Need Speeding Ticket Help

[ZekeZeke14]

I got a speeding ticket a few weeks back. The cop cited me as going 100 in a 65, estimated. And fined me $350. Then tacked on "failure to keep right" for another $100....Making the total fine $450!
The thing is, when I speed I tend to keep a very close watch out for cops. I'm a young guy, so I saw this cop about a 1/4 mile away (I was coming down a large hill and he was waiting at the bottom). Naturally, I slowed down to 65 long before I got anywhere near the cop car (I was only going 85 or so). As I passed him, I noticed he had a radar pointed at the road.
However, on the ticket, he wrote down that the speed he calculated was only estimated. From this, I can deduce that I had managed to slow down to the speed limit by the time I came within the range of his radar.

When I first noticed the cop, I did not stomp on the brakes, but slowed down slowly because I had seen him so early I figured I had plenty of time. Perhaps because I slowed down for so long he thought I was going faster than I was (like the 100 mph he wrote on the ticket).

I admit to speeding, yet the ticket itself is incorrect. I appealed it obviously (do not have enough money to throw it around like that). Is there any chance I might be able to not argue that I was not speeding, but merely argue that the ticket is incorrect?

Any help is appreciated guys, looking for a good defense I can argue. And please no derogatory remarks I cannot tell you how much I regret this already, I don't need other people bashing me as well. Just looking for help. Thanks

[The Stig]

Lawyer up. Period. If you're looking to fighting it, which I am guessing you are you need a lawyer. Spend $450 on a good lawyer rather than the ticket. It will save you thousands in insurance premiums.

[Banshee]

Most, if not all officers who run LIDAR or radar have to be proficient at estimating speed as part of their training for the use of any speed measuring equipment, particularly LIDAR.

Estimation of your speed is a precursor (actually mandated) in order to "tag" a car using LIDAR. In essence, when I testify, I have to state that I observed you passing cars and or were approaching faster than other traffic and I estimated you traveling at 95-105 mph, I then acquired the target vehicle with my LIDAR unit which relayed a read of 108 mph at xxx.x feet.

The range on LIDAR depends on terrain...even fog or rain. I have had hits as far as 1300 feet, further on long stretches. 1/4 mile is well within any LIDAR or Radar unit.

[2ndgenz28]

plead not guilty and make them set up a trial date, you can then and only then after pleading not guilty in open court, talk to the prosecutor and try to haggle it out with him. Most common to ask is no points but pay full fine [they just want your money] if you can't get no ground with him alone, go get a lawyer and get ready for court. In the mean time your lawyer will go talk to him and 90% of the time they will do what ever to avoid the cost of a trial, that will only cost them a bunch of money to get a little out of you.

Id just go after the no points n pay what ever, no money is easier to fix then a driving record.

[Banshee]

It's a civil infraction...and secondly, the officer, NOT the prosecutor can only make a "deal".

Secondly, as I said...civil infraction, you typically can't lawyer up until your case is heard by a magistrate.

Cost of a trial? It's a bench trial (heard by a judge) and that's what our tax dollars pay for. Bench trials occur every time a speeding ticket is heard. If your talking about a jury trial, thats money...and again, no civil infractions are heard by jury trials.

[MaRoFreK]

I know In my County the City offers a Class for First time offenders. You go to the class pay you're fine and no points are takin off you're licence and its not reported to you're insurance. You might wanna see if they have anything like that.

[OUR72GTO]

" when I speed ".......there's your problem.

[ZekeZeke14]

Banshee, your response was really helpful. Do you think although he wrote estimated on the ticket, he will use proof from the radar in court? Also, I heard that police radars cannot catch an individual vehicles speed, but all vehicles on the road at the time. From that distance, is it possible for me to argue that the radar is not reliable in estimating my specific speed?

I have appealed a ticket in court before and got off completely free because the cop chose not to show up at the courthouse. More and more it's looking like thats my only chance to avoid having to pay. Here's to hoping he has a very good night and bad morning

[ZekeZeke14]

[SILVERHAWK]

Originally Posted by Banshee

Most, if not all officers who run LIDAR or radar have to be proficient at estimating speed as part of their training for the use of any speed measuring equipment, particularly LIDAR.

Estimation of your speed is a precursor (actually mandated) in order to "tag" a car using LIDAR. In essence, when I testify, I have to state that I observed you passing cars and or were approaching faster than other traffic and I estimated you traveling at 95-105 mph, I then acquired the target vehicle with my LIDAR unit which relayed a read of 108 mph at xxx.x feet.

The range on LIDAR depends on terrain...even fog or rain. I have had hits as far as 1300 feet, further on long stretches. 1/4 mile is well within any LIDAR or Radar unit.

OP, yeah he's exactly right, and even if I didn't get an exact reading or clocked you I could articulate a violation (Unsafe Speed) based on your high rate of speed. LIDAR is BAD A-- here in my State I've had shots up to 2200 ft (its pretty flat here) Good luck maybe you will get lucky.

[Drago77]

(At risk of pi$$ing off all my coworkers)... ask for a trial... fighting the ticket itself is not the issue, but for starters, in the (very unlikely ).chance the.officer can't make it, the ticket will.be.dropped. if he does show, plead "no contest" ask for the points to be withheld, and pay the fine. Man up to the charge- in my experience, those who own up and accept the consiquences receive a lighter fine and points withheld... assuming your records decent. My wife recently got cited, and waited until.actually receiving the ticket before speaking up.... anyway, we opted for her to take a drivig class. Reduced fine (not by much) and she did the 4 hr class on the computer. With holds the.pioints from her license (and my insurance!)

I don't reccomend lawyers.... your gonna pay them, AND the ticket to do the exact same thing you can do yourself. If your really concerned (and can afford the time) sit in on a court date the week before yours to get an idea of how your judges react... Good luck! In the future- find a rabbit.and let him run, then stay back about 1/4 mile... especially if its a Ford, nothing wrong with a sacraficial.lamb!

[Mr_Draco]

Originally Posted by ZekeZeke14

Also, I heard that police radars cannot catch an individual vehicles speed, but all vehicles on the road at the time. From that distance, is it possible for me to argue that the radar is not reliable in estimating my specific speed?

No. That's not the way current radar tech works not to mention most agencies use Lidar now instead of radar which only works on the vehicle it is aimed at.

[Number 3]

LOL, I was only going "85 OR SO". So he basically estimated your speed pretty accurately.

I've always paid my dues. I've only challenged one ticket. I've been let off so many times with a truly friendly warning or request to watch my speed that the few times I've been cited I simply pay. And only once has it ever been trumped up, in fact every citation I've ever received except that one (maybe 4 total over the years) was for much less than actual. I was always guilty, I did the crime so I paid the fine. Only once did I go infront of a magistrate and I can tell you that use of technical calculations to show the officer was "exagerating" did me no favors. And by the way, the rear tires on my Grand National did spin and the car did get sideways. It was only the 45 in a 25 part that I challenged. End of the day, slightly reduced but that was it.

All that being said, you've been given a lot of good advice. But from my experience and from that of the others I've known that have gone to court, claiming the officer was wrong isn't likely going to get you much. As stated, officers are proficient at estimating speed as you have already told us. A judge knows this quite well.

However your story does ring a bell for me. Many years ago in Iowa, I was on some two lane highways and going much faster than I should have. I crested a hill with that "funny feeling" so I let off on the gas. Cresting the next hill coming toward me was another car. I couldn't see what it was. I'm still slowing down at this point, coasting in fact. I still can't see what the car is. Then it pulled over to the side. At this point I can now see it is a police car. I'm still coasting. The officer gets out of the car and straddles the center line with his arms crossed. So I simply get to where he is and pull over. Cited for 10 over, a generous kindness to me. Paid in full and moved on. But I still laugh at the picture of that officer standing in the middle of the road with his arms crossed.

[2ndgenz28]

I thought tickets of 100MPH and over was a jailable offence, as to which its then crminal, not civil.