I've had more than my share of speeding tickets, but since I have been reduced to living on a single income, I have resolved to pay attention to posted speed limits and have slowed down.
and for a couple of years it worked.
A couple of months ago, my buddy buys a F150 on ebay, and wants me to take him there to pick it up. NP.
My son had just heated up some jenos pizza rolls before we left, and didn't have time to eat them, so he placed them on the center console. The house is on a long winding road, and because of the stupid pizza rolls, I am driving quite conservatively. I drop of buddy, and back out of the driveway. Nobody is comming as I enter the road, but before I place the Truck in gear, I see a car comming over a slight hill, so I accelerate fast enough to stay ahead, but not so fast as to make those pizza rolls roll off the plate into the back seat. (about 35+ mph on the straight parts) I look, but don't see any speed limit signs, so I don't know just how fast this car behind expects to go, but without there being a speed limit sign, I stay at under 40 incase.
The car behind me turns out to be a cop, who pulls me over for doing "close to 40 in a 25" I told him I didn't see any sign, and he returned with "Well it is a residential street, and we don't want people to get hurt". He also said he clocked me stationary, when he couldn't have because he was on my *** the whole time. He also wrote on the ticket I was doing 40, when even he told I was only doing close to 40. As for the "street", it is called Beach RD., there are no sidewalks on it, not many houses are on it, and the ones that are, are set back by a couple hundred feet. There are residential streets that lead off this one, and this Road is the main one people use to get to residentional areas. There are also some businesses on this road.
I contested it simply because 1) he lied when he said I was doing 40, and that he clocked me from a stationary position, and 2) I cannot afford a ticket.
What would be the best way to talk to him about this?
Normally, I would just state my case, but I can't help being upset that he lied, so it will be hard to keep my demeanor.
I mean part of me wants to tell him he is the scum of the earth for picking on me just because my Truck looks like I can afford it.
but obviously, that won't get me anywhere. Well, it will get me somewhere, but not where I would like to go.
How can I keep a straight face and attempt to get this ticket written off?
I hope he doesn't show up so I can talk to the judge, but I doubt that will happen.

I really need a break on this because when I recently went to change my name back, (state denied my property tax credit because the name on the house didn't match my current name) the secretary of state told me my license was supended for a non paid speeding ticket I got back in Nov 1999, and had been since Jan of 2000! I knew I paid it, because that was when I had to pay two tickets (almost $300) in Dec, (Christmas time) and being single I realise that my mistakes would ultimately cost my kids. So then and there, I resolved to pay attention to the speed limits, and have done so ever since.
When I told the Sec of State that I had just gotten a ticket, and asked why the officer never told me I was suspended, she said "He was doing you a favor" I asked her how is that a favor when I didn't even know about this for 3 years?
Anyway, I paid the ticket again, plus a $45 license restoration fee, then went back to the SoS to finish changng my name, and they hit me with a $125 restoration fee! I told her I already paid for that, and showed her the reciept, but she said the state has to charge me on top of that. So basically I ended up getting hit for over $300 just to change my name back so that I can get my property tax credit, that the stupid state disallowed last year.

Obviously I am not in the mood to deal with liars, and I feel they got enough money out of me. I also find it odd, that this 3 year old ticket turns up unpaid after get a ticket from the same district, and the lying cop who would have had the oppertunity to put me in jail (if my suspension was in the system) at that point didn't. Can you say "hmmmmmmmm"?

Any (useful) comments or suggestions?

 

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.

 

ATST,

Did the cop have radar? Or was he following you?

JMC

 

Damn, that sucks! Sorry to hear that.....

I hope he doesn't show, I would say that's probably your only hope.

 

a good point would be the one uk stated; that he said he clocked you stationary, but he was following you the whole time....

 

since when is residential speed limit 25? Around here only school zones are 25 mph.
I present the case the street isn't posted. If got you with radar, ask for copies of the FCC license, calibration records, tuning forks records, his training w/ a radar gun, and I forget what else. If you search the web you'll find a list of all the documents you can ask for and how to approach it. If they send all of them but 1 of the documents, you can claim they have incomplete records for their equipment, and the case *should* be dismissed.

oh, and how can a cop ticket you when you don't have a license? at least he should ask if you know you are driving w/ out a license. This would be another fine point to bring up to discredit the officer.

 

Good points 36fan.
An unmarked street around here is 35mph.
I wondered about the license thing too, and one of the reasons I mentioned it is because the aledged 3 year old unpaid ticket that suddenly showed up is in the same city /district court as the one he works for. How could he not know? unless it wasn't on my record at the time, which would mean somebody did something to the records after I got the ticket. Either way I smell a fish.

JMC, he was following me, and he probably had radar.

 

Mark the ticket guilty w/explination (you were doing close to 40) & write a letter of explination stateing that yes you were doing close to 40 but as the street was not marked w/a speed limit & there are businesses on the street you did not think it was a residentional street. Probably best not to mention that the cop was not stationary, it may sound like you're being pissy. Remember that this will go to the courts not the officer.

I did this for a ticket for parking over the driveway at my inlaws house. I wrote a letter stating that I was parked that way but I was picking up my infant daughter, who has to sit behind the driver seat & I didn't feel safe putting her in the car from the road (the street is narrower than normal). They ended up waiving the ticket.

 

Letters to judges from me have worked in the past, but that is when you can write the judge directly. I won't likely be in contact with a judge before the hearing.
This is an informal hearing, and I am reasonably sure the cop will want to arrange an agreement before hand. If we don't come to an agreement, then I think we go to trial.
Some district courst even have a Magistrate do the hearing if you do come to an agreement, because the judges are so busy.
Guilty with explaination works in some cases, but not with speeding tickets unless you were drivng a dying passenger.

 

WEll, your pizza rolls were on the verge of getting cold.

 

ATST,

Check out the following as it has some pointers on radar. http://copradar.com/preview/chapt7/ch7d2.html#ceffect

JMC

 

Your pretty much sol. There isn't no way you can deny you weren't running fourty miles an hour. Something similar happen to my friend one time. They didn't even give him a chance to plead his case. When the Judge says how fast were you going 40 miles an hour in a 25. You will have to say yes. Well then he will say your guilty and tell you to pay up. Sorry

 

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.

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.

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.

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 !!

 

What judge is going to see him in the first place. You can't argue something like a speeding ticket. Its his word against a officer of the law. I wonder who they will believe His best bet is to pay the fine and let everything go. You will just end up sitting in a room with a bunch of people for a long time and then get told to pay the fine.

 

Well, that means there is "some" hope. 00.01%

Have to look on the bright side...