Dumb ticket.
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Senior Member
Joined: Mar 2000
Posts: 4,297
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From: Clifton, NJ, USA
Dumb ticket.
I got a careless driving ticket yesterday on the way home from work. Bah!
The reason?...to quote:
"I could tell by the sound of your engine and how loud it was whining that you were driving too fast through that intersection."...
Oh well.
lol...
Daniel
The reason?...to quote:
"I could tell by the sound of your engine and how loud it was whining that you were driving too fast through that intersection."...
Oh well.
lol... Daniel
Senior Member
Joined: Jun 2000
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From: Monrovia, CA
Jeez, you got a ticket because he thought you were going too fast because of the noise level? 
That one will get tossed...
That one will get tossed...
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Senior Member
Joined: Mar 1999
Posts: 3,619
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From: New Orleans
Thats a new one , a "sonar ticket".
Yes, your honor, i heard the defendant approach the intersection, and had his ticket waiting for him. He must have been expecting it, because he grabbed it out of my hand, and said "Yea, that's the ticket". these trained police ears say he was doing 44 in a 35, as i've been listening to vehicles for a long time, or something
Yes, your honor, i heard the defendant approach the intersection, and had his ticket waiting for him. He must have been expecting it, because he grabbed it out of my hand, and said "Yea, that's the ticket". these trained police ears say he was doing 44 in a 35, as i've been listening to vehicles for a long time, or something
Senior Member
Joined: Nov 2001
Posts: 127
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From: Northern Virginia
Just PO'd the cop
Most resent & can't afford Lightnings... so they take it out on the rest of society...
You didn't give a whole lot of details... Nevertheless, I'll pontificate.
1 - ALWAYS ask for a warning. What's the worst that can happen ?
2 - Were I you, I would make some recordings of traffic, and your truck specifically at idle, part throttle, WFO etc... At least a dozen sound clips, including 1 with a gradually increasing throttle setting. Introduce the sound files as evidence, and on X examination, make the officer say stop when it's too loud. Index the RPM's to the sound. Chances are, he won't be able to identify accurately engine speed & how that would correlate to the gear ratios in the truck. That's call (pay attention, there'll be a quiz) Reasonable Doubt . Don't forget to make the cop give his position, traffic conditions, windows up or down, location relative to the intersection etc... Anything that will introduce doubt. Don't have the sound player right next to the cop either, play the sound files as far away from the cop as you can get away with in court, he'll never be able to tell.
3 - Don't try to use his 'quote against him' in court. Traffic cops testimony is considered 'expert witness' testimony. Merely go over the points of the stop. DO NOT identify yourself as the driver. IF he does not do so either, ensure that the 'prosecution rests' and move to dismiss. IF they rest, no further testimony can be entered and without an id, there's no chance for a conviction (on appeal). DO not answer if the judge asks if 'this is your signature'.
4 - go to www.motorists.org , the NMA. They have lots of traffic ticket beating strategies, and yours sounds pretty beatable.
Good luck, keep us updated.
You didn't give a whole lot of details... Nevertheless, I'll pontificate.
1 - ALWAYS ask for a warning. What's the worst that can happen ?
2 - Were I you, I would make some recordings of traffic, and your truck specifically at idle, part throttle, WFO etc... At least a dozen sound clips, including 1 with a gradually increasing throttle setting. Introduce the sound files as evidence, and on X examination, make the officer say stop when it's too loud. Index the RPM's to the sound. Chances are, he won't be able to identify accurately engine speed & how that would correlate to the gear ratios in the truck. That's call (pay attention, there'll be a quiz) Reasonable Doubt . Don't forget to make the cop give his position, traffic conditions, windows up or down, location relative to the intersection etc... Anything that will introduce doubt. Don't have the sound player right next to the cop either, play the sound files as far away from the cop as you can get away with in court, he'll never be able to tell.
3 - Don't try to use his 'quote against him' in court. Traffic cops testimony is considered 'expert witness' testimony. Merely go over the points of the stop. DO NOT identify yourself as the driver. IF he does not do so either, ensure that the 'prosecution rests' and move to dismiss. IF they rest, no further testimony can be entered and without an id, there's no chance for a conviction (on appeal). DO not answer if the judge asks if 'this is your signature'.
4 - go to www.motorists.org , the NMA. They have lots of traffic ticket beating strategies, and yours sounds pretty beatable.
Good luck, keep us updated.
Senior Member
Joined: Jul 1999
Posts: 677
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From: Canton, MI, USA
Pawn,
Fight this one. It sounds like the cop didn't have his ducks in a row to nail you with speeding (radar, pacing) and just made something up to get you for something.
In Michigan Careless Driving gets you three points, same as a 15 mph over ticket. The judge will hopefully think the cop needs something more concrete than "noise" to clip you that bad.
Fight this one. It sounds like the cop didn't have his ducks in a row to nail you with speeding (radar, pacing) and just made something up to get you for something.
In Michigan Careless Driving gets you three points, same as a 15 mph over ticket. The judge will hopefully think the cop needs something more concrete than "noise" to clip you that bad.
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Senior Member
Joined: Mar 2000
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From: Clifton, NJ, USA
Heheh, thanks for the posts guys...
I hadn't originally though of fighting this one (carless in NJ is $78+2 points)...but I may... lawyer's cost $500 on average around here...doing that whole taping the engine noises and stuff is far more work then I think the ticket is worth.
I might just talk to a lawyer, see what he things the chances are of getting it to be "unsafe operation of a motor vehicle" which is no points but like $125... I got a speeding ticket back in October, so I've got 2 points right now.
The intersection is a 25mph speedlimit, so odds are, I was "speeding", but probably only like 30-35mph...The details:
I was at a red light. Other side of intersection were two double parked cars (one of them turns out to be mr. officers unmarked car). Light turns green (no cars on other side of road), I accelerate and go around double parked cars, as I go around cars, I see said officer going back to his. I hit next redlight and suddenly see wig-wags behind me. *roll* ...
That was the extent of it... he was walking back to his car when I passed him. He also said I "crossed the double yellow lines a bit", but when you have to GO AROUND two double-parked cars, its the only place to be...without crossing, you can get past them....
Anyway, I'll try talking to a lawyer, but I don't have the time to spend to fight it on my own... its not THAT severe of a ticket, it would only screw me up if I get another ticket real soon...because of the points.
Daniel
I hadn't originally though of fighting this one (carless in NJ is $78+2 points)...but I may... lawyer's cost $500 on average around here...doing that whole taping the engine noises and stuff is far more work then I think the ticket is worth.
I might just talk to a lawyer, see what he things the chances are of getting it to be "unsafe operation of a motor vehicle" which is no points but like $125... I got a speeding ticket back in October, so I've got 2 points right now.
The intersection is a 25mph speedlimit, so odds are, I was "speeding", but probably only like 30-35mph...The details:
I was at a red light. Other side of intersection were two double parked cars (one of them turns out to be mr. officers unmarked car). Light turns green (no cars on other side of road), I accelerate and go around double parked cars, as I go around cars, I see said officer going back to his. I hit next redlight and suddenly see wig-wags behind me. *roll* ...
That was the extent of it... he was walking back to his car when I passed him. He also said I "crossed the double yellow lines a bit", but when you have to GO AROUND two double-parked cars, its the only place to be...without crossing, you can get past them....
Anyway, I'll try talking to a lawyer, but I don't have the time to spend to fight it on my own... its not THAT severe of a ticket, it would only screw me up if I get another ticket real soon...because of the points.
Daniel
Senior Member
Joined: Apr 2000
Posts: 1,823
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From: Hollywood, CA
On average, one out of every three traffic violations that is fought in court is won, this includes all offenses. I had court yesterday morning for a reckless driving, and I got out of it, I have one day of driving school and a clean record. 
This is great. Even if you can't afford a lawyer, go to court and tell them your side of the story, remember to be a kiss-@$$ while talking to the judge, and it should turn out okay for you. Good luck, post back what happens!
This is great. Even if you can't afford a lawyer, go to court and tell them your side of the story, remember to be a kiss-@$$ while talking to the judge, and it should turn out okay for you. Good luck, post back what happens!
