Two tickets...court date

[nogoodscallywag]

I was driving at night down a fourlane divided highway. I had just turned right onto the highway, and there are rr tracks about 100 ft. from the intersection. I pulled out onto the road, legally, and began acceelerating. Coming to the tracks, I slow down, and there is a car going ungodly slow over the tracks. After the tracks, I pass the guy by moving into the left fast lane. I then pass him and then move back into the right slow lane. I begin accelarting, going maybe 2-3 miles over the limit. Next thing I know I see a blazer sheriff in my mirror pulling me over.

I do have a radar dectector on my dash, which did not go off, so I knew i was not speeding. The cop came up and told me he needed to see my stuff, and I simply and politely asked how fast I was going. He said after flubbering for a second "Well I don't know but you were going faster than me. Plus I see you have a radar detector so I know you were speeding and I can get you for an improper lane change." I just handed him my stuff and he gave me those two tickets. I go to court soon on a not-guilty plea.

Any ideas on how to defend this? Shold I simply tell the judge what happened and that's be it?

[SaturnOmegaX]

Originally Posted by nogoodscallywag

I was driving at night down a fourlane divided highway. I had just turned right onto the highway, and there are rr tracks about 100 ft. from the intersection. I pulled out onto the road, legally, and began acceelerating. Coming to the tracks, I slow down, and there is a car going ungodly slow over the tracks. After the tracks, I pass the guy by moving into the left fast lane. I then pass him and then move back into the right slow lane. I begin accelarting, going maybe 2-3 miles over the limit. Next thing I know I see a blazer sheriff in my mirror pulling me over.

I do have a radar dectector on my dash, which did not go off, so I knew i was not speeding. The cop came up and told me he needed to see my stuff, and I simply and politely asked how fast I was going. He said after flubbering for a second "Well I don't know but you were going faster than me. Plus I see you have a radar detector so I know you were speeding and I can get you for an improper lane change." I just handed him my stuff and he gave me those two tickets. I go to court soon on a not-guilty plea.

Any ideas on how to defend this? Shold I simply tell the judge what happened and that's be it?

If you're not speeding due to fact that your radar didn't went off, you can use that as a proof. If the police officer gave you a vague reasons why he pulled you over, just simply tell the judge that the police officer isn't being straightforwarded about it. He was simply filling out his qouta and preys on the weak. Dipshit.

[Mustangman25]

How did he get you on illegal lane change? Did you not use your turn signals? You may be able to argue the speeding ticket, but the lane change one would probably be tough.

[Igovert500]

1) The cop can issue a speeding ticket without using radar. All he has to do is say he paced you and you were speeding. His word against yours...who do you think the judge will believe?

2) Cops and judges hate radar detectors. I wouldn't mention it, and hope the cop doesn't either. And next time you get pulled over, my advice would be to discretely hide it under a seat prior to pulling over...if cops see it, you can guarentee they are more likely to write you the ticket rather than simply giving you a warning.

3) Check out www.beatmyspeedingticket.com It has plenty of good advice for court. They have a $30 book, whether you want to buy it and try and use it is up to you. I've heard good things about it, but havn't personally used it yet, so I don't know how great it is for sure.

4) How drastic is the speeding ticket? How fast did he write you were going and how fast was the limit on that road? I would try and go to court and try to get them to reduce the infractions. Many times, the cop or assistant DA will meet with you right before court and try and bargain down the charges to lesser charges. This way, you plead guilty without wasting their time in court. They make some money, and you save some money...everyone wins...kinda. Hopefully, this happens and you can talk your way down to simply paying some fines and not getting any points...because that is the major thing...not the initial fines, but the points that raise your insurance.

Something just doesn't seem right though. Other than the fact that you had the radar detector visible, I don't see why the cop would give you two tickets solely for passing someone. Was it a no-passing zone (ie, solid yellow lines?) Did you not use your blinker? What caught his attention, because the way you tell the story seems to be missing something...I'm not saying your lying...it just doesn't seem to add up. What caught the cops attention initially???

Honestly, in court, I don't think you have much to go on. It will come down to the cops word against yours, and the radar detector will make the judge (and cop) think that you speed regularly and are trying to avoid tickets...so chances are the judge will want to 'teach you your lesson'. Just trying to be honest with you. But good luck...I'd still plead not guilty and try your best to get the charges reduced.

[JustSayGo]

I think you have a chance. My son the criminal speeder checked into the book and determined it isn't worth much accept to the guy who keeps selling it. The cop can not say he paced you in that short of a distance. You asked the best question possible which he failed to answer. Tell the judge that the cop answered you "I don't Know" and then wrote you a ticket for what he doesn't know.

"I see you have a radar detector therefor I know you were speeding" is an assumption born out of prejudice (that many cops hate radar detectors and and a detectors purpose is...).This statement alone tells me this sherriff probably isn't in the top 10% intelligence of the department. It is exactly like saying I see you have pink skin, so I know you chew bubblegum because I have seen pink skin guys chew bubblegum before. He has probably made a fool of himself before the judge in the past. Speak clearly accuratley while making eye contact and you should impress the judge. He can always get you next time if you continue to return.

Radar detectors do not make cars go fast or indicate that they are driven over the speed limit. A decent judge will not think that it does. If the cop brings up the (broken?)radar detector, tell the judge you were not speeding. You know exactly how fast you were going, the cop admitted that he did not.

Yes, discreatly hide it next time. If he sees you hiding it, he has some probable cause to search your vehicle.

Practice refering to lanes by something other than fast, slow, or passing. They are all the same. Your story will sound better that way.

Your word of what you do know is better than what the cop admits he does not. You showed some caution by slowing and not passing on the tracks.

Did the cop explain why it was an unsafe lane change? Did you cause a safety hazard? The way you word it can make the difference. When you questioned the cop on your speed is when he said, "well then I can write you for USLC."

If the cop changes his story when you appear, don't interupt. Wait until he finishes and say "that is not what he (you) told me when he (you) cited me". Say nothing more unless the judge asks you a question. Traffic court can be like a coin toss sometimes.