SPEEDING TICKET! How to fight this scenario... - Page 2 - Toyota Yaris Forums

marcus · 02-16-2010, 10:58 AM

Quote:

Originally Posted by 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.

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

TheRealEnth · 02-16-2010, 01:10 PM

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 · 02-16-2010, 01:23 PM

Quote:

Originally Posted by marcus

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

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 · 02-16-2010, 02:23 PM

"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 · 02-16-2010, 02:53 PM

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 · 02-16-2010, 02:56 PM

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

*tomato* · 02-16-2010, 04:14 PM

Quote:

Originally Posted by 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.

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?

Quote:

Originally Posted by 127.0.0.1

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

marcus · 02-16-2010, 04:33 PM

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 · 02-16-2010, 05:56 PM

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 · 02-16-2010, 06:02 PM

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 · 02-17-2010, 12:00 AM

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 · 02-17-2010, 11:33 AM

Quote:

Originally Posted by PK198105

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

marcus · 02-17-2010, 11:45 AM

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..

02-16-2010, 01:10 PM	#20
TheRealEnth Beast View User's Garage Drives: 2007 Blz Blu LB Join Date: Oct 2008 Location: Miami, FL Posts: 1,365	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. __________________ One you've taken a yaris for a spin, there's no turning back. Its a Chao!!!

02-16-2010, 02:23 PM	#22
sqcomp Roadrunner Jr. View User's Garage Drives: 2007 Yaris S Join Date: Jan 2007 Location: Back at home Posts: 2,609	"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... __________________ “To argue with a person who has renounced the use of reason is like administering medicine to the dead.” ― Thomas Paine

02-17-2010, 12:00 AM	#29
sqcomp Roadrunner Jr. View User's Garage Drives: 2007 Yaris S Join Date: Jan 2007 Location: Back at home Posts: 2,609	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. __________________ “To argue with a person who has renounced the use of reason is like administering medicine to the dead.” ― Thomas Paine

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02-16-2010, 02:53 PM	#23
dean_park Drives: 2011 VW Golf TDI Join Date: Oct 2009 Location: Wentzville, MO Posts: 191	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.

02-16-2010, 02:56 PM	#24
127.0.0.1 Banned Drives: '10 Yaris5drHB+99 4runner LTD Join Date: Sep 2009 Location: NE Posts: 672	if you are going to court to fight a speeding ticket, bring your checkbook.

02-16-2010, 04:33 PM	#26
marcus toyota View User's Garage Drives: 2007 Yaris RS Blazed Join Date: Oct 2006 Location: toronto, canada Posts: 3,637	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..

02-16-2010, 05:56 PM	#27
markitect Drives: Yaris Join Date: Oct 2008 Location: Michigan Posts: 199	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.

02-16-2010, 06:02 PM	#28
Aothachos Banned Drives: 2008 Yaris Sedan Join Date: Oct 2008 Location: Long Island, NY Posts: 326	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

02-17-2010, 11:45 AM	#31
marcus toyota View User's Garage Drives: 2007 Yaris RS Blazed Join Date: Oct 2006 Location: toronto, canada Posts: 3,637	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..