Help PLEASE. 78 in 55

i got pulled for going 78 in a 55. when i passed the cop (it was a two lane road he was going the other way) i looked at my speedo and it said i was only going 65. anyway the cop pulled me and another car over about two or three minutes later and gave us both a ticket. the driver of the other car told the cop that i cut him off after passing in a no passing zone which isnt true.

anyway, i think that the other guy was going 78 and i was going 65, which would make sense if he was mad at me for cutting him off (he sped up after i passed him and stayed right on my tail until the cop pulled us). is there any way i can prove this or is it a lost cause.

also, the cop never showed me the radar, which i've heard in va is a requirement.

thx... im 18 and this is my first ticket. i NEED to at least get it reduced to not be reckless driving so any help would be greatly appreciated

p.s. ive gotten my speedo calibrated and it was dead on. i dont know if this helps or hurts my case.

I live in VA and there is not, to my knowledge, a requirement to show you the radar. Did the cop mention that he got you on radar?

Without more details it's hard to figure what's going to happen; but at the very least you should be able to go to court, advise the judge you were not driving recklessly, only a bit fast, and have it reduced to speeding 20+ over. It's the same number of points, but better than reckless.

How far behind you was the other car when you passed the cop?

he had caught up to me and was about 3 seconds or less behind me. i passed him while he was going 50 and he sped up to catch me. it was downhill so my speed went from 60 to 65-ish. it makes sense to me that he was going to be going a lot faster than i was.

he (the cop) said that he got me on radar, i think. how else would he know how fast i was going.

also...
have you ever heard of A1 defensive driving school. are they legit.

If he was catching you and you were doing 65, that makes sense that the cop got him on radar.....you should be able to use that, plea your charge down to speeding 10 over, and suggest in court that the other driver was the higher speed.

Never heard of A1, I always went through the court/DMV recommended course.

i called their number and they said that they were a court/ dmv approved course and would buy back 5 pts on my record. the sketchy part is that you dont sign up or anything, you just show up on the day they offer the course and take it.

how can i prove that i was going 65 tho. the other guy was mid 40's and pretty well off. driving a landrover with an expensive bike on the back.
my word against his and the cops (you KNOW he wont admit to doing 78)

i called their number and they said that they were a court/ dmv approved course and would buy back 5 pts on my record. the sketchy part is that you dont sign up or anything, you just show up on the day they offer the course and take it.

how can i prove that i was going 65 tho. the other guy was mid 40's and pretty well off. driving a landrover with an expensive bike on the back.
my word against his and the cops (you KNOW he wont admit to doing 78)

I'd verify with DMV that they company's course can be used for credit.

As far as proving the other guy's speed, you don't have to. You only have to get a reasonable doubt into the judge's mind about your speed. In your place I'd say something like you were going around 60, came to the hill, and saw the other guy flying up behind you, you were watching him and so got a little fast coming down the hill. Tell him you checked your speedo when you saw the officer and it said 65. Or you could also say you had the cruise set to 63.

Just have one simple, solid story about what happened and stick to it.

good idea. thx alot. my cruise dosent work, so i cant say that, but thats basically what happened. i wasnt paying attention, i got going 65, cop pulled me over.

oh, btw...
i have begin to suspect that the guy CALLED the cops on me after i passed him a few miles back. does this change anything that someone called the cops???
i didnt do anything reckless, so he had no reason to call the cops, except that he was a jerk and i passed him at the wrong point in his life!

oh, btw...
i have begin to suspect that the guy CALLED the cops on me after i passed him a few miles back. does this change anything that someone called the cops???
i didnt do anything reckless, so he had no reason to call the cops, except that he was a jerk and i passed him at the wrong point in his life!

All speculation. If he called, then he called. If you didn't do anything reckless, then you didn't. Unless he called and is a witness, the other driver might not even be in court the same day, so don't worry about it but be ready just in case to discuss it....you passed him, the road narrowed and you misjudged how much space you had.

This is sounding more and more like you two had a bit of a contest of wills when coming up to the merge....

i dont know, but this guy is a jerk if he did call the cops.
you can imagine how pissed i am that i may end up getting a ticket for reckless driving, when i wasnt even being reckless.

if i had known that this guy was such a moronic prick, i never woulda passed him to begin with.

"YOU GAPING RECTUM OF FECAL MATTER"
(Inside joke... someone actually called me this when i ate his sandwich)

Go to court, dress nice, be polite, try and plead it down with the prosecutor before hand. Explain the situation, usually they will offer you a lesser charge to bargain and keep you from wasting the court's time. Either take it or try to negotiate it a bit further down.

The truth of hte matter is you are 18, nobody will believe you no matter what happened. The judge sees a bunch of 18 year olds each week, every time it is for speeding/reckless driving, you're only real chance is to stand out by dressing nicely and being polite...this is not hte time to show off any new piercings or tattoos, get the idea. Every thing is "officer" and "your honor".

Personally, like I said before, I'd try to bargain out. Your chances in front of a judge without any real evidence to refute the cop's opinion or radar, leaves you little to say in court. Once you get it bargained down, take some sort of defensive driving or traffic school course that will remove the rest of the points and keep your insurance down.

As far as not showing you the radar, in most states if you ask, he is required to show it to you, but always remember A) cops can say pretty much whatever they want...ie, I cleared it already B) in court, the judge will take hte cops word over yours, so you don't want to piss him off by arguing on the side of hte road.

As far as not showing you the radar, in most states if you ask, he is required to show it to you,

Absolutely NOT TRUE. There is no state where the officer is required to show you the reading on the radar/laser gun.

If you are 18, the DMV will require you to take driving school after the ticket hits your record. Taking the physical class now will not help you but the online traffic school will do the same thing in adding safe driver points to your record.

At your age a reckless or even a 20+ ticket is going to cost you big time in insurance premiums. An attorney will cost between 250 and 500. Much cheaper.

Funny, because a cop told me that. Not saying you are wrong, for all I know, you maybe right. I'm just repeating what a cop told me once in conversation???

what do you think my chances are?
im really scared that i'll get slammed w/ 23 over and reckless driving (i've heard this is a FELONY, i hope not)
any help would be awesome

well in FL you would just lose your License at worse unless it contains a law outside of the dmv like using your car as a weapon etc thats when it is a felony.

and i would have to agree with Igovert500 with just dress nice act polite as possable cause you can't really say to much about how fast you where going cause usaly only you know how fast you where going . but then again you are in a virgina and they are a$$whenn it comes to stuff like that i lived there for like 4 years .

they are the only state too that does not allow rador detectors or anything like that.

what do you think my chances are?
im really scared that i'll get slammed w/ 23 over and reckless driving (i've heard this is a FELONY, i hope not)
any help would be awesome


I'm in VA and speeding 20+ isn't a felony to my knowledge, although it's been awhile since I drove that fast. Or at least got caught going that fast. :evillol:


In VA the officer has the option to charge you for Reckless Driving if you were going 20 or more over. What does it say on the ticket? If it says Reckless, you can talk it down to just Speeding by saying that you were NOT driving recklessly, just too fast. If it says Speeding, then go with what has been said earlier.

...and i would have to agree with Igovert500 with just dress nice act polite as possable cause you can't really say to much about how fast you where going cause usaly only you know how fast you where going . but then again you are in a virgina and they are a$$whenn it comes to stuff like that i lived there for like 4 years .

they are the only state too that does not allow rador detectors or anything like that.

Washington, DC just passed legislation making radar detectors illegal (not that there's room to speed in most of it)

Minnesota doesn't allow anything to be hung from the windshield....go figure.

In Connecticut it used to be illegal to have a radar detector, but that was repealed in 1998.

(http://www.afn.org/~afn09444/scanlaws/radar4.html)

/ off topic

Washington, DC just passed legislation making radar detectors illegal (not that there's room to speed in most of it)

Minnesota doesn't allow anything to be hung from the windshield....go figure.

In Connecticut it used to be illegal to have a radar detector, but that was repealed in 1998.

(http://www.afn.org/~afn09444/scanlaws/radar4.html)

/ off topic


i know but they are not a state they a distrist.

i know but they are not a state they a distrist.

True but they are self regulating for traffic. It's a mess, I used to live in the area.

Lots of states, including NY have signs that say they aren't allowed. Whether they are or not, I don't know for sure. All I know is if I have a working one I use it, and if I get pulled over, it goes under the seat to avoid the cop's eyes.

To the original poster, go to court, you wont get felony charges. Unless you were fleeing from the cops, ramming their cars, or almost hit a pedestrian or something, they aren't going to give you a felony. 99% of the time they will bargain it down with you.

thanks guys

Make sure to let us know how it comes out.

Another point, get to court EARLY, real early. Review proper courtroom etiquette -- no food, no gum, no drinks, no newpaper reading. I can't guarantee it will help, but I can guarantee a breach of etiquette will hurt. Be respectful to everyone in the courtroom, not just the judge. Be nice to the clerk, the bailiff, and the DA too.

I've seen a lot of jerks show up in court and not catch a break.

interesting...
i talked to a lawyer, who thinks he can get me out b/c he knows the judge, and he (the judge) is a nice guy. my court date will have to be moved to mid september if the lawyer can help me tho... oh well.

if anyone sees any other ways for me to bargain this out, feel free too help a guy out.

also, this being my first ticket, and my first time in court, i dont really understand the whole process too well.

people said i should bargain w/ the prosecutor, who'se he, and where do i find him,
is it a good idea to go in there and argue with a COP, i dont know...

as igovert said, im 18, and nobody will believe me, unless i can get proof that the other guy got a ticket for 65, then i might have a chance

thanks a LOT

also, this being my first ticket, and my first time in court, i dont really understand the whole process too well.

people said i should bargain w/ the prosecutor, who'se he, and where do i find him,
is it a good idea to go in there and argue with a COP, i dont know...




Get there early, or go on some day before your court date to see how it works. Basically, they will call the name of the person that got the ticket. That person goes up front, as does the Officer that wrote the ticket. The court states what crime you're accused of, and you enter a plea, either guilty, not guilty, or no contest.

If you plead Not Guilty, then the cop says what happened and what evidence he has (radar, observed so-and-so, whatever). Then the judge asks you if you have anything to say, which is where you have an opportunity to present your evidence, or talk about the situation. Here's where you'd say you were only going 5 over or whatever, and that the other vehicle was coming up fast behind you and you think the cop's radar detected him rather than you.

Then the judge will consider the evidence on both sides, maybe ask a couple of questions, then make a decision. It's a good idea to watch how it works beforehand so you're not so nervous.

The prosecutor will be the State's (well, actually, Commonwealth's) representative in court. If you get there early enough you should be able to go towards the front of the courtroom and ask for them, and advise you would like to plead to a lower speed. If they take the deal (like in Law & Order and such) then it saves the court time and you can just go pay the fine. Sometimes the prosecutor will be ok with talking to you, sometimes not.

Hope that helps.

Oh yeah, and if you have a lawyer friend that can get the charges dropped, :thumbsup:

ok. thanks. that was a BIG help guys.

It varies slightly state to state.

Sometimes it has gone just as described above, other times the prosecutor (cop or assistant district attorney) has shown up early and they have been the one finding and offering me a deal) but I only have court experience in NY and PA

alright guys.
court date is on monday.
gonna have to drive three hours for this shit.

i'll let y'all know how it goes.
Wish me luck

Funny, because a cop told me that. Not saying you are wrong, for all I know, you maybe right. I'm just repeating what a cop told me once in conversation???


It could be departmental policy. I have heard that many times "you have to show me the radar" and the only place Ive seen it in B/W, was the book "how to beat a speeding ticket"

Ive been asked many times but always refuse, not because Im dishonest but because Im responsible for the violators safety and I dont need them getting out and walking around getting hit by another car.

some judges with throw it out, thinking the officer was hiding something. Ive seen a lot of OSP officers take violators back to their car and issue a ticket, and im sure the recorded violation was visiable.

well i got it reduced to 74 which isnt reckless.
lawyer talked to the cop. turns out the other guy got a ticket for 66/55...
ASSHOLE.
sorry.

that was my speed for those of you who dont know.
in the end it was $151 with court costs.
oh well

...and there you go...pleaded to a lesser charge. Still sucks, but you should still have your license....