I have a problem.

[Sabretooth]

I understand the lashback I will recieve for this, but I am looking for help.

I got stopped by a local police that wasnt in my county. Was clocked doing 96mph. Now I have to go to court for it. They didnt issue me a ticket, but a mandatory court appearance. Now I have to ask, what is the best way to go about this.

I figured best would be to plea no contest and make a statement saying that I sorry for my actions and I understand what I did. Man up and take my punishment.

[TinyGiant]

you could get a lawyer for it .. he could probably get the fine reduced and you will have to take a defensive driving course to keep the points down.

you could try and get that option yourself... thats going to be a hefty fine..

how old are you? (not being wise here... depending on your age the judge might have different ideas for fines/punishment)

[Stargate YARlantIS]

What was the speed posted??

[KCALB SIRAY]

You are screwed. The only way you can avoid this is to raise a doubt to the judge that you were not going that fast. Doing so would require to much work on your end and not worth the time. You'd have a better chance if it were closer to the posted speed limit as most judges will suspend the charge if you can provide evidence that the speedometer was off more than 3%. Getting a lawyer for that speed is not worth it either. You were clearly in the wrong, but do like you said and sack up, you might have an understanding judge.

[Bob_VT]

Alot depends on your previous driving offenses too.

[m911gt]

If you know any mechanics...very well, you could talk to them and have them write you up an estimate saying your speedometer is faulty.

[Loren]

There are some new laws in FL as of October that you might want to be aware of. If you were going 96 in a 45, it won't be pretty.

My advice: know the law. Know what to expect. If you can afford the penalty, go for it. But, it could actually be cheaper to hire an attorney. Ticket + court costs + hike in insurance rates can add up to a LOT of money.

[cali yaris]

Here in CA, if you are a certain amount over the limit, it's a 2 point offense -- that means seriously higher insurance costs. If you can get at least one point off your record, it will be worth it to beg for mercy.

[nemelek]

I agree with Loren. Know what you are up against. At any rate it will be a learning experience for you. Good judgement comes from experience and experience comes from bad judgement.

[Sabretooth]

Hey sorry for the long update..

Stats on the ticket:
I am 21 years old, my record has been clean for nearly 2 years.
I was clocked doing 96 in a 60, although I swore the speed limit was 65. If it dropped I do not know or it was not posted properly.

The cop that stopped me did not show me the radar gun with the actual reading, nor did he show me calibration papers. Also he was a a newer cop, due to I could tell by the officer ranking that was posted on the court summons. Then he also was using a note sheet on what to fill out on a summons.

[Shroomster]

Originally Posted by camelll

I would fight that for sure, hire an attorney and hope to god the cop does not show up in court (ticket will be dismissed), this is the only way you are gonna get out of that.

If you could show me in the statutes where it says that if the officer does not show up the ticket is dismissed?

that's like saying it could be thrown out if Kyle doesn't show up.


seriously I'm not bashing you I just would like to see where you got this information from...

[*MAD DOG*]

Originally Posted by Sabretooth

Hey sorry for the long update..

Stats on the ticket:
I am 21 years old, my record has been clean for nearly 2 years.
I was clocked doing 96 in a 60, although I swore the speed limit was 65. If it dropped I do not know or it was not posted properly.

The cop that stopped me did not show me the radar gun with the actual reading, nor did he show me calibration papers. Also he was a a newer cop, due to I could tell by the officer ranking that was posted on the court summons. Then he also was using a note sheet on what to fill out on a summons.

Based on that information If i was in your shoes i'd be going straight to an laywer, someone who works on these type of cases day in day out. I'm sure you can prove some reasonable doubt with that info. Did you have a passenger with you? Also did the cop have a partner or not?

My sister fought a charge of going through a red light and won with no conviction or fine. The cop who charged my sister stated his case, but his partner did not remember any of it and stated so on the stand under oath.

It came down to my sisters word vs the cops word and enough doubt had been cast to avoid a conviction and fine and loss of points. My sister represented herself too.

[Revsson]

Originally Posted by Sabretooth

Hey sorry for the long update..

Stats on the ticket:
I am 21 years old, my record has been clean for nearly 2 years.
I was clocked doing 96 in a 60, although I swore the speed limit was 65. If it dropped I do not know or it was not posted properly.

The cop that stopped me did not show me the radar gun with the actual reading, nor did he show me calibration papers. Also he was a a newer cop, due to I could tell by the officer ranking that was posted on the court summons. Then he also was using a note sheet on what to fill out on a summons.

Just my opinion:
If it were me, I would go back to the area and take pictures of the speed
limit signs to back up your claim of 65 mph limit. In most localities, it is the
number of miles over the limit that determines the fine, which also affects
your insurance rates.

I don't think the cop has to show you the actual reading. As a matter of
fact, how would you know it was an actual reading of your car or another
car that he might have stopped before you? To my knowledge, there isn't
any sort of time/date stamp on the reading. I don't know if he has to show
you the calibration papers, but you might ask to see that in court, but it
may not make a difference. Some communities have dash cams that record
many things, but I doubt that they have it recording while doing radar checks.

Just because he was a newer or rookie cop doesn't mean he made a mistake.
Sometimes, the rookies are less lenient on minor offenses. You don't state
that you know you were speeding. If you were thinking you were going
70 or 75 mph, that would be different. If you know you were going way over
the limit, then I would just admit it and face the consequences. You could
spend money on a lawyer and possibly win or spend more money on insurance
costs. Yet, even with a lawyer, you could lose the case and have to pay the
lawyer and the fine and higher insurance premiums.

I know of someone that has a radar detector but not that he wants to speed.
He is so absent minded at times, that he doesn't pay attention to the signs.
With the radar detector, he is alerted to pay attention to his speedometer.
Yet, he has still been pulled over.

Maybe chalk it up to experience and pay more attention to the speed?

[Revsson]

Originally Posted by Shroomster

If you could show me in the statutes where it says that if the officer does not show up the ticket is dismissed?

that's like saying it could be thrown out if Kyle doesn't show up.


seriously I'm not bashing you I just would like to see where you got this information from...

That is a good question. I think I read somewhere that many times the
cops come to court on overtime, so there is incentive to show up. If your
cop doesn't show up for court, then there is no one to challenge your claims
or support the police officer's claims. Often times, if both parties don't show
up for court, the judge will side with the one that does show up.
But it would be nice to see that in writing.

[jclo3313]

Originally Posted by Sabretooth

I figured best would be to plea no contest and make a statement saying that I sorry for my actions and I understand what I did. Man up and take my punishment.

No contest = guilty. All I can say is if you can hire a lawyer man. You are looking at a one year suspension and jail time. What county were you in? Who is the Judge hearing your case? Your insurance is going to take a hit no matter what, so hire a lawyer to try to plead your case down to something like "failure to yeild to a trafic device" or a similar moving violation. Any questions PM me dude and I might be able to help.

[Bob_VT]

The highly technical Drive by WIre system was jammed by some over-zelous radar operator!!

[Shroomster]

Originally Posted by camelll

Well we will call this "statute" the constitution of the United States, the sixth amendment in the bill of rights to be exact!

* Sixth Amendment – Trial by jury and rights of the accused; Confrontation Clause, speedy trial, public trial, right to counsel

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense. There it is in writing.

You are innocent until proven guilty and the state has the burden of proof. The defendant or his attorney must be present at a hearing but the officer does not have to be. If the officer does not show up then there will be no proof and he will not be able to confront his accuser this will result in a dismissal of the case. If you do not show up they will issue you a bench warrant for failure to appear. Saying it is like kyle not showing up is not even remotely the same thing.

This is also the problem states ran into with red light camera's and photo speed traps. The state gets around this right by making those offenses civil penalties and not criminal, you do not have this right because it is not a criminal case it is only monetary. That is why there cannot be any points assigned nor can it be submitted to insurance companies. You cannot confront or question your accuser if it is a mechanical device.

If I was the op I would get a free consult or retain a attorney at least this way he will know what he is in for. 25 mph over is considered reckless driving in this state and is automatic revoke of drivers licenses for 1 year. I am not familiar with Florida driving laws but 30+ over the posted limit is not gonna be the same as a seat belt ticket. If your license gets revoked you will have to get SR22 high risk insurance for 1 year (In this state) and the fines are nasty!

Good luck to the op and let us know how it works out.

I have another question for you also. You said they did not issue you a ticket but they gave you a court summons, what is the offense on the summons?

the way I've come to understand it (not sure if it is the same in all counties) but the officer does not need to be present for the hearing, he can try and use that defense but most likely it will be denied as the judge can take the officers report as his side to the case.

[Black Yaris]

contact a lawyer, since a citation was not issued, you may get off scott free