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]

Originally Posted by PK198105

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]

Originally Posted by firebob

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]

Originally Posted by Yaris Hilton

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]

Originally Posted by sqcomp

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*]

Originally Posted by 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.

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*]

Originally Posted by PK198105

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!