 10-18-2009, 09:43 PM   #1
TheKuma
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Speeding Ticket Clarification Help

Sorry if this isn't in the right place, I saw the other speeding threads were closed.

My little Scrubber Bubble got me in trouble last week and I got a speeding ticket (clocked by an officer with a radar). Anyway, I'm a little confused on what I should do. I have two options, Request for Waiver Hearing (Guilty With An Explanation) and Trial.

I'm in MD, if this helps. Basically unless he didn't calibrate his radar, I'm guilty. I just want the fine knocked, so should I Request the Waiver or not send in anything and get a Trial? It sounds like I get one either way but I don't know if one looks better than the other.

Also any tips would be appreciated. I know I can't argue "going with flow of traffic" (which I was because when I went 60 I was almost getting rear-ended).
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Old 10-18-2009, 10:40 PM   #2
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Most jursdictions these days offer some sort of a method for a first-time traffic ticket to be kept off of your record. Usually, this involves paying the fine, paying some additional fees, and taking a class. But, the end result is that as long as you don't get another ticket within a year (or whatever the local law states), it doesn't go on your record and thus doesn't affect your insurance.

You could fight it, but in the long run... it's generally cheaper all around to just take the class.

Don't blame your ticket on your car. You earned it. Man up and pay it! (but do try to do what you can to keep it off of your record)
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Old 10-18-2009, 10:44 PM   #3
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i just got a ticket for running the toll the other day 155 fine

bad thing is if i went through the ezpass they would have just taken a picture and sent me a bill for 25 bux... i dont see how the same offense can be handled differently based on what lane i go through
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Old 10-18-2009, 10:53 PM   #4
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Quote:
Originally Posted by TheKuma View Post
Sorry if this isn't in the right place, I saw the other speeding threads were closed.

My little Scrubber Bubble got me in trouble last week and I got a speeding ticket (clocked by an officer with a radar). Anyway, I'm a little confused on what I should do. I have two options, Request for Waiver Hearing (Guilty With An Explanation) and Trial.

I'm in MD, if this helps. Basically unless he didn't calibrate his radar, I'm guilty. I just want the fine knocked, so should I Request the Waiver or not send in anything and get a Trial? It sounds like I get one either way but I don't know if one looks better than the other.

Also any tips would be appreciated. I know I can't argue "going with flow of traffic" (which I was because when I went 60 I was almost getting rear-ended).
60 in a... 35? 45? 55? If it was in a 35 or 45, you're not going to have a lot of luck--less so if it was the 35, as it's considered reckless.

Were you clocked on a stationary cop or from behind on a moving cop? If you were in a pack you could argue that the radar could have clocked someone else, if it was stationary. If you were being tailed by the cop, then don't bother.

You could also get your car tested to see if the speedo matches your speed. Though, I've noticed that from the angle I sit at, the speedo reads 2 to 3 mph faster than if you were looking at it head on (and reading your actual speed).
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Old 10-18-2009, 11:06 PM   #5
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If are running custom rims and tires you can get it reduced to equipment malfunction if, you are willing to plead guilty to it around here, because the courts are so clogged up. I don't know about that in Maryland, but you might check it.
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Old 10-18-2009, 11:15 PM   #6
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Theres really no point in fighting this type of ticket. And most of the time it wont get reduced. Cop caught you and has you with radar. If there was no radar there would be a chance. But belive me there is no chance. Last time i went to court to fight a red light ticket. And that i won because the light turn yellow as i just entered the center of the intersection but thats another story. 90 percent of the people there were for speeding. And all the cops made the people look like complete idiots. And the judge did not dismiss any or reduce any of thier fines. Its just going to be a waste of your day. Best thing you can do is just take traffic court.
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Old 10-19-2009, 05:37 AM   #7
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not where I live
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Old 10-19-2009, 10:50 AM   #8
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I had a ticket, disobeyed a traffic control device, instead of the 90 in a 55 that I was doing.

I out down not guilty, and after hearing maybe 20 people infront of me try giving excuses to the 2-4 people hearing the case, they just want the money.

So say no points, your sorry, and pay the fine. Because now a days, every business wants cash, and to not let go of their employees.
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Old 10-19-2009, 11:12 AM   #9
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ALWAYS go to trial.

there is a chance the officer won't show up and if
so, the ticket can/will be tossed. that is your only
real free chance


if he shows up, bring your checkbook, and don't speed next time.
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Old 10-19-2009, 11:13 AM   #10
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Well i got radar'd at 115 in a 55, got a 100$ lawyer and case was dismissed

In all my tickets, THE COP ALWAYS SHOWS UP. they get payed.
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Old 10-19-2009, 11:36 AM   #11
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And if they get paid, you better be sure the court will be on their side, and charge you for everything anyway.
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Old 10-19-2009, 11:44 AM   #12
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Yeah cops always show up. They tell you he may not show up to give you a glimmer of hope in the chance it will get thrown out. But they always do. Since i got nothing better to do right now I will tell you my story how i won my court case for my red light violation.

I was traveling at a normal rate of speed through a 4 way intersection. As i proceed through the light starts to turn yellow. And i am already halfway through. As i exit the intersection it turns red. Keep in mind you there are many cars in front around and behind me as this is happening. 2 stoplights later about a quarter mile at least i get pulled over.

I am dumbfounded i was the officer what did i do wrong. He said i ran the stoplight back there. I am like where?!? And he named the intersection and that is where it hit me. I did not argue or start cursing or saying things like ILL SEE YOU IN COURT BUDDY. I just signed the ticket and went on my way. First rule is if you plan to see the cop in court to fight the ticket don't give him any inclination. Otherwise when he goes back at the end of the day to do his paperwork on his notes he will write a one page essay to jog his memory when you do take him to court. Otherwise he will just write a small sentence. Something to the lines of i saw so and so run the red light and the intersection of so and so.

So after that I wait for the ticket in the mail. Once i get it i wait till about a week before its due. You have the option at this time to pay it or go in and set up a date to contest it in traffic court. But its more of just a pretrial before you get to your actually case in front of the judge. At this time i call the number and pretend like i never received the ticket and i don't know what to do. The lady on the phone explains sometimes they get lost in paperwork and she will extend it by a month. After a month i call again. This time they said there is no reason why i shouldn't have got it but to just come in person to talk to the clerk.

So i do and then ask to set up a hearing. I ask for the farthest date possible since i just started a new job and cant take time off. (currently unemployed at this time so i have plenty of time to waste)

I think 2 months go by and then I stand before the judge and say "I plead not guilty and wave my right to a quick and speedy trial" Judge says " i assume you would like a date sometime later, may i ask why?" I reply yes i just started a new job and I don't want to risk taking time off right away" He says "that is understandable does this date work for you" So now my date is several several months away.

During that time i go to where the cop was waiting on his motorcycle and took pictures of the intersection and the stop light. From his point i can see he can not clearly see the light and the cars at the same time. You would have to look up and then down. So i could be at the end of the intersection just as it turned red while he looks up and sees red. He could assume it was red the entire time and ticket me.

Also took pictures of cars during the same time and day of the week to show how busy it is. Cause strangely enough the cop singled me out of the many cars that went through and weaved in and out of traffic just to pull me over a quarter of a mile away?!?!? And then took pictures of the distance and where i finally got pulled over.

Also i had a witness in my car and had her give a written testimony. I made pamphlets on my computer with blown up pictures and labeled each one picture A B C D etc. And also made a huge poster board.

So now its been about 9 months since the ticket was given. More than likely the cop wont remember me. Also there is a slim chance he may have been transferred or moved from the area in that large amount of time that he might not show up. Well he did show up. But i was ready to present my case.

I started off by questioning the cop. Do you recall if there was a passenger in the car? He told the judge i do not recall. I asked then do you recall what color my vehicle was. He could not recall. Already putting doubt in the judges mind that whatever this cop says cant be believed. Then i showed the pictures. And the judge asked him a few more questions. All he could say was i don't recall. I looked down on the cops notes it was just maybe 2 sentences of what happened at the incident.

I explained to the judge that if i ran the red light. Then About 10 or more people must have ran the red light too because there were many many cars behind me as well. The judge asked the cop this question too. He could not come up with a answer. And I had only presented about 10 percent of what i wanted to show on my case before the judge said that was no point in going further. There was enough reasonable doubt and he threw the case out. So i got off free. I felt that I was right and he was wrong so as matter of principle i would not let the cop win. And getting him back i humiliated him in court in front of his colleges.

Now reading this u can probably find some ideas how you could win in court even if you are guilty but wish to proceed but that is up to your own conscience to decide. =)
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Old 10-19-2009, 12:48 PM   #13
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Excellent story. The only flaw in your logic is that the whole legal system is a "machine". The judges don't care, it's all "mechanical" to them. Yeah, not enough evidence, move on to the next one. The cop also was not embarrassed. He gets paid to be in the court room. You win some, you lose some.

Good to hear that you got it dismissed, though. Your advice on being polite to the cop to avoid imprinting a memory (or instigating detailed nots) is good, as is stretching the time frame as far as possible if you're going to court.
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Old 10-19-2009, 06:14 PM   #14
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Can't you go to trial but just reschedule an infinite amount of times and maybe the officer won't show up? I dunno... I never had a speeding ticket!
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Old 10-19-2009, 06:22 PM   #15
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I was a police officer for all of 2008. No-one ever took one of the tickets I gave them to court. but EVERY speeding ticket I saw go to court from one of my colleagues got dropped, so I would say take it to court, it's worth a try. Just from my experience.
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