just got a speeding ticket
11-15-12, 06:54 AM
#31
Ok I was speeding. Doing about 80 in a 45 on a 4 lane road in freaking aventura. Radar doesn't go off and cop comes out of nowhere. He gives me a ticket but says I was doin 64. I said nothing about about my actual speed.
I had a lawyer for my last ticket this summer and it was thrown out. Same situation except he said I was going faster than I wasn't. So my thing is I got a ticket from a cop who wasn't using radar. What are my chances of beating the case? Can I win it? Or should just pay it?
Thanks
I had a lawyer for my last ticket this summer and it was thrown out. Same situation except he said I was going faster than I wasn't. So my thing is I got a ticket from a cop who wasn't using radar. What are my chances of beating the case? Can I win it? Or should just pay it?
Thanks
11-15-12, 01:26 PM
#32
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Yea that's the plan. I beat ticket before from a estimating cop. I'll let y'all know the outcom
11-15-12, 02:20 PM
#33
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Trial by declaration is another way to contest a citation in Ca. Instead of fighting the ticket and actually showing up to court, with the trial by dec you fill out some forms explaining your side of the incident. The forms are then send to the officer where he has 30 days to respond. After he responds, the documents are reviewed by a judge and a decisions made. If the officer does not respond within 30 days, you win......
11-15-12, 05:46 PM
#34
Ok I was speeding. Doing about 80 in a 45 on a 4 lane road in freaking aventura. Radar doesn't go off and cop comes out of nowhere. He gives me a ticket but says I was doin 64. I said nothing about about my actual speed.
I had a lawyer for my last ticket this summer and it was thrown out. Same situation except he said I was going faster than I wasn't. So my thing is I got a ticket from a cop who wasn't using radar. What are my chances of beating the case? Can I win it? Or should just pay it?
Thanks
I had a lawyer for my last ticket this summer and it was thrown out. Same situation except he said I was going faster than I wasn't. So my thing is I got a ticket from a cop who wasn't using radar. What are my chances of beating the case? Can I win it? Or should just pay it?
Thanks
11-16-12, 05:34 AM
#35
If he didn't get you by radar and you claim that he "came out of nowhere" to ticket you for exactly 64 MPH, then logically he must've gotten you by laser gun.
There are only 3 ways a cop can cite you for speeding: radar, "lidar," or pacing. You claim he didn't use radar and he clearly couldn't have been pacing you if he "came out of nowhere," so obviously he used a laser gun.
And it sounds to me like the cop was probably doing you a huge favor. Citing you for exactly 19 MPH over. 20 MPH+ over the speed limit is considered reckless driving and is grounds for a Class C misdemeanor charge.
There are only 3 ways a cop can cite you for speeding: radar, "lidar," or pacing. You claim he didn't use radar and he clearly couldn't have been pacing you if he "came out of nowhere," so obviously he used a laser gun.
And it sounds to me like the cop was probably doing you a huge favor. Citing you for exactly 19 MPH over. 20 MPH+ over the speed limit is considered reckless driving and is grounds for a Class C misdemeanor charge.
11-16-12, 11:18 AM
#37
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If that's what's meant by a police officer "visually estimating speed," then I haven no problem with this method.
But it's ludicrous to think that an officer merely saying "Oh I've had some training at guessing speeds of vehicles without explicitly computing average speed between two fixed points" can constitute sound evidence in a trial.
I'm sure it's admissible evidence, but I would fully expect such a testimony to be thrown out 100% of the time. Police would have unprecedented and unchecked power if visually estimating speed by nothing but "guessing based on experience" constituted sound (albeit "admissible") evidence.
Here's a relevant article where a federal appeals court completely through out a case that was based on an officer establishing probable cause to stop a vehicle after nothing more than "visually" guessing his speed -
http://www.thenewspaper.com/news/38/3831.asp
My trial is in March and hopefully my lawyer can get it down to a 1 point ticket.
11-16-12, 05:17 PM
#39
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11-16-12, 05:20 PM
#40
11-16-12, 05:24 PM
#41
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If he didn't get you by radar and you claim that he "came out of nowhere" to ticket you for exactly 64 MPH, then logically he must've gotten you by laser gun.
There are only 3 ways a cop can cite you for speeding: radar, "lidar," or pacing. You claim he didn't use radar and he clearly couldn't have been pacing you if he "came out of nowhere," so obviously he used a laser gun.
And it sounds to me like the cop was probably doing you a huge favor. Citing you for exactly 19 MPH over. 20 MPH+ over the speed limit is considered reckless driving and is grounds for a Class C misdemeanor charge.
There are only 3 ways a cop can cite you for speeding: radar, "lidar," or pacing. You claim he didn't use radar and he clearly couldn't have been pacing you if he "came out of nowhere," so obviously he used a laser gun.
And it sounds to me like the cop was probably doing you a huge favor. Citing you for exactly 19 MPH over. 20 MPH+ over the speed limit is considered reckless driving and is grounds for a Class C misdemeanor charge.
11-16-12, 06:07 PM
#42
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As Lobuxracer also said, there are actually 4 methods the police in CA can measure speed. Radar, Lidar, Pace method, and Visual Estimation. Most officers in CA are certified in Visual Estimation +/- 5 MPH of the vehicles actual speed and it is completely allowed in court. Some cops in CA are certified to +/- 2 MPH of a vehicles actual speed. But of course, they have to be certified in it. Just like use of Radar or Lidar. If the Pace method is used, the vehicle must also have an up to date calibration certificate....
11-17-12, 08:19 AM
#43
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wrong time to get a ticket especially in florida. they are expanding court buildings and what not, they need all the money they can get. i work closely with these sysyems in surround states and all i can say is good luck. at least here in NC we have prayer for judgement but even that's a grey area nowadays.
And sorry, but anyone who goes 85 in a 45 deserves a ticket! Just pay it and slow down!
11-17-12, 08:24 AM
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Yeah I just looked it up. VASCAR is a completely reasonable way to visually estimate speed. Wait until car passes a fixed point. Start stopwatch. Stop stopwatch after car has passed fixed point #2 X distance from fixed point #1. Calculate average speed.
If that's what's meant by a police officer "visually estimating speed," then I haven no problem with this method.
http://www.thenewspaper.com/news/38/3831.asp
If that's what's meant by a police officer "visually estimating speed," then I haven no problem with this method.
http://www.thenewspaper.com/news/38/3831.asp
Last edited by Rbtmatt; 11-17-12 at 11:16 AM.
11-17-12, 10:58 AM
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Why to some people think cops write tickets to make money? Although it's true the city gets a small amount for each ticket, a lot of the money goes to different programs to make our roads safer.
And sorry, but anyone who goes 85 in a 45 deserves a ticket! Just pay it and slow down!
And sorry, but anyone who goes 85 in a 45 deserves a ticket! Just pay it and slow down!