'nother speeding ticket
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From: Largo, FL
Originally posted by LE PEW
The first thing I would do is change the court date. Cops usually take one day out of the month to be in court for tickets so if you can show up to court when he's not there you can adjourn and get another date in court. If you can do this two or three times you politely ask the judge to dismiss the ticket because of the hardship you've endured by showing when the cop does'nt.
The courts assign the date and time for court appearances, officers can ask for it to be rescheduled if there is a conflict in his/her schedule.
Also you might consider filing for disclosure of evidence. Ask to see the cops records in regards to radar operation training, the type and model of the radar he used, the last time it was calibrated, and anything else that is relevant to your case including his notes for the time of the offense. You are entitled to all that info. This not only will buy you time (they will never have the information ready for you by the court date so it's an automatic adjournment for that date) but also when you show up to court you can tell the prosecutor that you have already filed for disclosure of evidence and you intend to fight the case, this will be incentive for him to give you a plea to a lesser charge cuz the municipal courts would rather get some sure money from you rather than risking to loose it all.
In FL, we present our radar/laser certification, radar log, and radar calibration in court. The only thing that can be disclosed prior is our notes, if any, for the citation. The officer could have just used a certified speedometer in his cruiser and not radar. We write the radar number on the citation if it is a radar ticket.
The courts try to wear you down until you pay up but you can do the same to them. I've skipped out on big tickets and had some reduced to a small fine with an offence that is not a moving violation too. I fight every ticket I get and advise all of you all to do the same too. If anything you at least get that cop off the street for another day.
Yeah, the extra overtime for court is terrible.
The courts are a funny thing, winning a case has nothing to do with being guilty or innocent. It all has to do with how you are able use the system. They want your money and if you know how to use the system to your advantage you wont have to fork it over.
BTW, if you look for info regarding tickets on the internet you'll find tons of stuff ........ and then some too!!
Good luck, arm yourself with knowledge and you might plea down to a lesser charge or maybe even dodge the ticket altogether.
Stick it o the man !!
The first thing I would do is change the court date. Cops usually take one day out of the month to be in court for tickets so if you can show up to court when he's not there you can adjourn and get another date in court. If you can do this two or three times you politely ask the judge to dismiss the ticket because of the hardship you've endured by showing when the cop does'nt.
The courts assign the date and time for court appearances, officers can ask for it to be rescheduled if there is a conflict in his/her schedule.
Also you might consider filing for disclosure of evidence. Ask to see the cops records in regards to radar operation training, the type and model of the radar he used, the last time it was calibrated, and anything else that is relevant to your case including his notes for the time of the offense. You are entitled to all that info. This not only will buy you time (they will never have the information ready for you by the court date so it's an automatic adjournment for that date) but also when you show up to court you can tell the prosecutor that you have already filed for disclosure of evidence and you intend to fight the case, this will be incentive for him to give you a plea to a lesser charge cuz the municipal courts would rather get some sure money from you rather than risking to loose it all.
In FL, we present our radar/laser certification, radar log, and radar calibration in court. The only thing that can be disclosed prior is our notes, if any, for the citation. The officer could have just used a certified speedometer in his cruiser and not radar. We write the radar number on the citation if it is a radar ticket.
The courts try to wear you down until you pay up but you can do the same to them. I've skipped out on big tickets and had some reduced to a small fine with an offence that is not a moving violation too. I fight every ticket I get and advise all of you all to do the same too. If anything you at least get that cop off the street for another day.
Yeah, the extra overtime for court is terrible.
The courts are a funny thing, winning a case has nothing to do with being guilty or innocent. It all has to do with how you are able use the system. They want your money and if you know how to use the system to your advantage you wont have to fork it over.
BTW, if you look for info regarding tickets on the internet you'll find tons of stuff ........ and then some too!!
Good luck, arm yourself with knowledge and you might plea down to a lesser charge or maybe even dodge the ticket altogether.
Stick it o the man !!
Here in FL, we have to show 1) certification to operate radar/laser, 2) radar log showing the radar was tested before and after ticket, and 3) radar calibration, done within 6 months of ticket date. That is it, there is NO FCC license. These documents are submitted to the judge/magistrate during the trial. If the officer used a calibrated/certified speedometer, then we submit the most recent speedo calibration, ours is done once per year.
I'm definately not taking his side, I can see some inconsistencies there. I'm just trying to give you all the facts before ypou decide how the handle it.
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From: NH
Slapshot:
I agree with basically what you said except “perjury” I don’t think there are many courts, if any at all that really give a crap about perjury. Even if they know your doing it they just ignore it since for one thing they really can not prove it, and second they really just don’t give a damn and it is basically a given just about everyone that walks through the door is going to do it.
If one was to find themselves in a situation where a judge got a little pissy about you commenting perjury you can always tell him “What an X-President can do it but I can’t, WTF”
I agree with basically what you said except “perjury” I don’t think there are many courts, if any at all that really give a crap about perjury. Even if they know your doing it they just ignore it since for one thing they really can not prove it, and second they really just don’t give a damn and it is basically a given just about everyone that walks through the door is going to do it.
If one was to find themselves in a situation where a judge got a little pissy about you commenting perjury you can always tell him “What an X-President can do it but I can’t, WTF”
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From: Florida
Originally posted by 01 XLT Sport
I agree with basically what you said except “perjury” I don’t think there are many courts, if any at all that really give a crap about perjury. ..... you can always tell him “What an X-President can do it but I can’t, WTF”
I agree with basically what you said except “perjury” I don’t think there are many courts, if any at all that really give a crap about perjury. ..... you can always tell him “What an X-President can do it but I can’t, WTF”
Because perjury is not often prosecuted (it actually is prosecuted pretty often, but its a civil offense in most states), makes it ok to break teh law and lie in court? Nice. If your kids figure out that you don't often punish them for telling white lies, does that make it okay for them to lie to you all the time?
Make that President analogy in a Court of Law and watch youreselff be found in Contempt of Court and acessed a fine in RECORD time...
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From: Hollywood, CA
Originally posted by IL6fan
Hate to say this, but I think you're screwed. I have attempted to fight tickets and when it is you against the officer, you lose 99.99% of the time. Did you have anybody else in the car with you? Maybe a witness would help out. Otherwise, I'm afraid you might have to bite the bullet so to speak.
Hate to say this, but I think you're screwed. I have attempted to fight tickets and when it is you against the officer, you lose 99.99% of the time. Did you have anybody else in the car with you? Maybe a witness would help out. Otherwise, I'm afraid you might have to bite the bullet so to speak.
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From: Nu Joizey
Let me clarify myself lest I offend someone who's not on the receiving end of a ticket. I only suggested strategies that have been successful for me in the past, in this state. Obviously laws will vary from state to state.
My intention is encourage people to at least investigate any viable options they may have. I certainly dont suggest that you perjur yourself in court because even if you're not called on it, the judge knows when you're lying and that will destroy any chance you might of had for receiving leniency or compassion from that judge.
Dont just hand your money over without at least trying when you might actually have a snowball's chance in hell. It's your perogative to look into it first. If you just pay the ticket without looking for an out you may as well throw your hands in the air and adopt the French mindset of giving up before even trying.
Do what you want, but I wont sheepishly pay a ticket if I think I have a fighting chance ...... no matter how small it may be. Besides, the few times I've been to traffic court have been a real education on how such things work. I wont mention anything about all those taxes you pay going towards certain agencies either.
The way you describe the events that transpired and the way the ticket is written makes it clear to me that it is not 100% accurate so you do have an honest and legitimate defense. Whether or not the courts see it that way is another thing altogether. It's not like you'll be fabricating a story.
Good luck whatever you decide to do.
My intention is encourage people to at least investigate any viable options they may have. I certainly dont suggest that you perjur yourself in court because even if you're not called on it, the judge knows when you're lying and that will destroy any chance you might of had for receiving leniency or compassion from that judge.
Dont just hand your money over without at least trying when you might actually have a snowball's chance in hell. It's your perogative to look into it first. If you just pay the ticket without looking for an out you may as well throw your hands in the air and adopt the French mindset of giving up before even trying.
Do what you want, but I wont sheepishly pay a ticket if I think I have a fighting chance ...... no matter how small it may be. Besides, the few times I've been to traffic court have been a real education on how such things work. I wont mention anything about all those taxes you pay going towards certain agencies either.
The way you describe the events that transpired and the way the ticket is written makes it clear to me that it is not 100% accurate so you do have an honest and legitimate defense. Whether or not the courts see it that way is another thing altogether. It's not like you'll be fabricating a story.
Good luck whatever you decide to do.
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From: NH
Originally posted by pw1981
What a winning attitude and legal strategy!
Because perjury is not often prosecuted (it actually is prosecuted pretty often, but its a civil offense in most states), makes it ok to break teh law and lie in court? Nice. If your kids figure out that you don't often punish them for telling white lies, does that make it okay for them to lie to you all the time?
Make that President analogy in a Court of Law and watch youreselff be found in Contempt of Court and acessed a fine in RECORD time...
What a winning attitude and legal strategy!
Because perjury is not often prosecuted (it actually is prosecuted pretty often, but its a civil offense in most states), makes it ok to break teh law and lie in court? Nice. If your kids figure out that you don't often punish them for telling white lies, does that make it okay for them to lie to you all the time?
Make that President analogy in a Court of Law and watch youreselff be found in Contempt of Court and acessed a fine in RECORD time...
Well, actually it is NOT prosecuted often, extremely rare. Is it illegal to do? Absolutely, so is jay-walking and you don’t see many people in court for that, even when they do it right in front of a police officer.
Perjury is very hard to prove in court, trust me I have personal experience with it. Myself, when having to go through court, either due to divorce or other when the X and her boyfriend tried on 3 occasions to have me charged with things such as assault, stocking and criminal threaten all of which were dismissed due to the fact that not only was my family there to testify on my behalf but 7 members of my X’s family.
The funny part is the X and her boyfriend was not too bright. On each of those occasions I was with either someone in my family or her family and thus they testified to that fact and the judge basically laughed at them (the X and her boyfriend). The judge went on to further tell them after the third time if they did it again they would be charged with, I can not remember, but something to do with wasting the courts time.
All three of those occasions, the criminal court, were more serious then any speeding ticket and the X and her boyfriend were absolutely proven to have committed perjury. They said I did something, after being sworn in, and then two to three people I was with, one being a police officer tells the judge FALSE, he was with us at the time etc.
Like I said in most courts perjury is not considered any worse then jaywalking. Will they prosecute someone for it? Maybe if it is done during a murder trial or something, other then that they see any reason to bother with it.
When I asked the judge after the third time, of what I thought was being harassing from the X and her boyfriend if he would charge them with perjury, he just kind of laughed and said, just be lucky you were with someone and that the case had been dismissed.
The reason the X and her boyfriend kept doing what they did was because I was NOT about to just walk away from my daughter, which is what they both had hoped would happen, that I would leave this state and move back to my home state.
In any case criminal court facts matter, perjury maybe to no. Divorce court is ALL perception, there is no such thing as perjury in a divorce court. Facts have very little weight in divorce court unless it is on video.
So in conclusion, if someone were speeding say 40mph, then told the judge they were only doing 30 – 35mph it is NOT perjury, it is ones perception from another’s. Do not forget that no radar, no speed odometer is 100% correct. Mine can say 35mph from the factory and the police officers may say 40mph. There is tolerances in everything, the speed odometer itself, tire height will affect it etc.
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From: Largo, FL
Originally posted by LE PEW
Obviously laws will vary from state to state.
The way you describe the events that transpired and the way the ticket is written makes it clear to me that it is not 100% accurate so you do have an honest and legitimate defense. Whether or not the courts see it that way is another thing altogether. It's not like you'll be fabricating a story.
Good luck whatever you decide to do.
Obviously laws will vary from state to state.
The way you describe the events that transpired and the way the ticket is written makes it clear to me that it is not 100% accurate so you do have an honest and legitimate defense. Whether or not the courts see it that way is another thing altogether. It's not like you'll be fabricating a story.
Good luck whatever you decide to do.
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From: Florida
Originally posted by 01 XLT Sport
...Mine can say 35mph from the factory and the police officers may say 40mph. There is tolerances in everything, the speed odometer itself, tire height will affect it etc.
...Mine can say 35mph from the factory and the police officers may say 40mph. There is tolerances in everything, the speed odometer itself, tire height will affect it etc.
Also, perjury IS prosecuted more than you think. You are right that its rare, but its especially rare in divorce cases. People lie back and forth like crazy in divorce cases and courts have better things to do. Lie in a criminal trial and see what happens?
FWIW, I have helped serve warrants for perjury in the past, so don't tell me its not prosecuted. Also, on a similar note, police use jaywalking ALL THE TIME as a valid charge with which to stop and talk to suspected hookers, drug dealers/buyers, etc. But when arrests for bigger crimes are made, the jaywalking citation usually is not written and thus statistics do not show the citations.
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From: NH
Originally posted by pw1981
You are right that its rare, but its especially rare in divorce cases. People lie back and forth like crazy in divorce cases and courts have better things to do. Lie in a criminal trial and see what happens?
You are right that its rare, but its especially rare in divorce cases. People lie back and forth like crazy in divorce cases and courts have better things to do. Lie in a criminal trial and see what happens?
Also as I stated if it was something of real importance, like maybe a murder I would think the court would go after it, other then that not very often at all. To many old ladies spilling hot coffee all over their nasty self and sueing for millions may be one on the reasons.
Courts in a lot of cases have become jokes, mostly due to slime bag lawyers sucking money out of who ever they can get it from. Have to admit must be a great job because lawyers make money regardless if they win or lose.
In any case regardless of what the police bring in for evidence as far as radar or what ever, if it is within 5mph or so of what they say you were doing, good chance of getting the ticket reduced or thrown out, unless of course someone has a lot of tickets.
Speedo's from the factory on regular cars/trucks are not perfect and a "smart" judge will know that. Question is if you get some dump @ss judge they don't seem to know much unless the lawyer explains it to them, then you might be out of luck.
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From: Michigan Rocks and then some too!!!
The short version:
I went, and pled "not responsable"
I told the judge of my actions and events.
The judge then asked how I got to where I was.
I told him the reverse of how I left.
He then said even though there was no posted limit on my leaving, that there was a posted limit on my arrival, and I should have remembered what that limit was.
The hammer went down and I was proclaimed "responsable"
I am appealing.
Next up: pre-trial.
If I appeal that, it will go to trial.
Remember when I said the cop told me I was almost doing 40? then he writes on the ticket that I was doing 40? He told the judge I was doing over 40. Basically, he was never specific, and the speed seems to change when it suits him.
The bottom line is I was doing 38 (I looked) in what I thought was a 35 (I looked and didn't see a sign) and I don't see that as a 2 point offense.
As far as the purjury issue, I am not a liar, and never have been, but I sure as hell know right from wrong. Cops and lawyers on the otherhand lie like a sick dog in court and always seem to get away with it.
I went, and pled "not responsable"
I told the judge of my actions and events.
The judge then asked how I got to where I was.
I told him the reverse of how I left.
He then said even though there was no posted limit on my leaving, that there was a posted limit on my arrival, and I should have remembered what that limit was.
The hammer went down and I was proclaimed "responsable"
I am appealing.
Next up: pre-trial.
If I appeal that, it will go to trial.
Remember when I said the cop told me I was almost doing 40? then he writes on the ticket that I was doing 40? He told the judge I was doing over 40. Basically, he was never specific, and the speed seems to change when it suits him.
The bottom line is I was doing 38 (I looked) in what I thought was a 35 (I looked and didn't see a sign) and I don't see that as a 2 point offense.
As far as the purjury issue, I am not a liar, and never have been, but I sure as hell know right from wrong. Cops and lawyers on the otherhand lie like a sick dog in court and always seem to get away with it.