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Advice for appealing speeding ticket

iGTI1

Go Kart Champion
Location
Rancho Cuca. Ca
What the title says. I got cited for doing "79" in a 70 zone tonight even though my cruise control was set at 77. Girlfriend was in the car also and knew I wasn't going faster than that.

Smart-ass cop made the remark of saying that it's not a good idea to speed past an officer. He was doing 70 in the FAST lane. Of course I'm going to pass him. I slowed down to 76 when I did, so I have no idea how he supposedly clocked me at 79.

I'm more pissed off that he cited me for a speed that I wasn't doing.

Good luck with that... he can give you a speeding ticket for going 71 on a 70... speeding is speeding and Yes, its not smart passing a police officer going the speed limit no matter what lane his in. LOL- that has so much fail in it :laugh:

But that being said... fight it! best case scenario he doesn't show and you win the case
 

intoflatlines

Drag Race Newbie
Location
Chicagoland
Car(s)
MK7.5 GTI SE 6MT
77 is speeding in a 70MPH zone. So is 73, 72, etc. Why would you even pass a cop when he's driving at the speed limit? The only time I pass a cop on the highway is if he's driving below the speed limit. Pay the ticket you deserved to get and take traffic school so your insurance doesn't go up.
 

copizza

Ready to race!
Location
usa
If you really want to fight it you can. Just going to cost you. Is it really worth the money, hassle etc., or just easier to pay the ticket?

Did it have an automatic reduction of points? If it does, you should just take it.

In all likelihood the cop had everything on camera as well. That usally doesnt help. The DA probably wouldnt drop the charges based on your girlfriend as well as your testimony. You would then have to convince a jury of your innocence.
 

rc0224

Ready to race!
Location
Surrey, BC
Car(s)
VW GOLF MKVI
I had a car tailgate me for like 3 blocks on one of the night, like he really wants a close look on my LED tail =D then end up passing me, turn out it was a cop trying to make me speed. He then decided to go over 80km on a 60 zone, I just follow him in slow lane going 70ish yet stays a distance, never a good idea to pass a cop and end up taking a turn on the next block so i can drive comfortable-ly =D
 

eric8

New member
Location
Dirty South
#1. Call the clerk of court's office and ask for a different trial date (i.e a week later than your original date but on the same day of the week. This will increase the chances the officer may not show up, since it's a new court date he has to remember, plus it could very well be his day off if he works a rotating schedule :D )

#2. If he shows up for court, try to speak with the officer before court begins and plead for a dismissal. Officers can be a little more agreeable if you can pull them aside before court and try to work something out.

#3. If none of these work, ask for a trial and plead not guilty. You will have a chance to tell your side of the story and ask the officer questions in front of the judge. Ask him if he clocked you on radar or pace clocked you (I.e used his vechicle's speedometer to get your speed). If he used radar, ask him to present his certification from the state where he has been trained to operate radar. Ask him if his radar unit undergoes frequent recalibrations, and if so, does he have the paperwork showing the calibration is current. Ask him if he does a tuning fork test on the unit daily to ensure it is working properly. Ask him to explain how he performs the tuning fork test.

If he pace clocked you, ask him to produce records showing where his speedo has been certified. Ask him if he is aware tire circumference, inflation pressure, and tread wear all influence speedometer accuracy. Your job is to attack his credibility and introduce doubt in the judges mind if this officer made a legitimate traffic stop.

Disclaimer: none of this post should be taken as official legal advice. This post is for entertainment purposes only. Please seek appropriate legal counsel from someone licensed in your particular state if you would like legal advice regarding your case. :cool:
 

cacophony555

Ready to race!
Location
Bay Area, CA
Chances are whatever he clocked you at was what you were actually doing. Speedometers are often off a bit. Police are supposed to use equipment that gets calibrated on a regular basis.

You could try to fight it and if the officer fails to show up in court then you'll get off. But if he does show up the judge may take away your chance to go to traffic school so it's a risk.
 

inc55

Go Kart Champion
Location
Chandler, AZ
I cant believe they gave you a ticket for going 9 miles over. What BS. Man they must really need money. Ask to see the officers radar calibration. Sometimes they haven't calibrated them properly and you might be able to use that as a defense.
 

jackgti1

Go Kart Champion
Location
Austin, TX
Car(s)
VW
The only defense move you have is making a court date and hoping he doesn't show up. If he does, take the ticket and move on

Disclaimer: none of this post should be taken as official legal advice. This post is for entertainment purposes only. Please seek appropriate legal counsel from someone licensed in your particular state if you would like legal advice regarding your case. :cool:

are you saying you bs'd all of that? Sounded legit to me
 
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EJBGTIVI

Autocross Champion
Location
Chicagoland
What size wheels and tires are you running? This could definitely have thrown off your speedo reading if not stock.

Also as others have noted, never pass a cop unless he's going under the speed limit.
 

Grownman

Ready to race!
Location
San Jose, CA
Smart-ass cop made the remark of saying that it's not a good idea to speed past an officer. He was doing 70 in the FAST lane. Of course I'm going to pass him. I slowed down to 76 when I did, so I have no idea how he supposedly clocked me at 79.
I'm more pissed off that he cited me for a speed that I wasn't doing.

*What is the posted speed limit?*

1) "Of course I'm going to pass him"
2) "I slowed down to 76 when I did, so I have no idea how he supposedly clocked me at 79"

- Having that mentality will get you into trouble...
- Never pass an officer, unless you're doing the exact posted speed limit.
- You state you slowed down to 76... so are you admitting you were driving faster than 76? :lol:

So much fail here... You were speeding, end of story.


Accept the ticket.

I cant believe they gave you a ticket for going 9 miles over. What BS. Man they must really need money. Ask to see the officers radar calibration. Sometimes they haven't calibrated them properly and you might be able to use that as a defense.

All officers use discretion, most use the +5mph and above = ticket. Just keep in mind 1mph over is subject to a ticket... just that judges will throw it out 99% of the time.

Using the radar calibration records won't ensure that you'll get out of the ticket. However, because radar guns have to be calibrated regularly, it might be worth the effort if you can show that the gun in your case wasn't calibrated properly.
According to the operations manuals that come with police radar, to ensure accuracy every radar unit is supposed to be calibrated with tuning forks before each and every working shift and also before and after being used to detect each speeding violation. The forks used to tune are also sensitive creatures: If not kept in a box protecting them from moisture and jostling, they become inaccurate.
But, if you attend a few traffic court trials, you'll notice that almost all officers of the law swear they calibrated their radar units just before issuing the ticket. What they usually mean is that they flicked on a switch built into the radar unit itself, then switched it back to regular operation.
What is actually required is calibration by tuning fork, and that difference may be important to you. If you ask about calibrating with a tuning fork, and the officer who ticketed you has not testified to doing so, it may be enough to get you off the hook.

<source> http://www.nolo.com/legal-encyclopedia/question-speeding-ticket-radar-calibration-28176.html

The only defense move you have is making a court date and hoping he doesn't show up. If he does, take the ticket and move on
are you saying you bs'd all of that? Sounded legit to me

You can also try this method.
 

inc55

Go Kart Champion
Location
Chandler, AZ
OP you can probably postpone you court date for another year online. I've recently pushed mine back another 5 months. I have two more postponements left. Hopefully he wont be around then.
 
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