Help Please!

xygirlx · #1 02-11-2007, 10:12 PM

Hi. I need help.
I just got a speeding ticket.
I was going with the flow of the traffic and cop pulled me over stating that I went over 80 mph.
My mom was next to me so there was no way I could have drove that fast.
I told him that and he wrote me a ticket anyhow.
funny thing is that when I asked him for radar, he stated that he didn't use it and he was for sure I went 80 mph and above.

1. it was highway 85 in CA near Gilroy.( right after passing Gilroy Outlet so there is no way I could have gone 80 mph and above.
2. it was around 4PM on Sunday.
3. i was driving rental car.
4. he wrote as 22349 (a) and circled Infraction.
5. he wrote speed approx as 80 + and did not rite anything about radar.

he was very rude to me. he was like sir can i see your d/l and i was like excuse me i am a girl and he was like sir sorry.

i really want to fight this because i know i didn't go 80mph+ and no radar was taken.

do you think i have a chance? please help me because i never gotten a speed ticket before.

alphalanos · #2 02-11-2007, 10:17 PM

I dont think there is much you can do. You can take it to court, but I think the police are usually going to win. how fast would you honestly say you were going?

xygirlx · #3 02-12-2007, 12:13 AM

honestly at most i was going 68?? i would have never gotten over 70 because my mom.. she was watching the speed..

fredjacksonsan · #4 02-12-2007, 06:43 AM

Fight it. Your mom is a witness both to how fast you were going, and to the officer's statement that he didn't use radar and he was "sure you went 80 or more". If he didn't clock you (drive behind you and match your speed) then there is no evidence.

carsandbeer · #5 02-12-2007, 07:04 AM

Hell ya fight it. First of all when you fight it, in order for the courts to win the officer has to be present. If he doesn't show up, you automatically win. You need to explain that you asked for the radar and what the officer said in return. Now for instance, let's say that the officer says yes he did use a radar you can come back with something to throw him off. First you need to ask what type of radar system he used and then aske if he has gone throught the proper training for that radar. Had a friend win by doing that because the officer never completed the training. Just some food for thought.

carsandbeer · #6 02-12-2007, 07:06 AM

WOW!!! Didn't relize how bad my spelling was. My apologies.

xygirlx · #7 02-12-2007, 05:21 PM

Quote:

Originally Posted by carsandbeer

Hell ya fight it. First of all when you fight it, in order for the courts to win the officer has to be present. If he doesn't show up, you automatically win. You need to explain that you asked for the radar and what the officer said in return. Now for instance, let's say that the officer says yes he did use a radar you can come back with something to throw him off. First you need to ask what type of radar system he used and then aske if he has gone throught the proper training for that radar. Had a friend win by doing that because the officer never completed the training. Just some food for thought.

wow.. office never completed the training?? that's a scary thought.

ansidious · #8 02-12-2007, 10:44 PM

Most of the states have a number where you could lodge a formal complaint for misbehavior by an officer. I would suggest that you do that first if there is such a provision.

As for your case, you have a good chance to fight it out.

Igovert500 · #9 02-13-2007, 10:57 PM

Fight it. Dress nice and bring your mother as a witness.

Now decide what you will count as a win. Chances are they will bargain with you prior to court...if you will accept a lesser charge, then now is the time to negotiate. Sometimes they will offer you a lesser speed...like 5mph over instead of 15mph over. And in some states they have 'disobeying a traffic control device'. Check in your state if that is an infraction, and if it has no points. In NY it has points, in PA it doesn't. So I will accept that as a win in PA, but I refuse to take it in NY. Anyway.

If you wanna fight it, you have a good chance...as long as the cop doesn't lie. I generally keep a small tape recorder in my car door to tape record conversations such as these, when I get pulled over. Because him admitting he didn't have you on radar is great. Did he pace you?

Generally the cop will go through his explanation of what happened first. He may say he used radar, and generally most cops will just bring in random radar gun information. If he didn't and he was only going on a visual, ask these questions:

1) What method did you use to determine my speed? Chances are he will say in the opening statement (if he's honest) that he observed you traveling at a high rate of speed which he estimated to be over 80mph.

2) Over what distance did you see my vehicle travel?

3) Did my speed change after you observed me?

4) Was my vehicle traveling toward you, away from you, or across your line of vision?

5) Have you ever participated in controlled tests whree you were asked to estimate vehicle speeds? (usually you're gonna get a no...if yes, ask them if they guessed the EXACT speed correctly)

Now in your closing argument, rehash the points that bring into doubt the officers ability to correctly determine your rate of speed...and also anything the officer is unsure about in their testimony.

Example: Your honor, the officer has already admitted to not having any evidence proving my exact speed. In addition, by his own testimony, he has admitted he only observed me for a short period of time, traveling at a 30 degree angle from his point of view making a visual estimation of my speed even more difficult. And lastly, by his own admission, he has never participated in a controlled test where his accuracy of visual speed estimation could be verified. I believe this more than enough creates a reasonable doubt as to my speed, and I therefore ask for this charge to be dismissed.

You can't exactly go via script...but you have the questions, ask him specifics not open-ended questions, don't argue with him, just play it be ear and do your best to create a reasonable doubt as to the exact speed you were traveling. Remember...you don't have to prove you weren't speeding..you just have to create a reasonable doubt as to whether the officer correctly measured your exact speed.

fredjacksonsan · #10 02-14-2007, 08:19 AM

Great post, Igovert. Maybe we should stickie it for everyone's reference.

Anna1 · #11 05-23-2007, 10:40 AM

That sucks that i just saw this if you ask to see the radar and they dont show you it can be thrown out right away

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