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Old 03-13-2014, 02:18 AM   #1
Am17
 
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Speeding ticket for 15 over without radar - fight or not?

I just recently got a speeding ticket for supposedly going 15 over the limit. I was coming up to a four way intersection with traffic lights, merging over to the left hand light lane to make a turn. Still had a ways to go before reaching the light so I was cruising to a stop, figuring the light would turn red before I reached the actual intersection. Low and behold it's taking it's sweet time and with not traffic in front of me I dropped shifted into second gear going around 25mph. My car's a simple LS but with the CAI, MRT's and the high-RPM's I'm sure you're all well aware of the grumble these cars are capable of. So I make the turn (albeit quiet sharply) and next thing I know a LEO's hot on my tail telling me to pull over. Apparently he was in the lane adjacent to the turning lane (it's a single lane road splitting off into two once you reach approach the intersection). I'm not entirely sure how capable he was of judging the speed in which I was going (he was in the lane to the right of me going forward, currently waiting for their light to turn green. Ended up with a citation for going 50 in a 35, along with a good scolding. I'm really trying to avoid having any points on my license so I'm debating whether or not I even have a case. I'd definitely be willing to pay for a lawyer if it would mean avoiding these points on my record. Any advice fellow C5'ers?
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Old 03-13-2014, 02:32 AM   #2
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I'm no where near having the ability to give legal advise... but,

I would fight it, preferably with a lawyer. Not sure how the laws are there, but in Ohio an officer can be tested and certified to give speeding citations by judgement of the eye. Can't say I agree with this law nor do I know how it holds up in court
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Old 03-13-2014, 02:41 AM   #3
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My brother got a ticket for doing 73 on I-5 northbound on a 3 lane stretch he was in the middle lane; slow traffic is on the right, fast on the very far left and average traffic in the middle of course the speed limit is 65 but he was following the flow of traffic and this was CHP so of course what you gonna do??? He ate the ticket obviously as he got the ticket in Weed and wasn't about to go to court for something he didn't stand a chance fighting.

TBH unless the officer ABSOLUTELY knew for sure you were doing more than the speed limit I'd say they have no case, but IANAL go ask one and see if they think they can make the case???
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Old 03-13-2014, 05:54 AM   #4
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I wouldn't bother with a lawyer just for speeding. Only get a lawyer if you do something really bad. Go to court and either get the speed reduced so you don't get points or get the driving class.
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Old 03-13-2014, 06:39 AM   #5
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He was probably pacing you. Meaning he could of been in the other lane but holding the same speed as since he was not gaining on you. He probably has you on dash cam so he would bring that, at least we would.
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Old 03-13-2014, 06:39 AM   #6
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In LA and texas you can take defensive driving as long as you are going less than 25 mph over the limit, not in a work/school zone and haven't had a ticket in a year. Just call up the court when you get the packet in the mail and tell them you want to take the class. If you can't do that or don't want to spend the extra $40 for the class schedule a court date and do everything you can to keep moving it (forward, back it doesn't matter). Hope that the cop is out of town or just doesn't feel like dealing with it when the date comes and they will drop it no question asked. I do know the states that allow for a cop to write a citation off of their sight have stood behind those tickets when challenged.
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Old 03-13-2014, 08:06 AM   #7
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Were you doing 15 over?
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Old 03-13-2014, 10:29 AM   #8
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Quote:
Originally Posted by Scott@Bjorn3D View Post
He was probably pacing you. Meaning he could of been in the other lane but holding the same speed as since he was not gaining on you. He probably has you on dash cam so he would bring that, at least we would.
Couldn't have been pacing me. I was far behind him when I merged onto the left lane where he was stopped in traffic. The only time he actually saw me was when I was driving past his car which was at a standstill in traffic.
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Old 03-13-2014, 10:29 AM   #9
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Were you doing 15 over?

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Old 03-13-2014, 10:30 AM   #10
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Quote:
Originally Posted by Scott@Bjorn3D View Post
He was probably pacing you. Meaning he could of been in the other lane but holding the same speed as since he was not gaining on you. He probably has you on dash cam so he would bring that, at least we would.
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Old 03-13-2014, 10:33 AM   #11
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if the cop doesn't have proof you were actually doing 15 over, go to court. See & hear what options you have. you could definitely get it reduced! spend 1 day in drivers improvement school... no biggie. but don't pay it! cuz then it's definitely on your record! Explain to the judge the situation as you were approaching the intersection, be nice, be polite. just my .02
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Old 03-13-2014, 10:35 AM   #12
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after you add up the cost of your increasing insurance premium its prolly worth fighting it or at least going infront of the judge and ask for adjudication withheld and the option to take a safe driving class so no points go on your record

that will keep the insurance company from finding out you got a ticket and save you the money for the atty

ive done it twice in 4 years in the state of florida
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Old 03-13-2014, 11:02 AM   #13
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I don't know if you actually been to traffic court or not, but the officer is usually presumed to be correct by the judge, so just going in with the OP story above won't cut it. I have had the fun experience a few times and unless the cop doesn't show up, you're usually not getting it dismissed, although the judge will often reduce the fee...if you haven't been to traffic school recently, why wouldn't you just take that route, no points show for insurance purposes.
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Old 03-13-2014, 04:19 PM   #14
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Originally Posted by So Cal Camaro View Post
I don't know if you actually been to traffic court or not, but the officer is usually presumed to be correct by the judge, so just going in with the OP story above won't cut it. I have had the fun experience a few times and unless the cop doesn't show up, you're usually not getting it dismissed, although the judge will often reduce the fee...if you haven't been to traffic school recently, why wouldn't you just take that route, no points show for insurance purposes.
Already been to traffic school for an infraction a year ago. California residents can onky atend traffic school every 18 months so I'd much rather try to have this dismissed being that my insurance rates (20 years old) are already so high. I just don't see how he could have estimated my speed being that he couldn't have seen me driving by for more than a single second.
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