Speeding ticket with my new IS
09-14-11, 09:48 PM
#1
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Speeding ticket with my new IS
I received a ticket tonight and I'm usually not a whiny person. However, this one ticket is ticking me off.
The thing that makes me mad is that I was on cruise control @ 60mph. Granted the zone limit is 50mph, but I have always heard that you should be safe going within 10mph of the speeding limit. Adding to it, I was the only one on the road at 11pm. The officer said I was going much faster than 60mph, however, he was only going to put 60mph on the ticket so I would get the minimal fine.
Should I fight this in court or accept the ticket? I paid all my tickets in the past because I did speed, but this one ticket I swear I was going 60 mph on the highway being the only car.
The thing that makes me mad is that I was on cruise control @ 60mph. Granted the zone limit is 50mph, but I have always heard that you should be safe going within 10mph of the speeding limit. Adding to it, I was the only one on the road at 11pm. The officer said I was going much faster than 60mph, however, he was only going to put 60mph on the ticket so I would get the minimal fine.
Should I fight this in court or accept the ticket? I paid all my tickets in the past because I did speed, but this one ticket I swear I was going 60 mph on the highway being the only car.
09-14-11, 10:02 PM
#5
Cops usually allow 10 MPH over the speed limit on major interstates or major highways where the legal speed limit is at least 60 MPH.
For everything else, they typically only allow up to 5 MPH over the limit. Of course it varies but this is a good general rule of thumb to follow.
Personally I no longer follow these "de facto" speed limit "rules" (of thumb). I go exactly the speed limit these days.
If you haven't taken defensive driving within the past year, you should request defensive driving so no points go on your driving record.
For everything else, they typically only allow up to 5 MPH over the limit. Of course it varies but this is a good general rule of thumb to follow.
Personally I no longer follow these "de facto" speed limit "rules" (of thumb). I go exactly the speed limit these days.
If you haven't taken defensive driving within the past year, you should request defensive driving so no points go on your driving record.
09-14-11, 10:08 PM
#7
It's basically up to the officer if they want to give you a ticket. You can be speeding over 5 MPH and still get a ticket. But most officers will let that slide since it's kind of a hassle to fight it. Best way to avoid one, don't speed.
I know alot of people who got busted for 10 MPH over the limit... and I'm one of them
So I go by the 5 MPH over speed limit rule.
I know alot of people who got busted for 10 MPH over the limit... and I'm one of them
So I go by the 5 MPH over speed limit rule.
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09-14-11, 10:11 PM
#8
In the end you were still speeding. There is no such this as a "safe speeding limit"... And technically, You can get a ticket for going even 1mph over the limit if the cop wants to give you a ticket for it...
My aunt got pulled over for going 32 in a 30! (but got a warning
)
My aunt got pulled over for going 32 in a 30! (but got a warning
)
09-14-11, 10:21 PM
#10
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What made you think going 10mph over okay? Your friends told you? Sorry, not being rude but that's a ticket in most cases especially if it's non highway/freeway driving. Did he radar clock you? If so, no need to fight it.
09-14-11, 10:23 PM
#11
I got myself a speeding ticket the first month I got my IS350. It cost me $147 and four hours of traffic school for doing 42 MPH. Cop told me the speed limit is 25 but I lived in the area for 15 years and never knew that. Strangely enough, the next day driving to the store I noticed a 25 limit sign a block away from my house. I was like WTF!? either it just got put up or I never noticed it. Since I just got my license and don't got a job, $147 wasn't something I wanted to pay up. I got caught in a major street where the flow of traffic is usually 35-40 MPH. However, that day was Thanksgiving evening when no one was out, I was driving at night and doing 40ish like I normally would but I was the only car. Then I saw a cop car sitting under a highway overpass with nothing else better to do than holding a lidar gun looking for speeders.
I did some research into what I could do. Some interesting points to winning your case was if the cop doesn't show up for court, questioning whether the cop knew how to use their equipment, or types of speed limits. Many tell me they get their ticket dropped for the cop not showing up. Here in Chicago, there use to be problems with lidar guns and anyone with a lidar speeding ticket had a higher chance to have their ticket dismissed. Some people questioned the cop if they knew how to properly use the lidar and if they didn't, then it's more in your favor. Lastly, a guy told me about how he got away by knowing the types of speed limits. He said there's absolute and relative speed limits. With absolute, the posted limit is what it is. If it says 30 MPH and you did 31 MPH, a cop can ticket you. With relative, if it's 30 MPH and you were doing 50 on a perfectly nice day without traffic, you can get your ticket dropped if you can show your speed was safe for the conditions. Also, if there weren't proper limit signs or no posted within the state's guidelines, you can use that to your advantage.
Do some research on what you can do. I wanted to go to court but my limits in Illinois are absolute, I WAS doing 40 or so, and there's a speed limit sign posted two blocks away from where I was caught so I was out of luck. If you do decide to go to court, don't make the dumb mistake that lots do by saying you were going the speed of traffic or saying that you were just 10 above (most people usually for some reason do 5-10 above but the limit is the limit).
I did some research into what I could do. Some interesting points to winning your case was if the cop doesn't show up for court, questioning whether the cop knew how to use their equipment, or types of speed limits. Many tell me they get their ticket dropped for the cop not showing up. Here in Chicago, there use to be problems with lidar guns and anyone with a lidar speeding ticket had a higher chance to have their ticket dismissed. Some people questioned the cop if they knew how to properly use the lidar and if they didn't, then it's more in your favor. Lastly, a guy told me about how he got away by knowing the types of speed limits. He said there's absolute and relative speed limits. With absolute, the posted limit is what it is. If it says 30 MPH and you did 31 MPH, a cop can ticket you. With relative, if it's 30 MPH and you were doing 50 on a perfectly nice day without traffic, you can get your ticket dropped if you can show your speed was safe for the conditions. Also, if there weren't proper limit signs or no posted within the state's guidelines, you can use that to your advantage.
Do some research on what you can do. I wanted to go to court but my limits in Illinois are absolute, I WAS doing 40 or so, and there's a speed limit sign posted two blocks away from where I was caught so I was out of luck. If you do decide to go to court, don't make the dumb mistake that lots do by saying you were going the speed of traffic or saying that you were just 10 above (most people usually for some reason do 5-10 above but the limit is the limit).
Last edited by chi123; 09-14-11 at 10:27 PM.
09-14-11, 10:59 PM
#12
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I got a speeding ticket in DE when I was in a roadtrip, going with the flow around 55
(yes i know... we're always going with the flow)
when i see crown vics in my sight i knew i was going to get ticketed
told me it was a 35 zone and I was speeding for 20mph checked by lidar
got the ticket and went home, google mapped the intersection that i got ticketed...
the speed limit was 45!!! dammit!!!
sometimes cops just want to mess with you....... especially when you are out-of-state driver.... they think you're not gonna come back for this hassle
I'm probably going to try to fight it since its $184 and points... wish me luck =\
(yes i know... we're always going with the flow)
when i see crown vics in my sight i knew i was going to get ticketed
told me it was a 35 zone and I was speeding for 20mph checked by lidar
got the ticket and went home, google mapped the intersection that i got ticketed...
the speed limit was 45!!! dammit!!!
sometimes cops just want to mess with you....... especially when you are out-of-state driver.... they think you're not gonna come back for this hassle
I'm probably going to try to fight it since its $184 and points... wish me luck =\
09-14-11, 11:06 PM
#13
Step 1) Don't do anything. Wait for the bail letter to come. On the letter you'll see an appearance date (about 21 days from ticket date). Call your court number (find it online) or write to the court asking for a one month extension to the appearance date. Some courts websites might even allow you to extend online with just a few clicks. They never ask for reasons, but if they do, just say you'll be out of town and need more time.
San Mateo County online request sample:
http://i38.tinypic.com/xdz4hf.jpg
http://i36.tinypic.com/e7hr1c.jpg
http://i33.tinypic.com/opqufm.jpg
Step 2) About 5 days before the court appearance date, fill this out and send it in WITH your bail money. This is a Request for Trial by Written Declaration, meaning you pled not guilty and would like to fight your ticket by mail.
http://ticketassassin.com/docs/40519b.html
Make sure you mail it with your bail money BEFORE the due date. You can also do this in person in court on the due date.
Step 3) You'll get a reply from the court with a Form TR205: Trial By Written Declaration. This is the form where you write out your argument and mail it in. On the form there will be a 21 days due date. Write or Call the court as soon as possible and ask for a one month extension from that due date. They will give it to you no questions asked. (I say this again, AS SOON AS POSSIBLE. Not five days from the due date. Not on the due date. AS SOON AS POSSIBLE. If you are dumb enough to miss this, you deserve to lose your case)
Step 4) Type up an argument of what you think happened. Mail the Form TR205 to the court before the new due date but as late as possible. If you don't know how to write an argument, here are some samples, copy and paste and change the details to make it your own argument.
http://ticketassassin.com/docs/forms.html
Vehicle Code General Provisions and Divisions 1 - 18
http://www.dmv.ca.gov/pubs/vctop/vc/vctoc.htm
Illegal Mods
http://www.chp.ca.gov/community/streetlegal.html
Step 5) Once the court receives your Form TR205, they will THEN request the officer's statement, which he has 21 days to reply. Three things might happen:
- The cop got lazy or transferred to another department, didn't write and reply his argument. You WIN! (Bail money will be refunded to you)
- The cop replied. Judge agrees with you. You WIN! (Bail money will be refunded to you)
- The cop replied. Judge agreed with the cop. You lose. (Court keeps your money)
Either way, you'll get a reply from the court.
Step 6) If you lose your Trial by Written Declaration, you can still write to the court and request a Court Trial within 20 days. Write to the court and request a new trial days before the deadline (you want to be as late as possible and delay the case. Request this at the court on the 19th day if you can, or mail your request on the 16th day).
Step 7) The court will HAVE to grant you a new case, they'll reply you a new date to appear to court to meet with the officer. Write or Call the court AS SOON AS POSSIBLE andrequest a one month extension to that court date (they won't extend your date if you just call the day before trial. Request an extension once you get the letter). The court will change the court date for you.
Step 8) On the date of the trial, make sure you appear, it is a crime to not show up. They can issue an arrest warrant.
- Most likely the cop wouldn't show up, because he wouldn't remember any details by then (6 to 9 months have passed). Or he threw away his notes and won't bother coming to court. You will Win.
- Or, he will show up. The two of you will argue in court........good luck with that.
Another note. If you end up really having to argue in court, you can go to court prior to the trial date and get a copy of the cop's trial by written declaration, just so you know what his argument was. It is public information and the clerk HAS to give it to you. You can make your statement based on what his argument was.
Good luck.
Disclaimer: I am not a lawyer, this is not legal advice.
Credit: www.ticketassassin.com
gl
San Mateo County online request sample:
http://i38.tinypic.com/xdz4hf.jpg
http://i36.tinypic.com/e7hr1c.jpg
http://i33.tinypic.com/opqufm.jpg
Step 2) About 5 days before the court appearance date, fill this out and send it in WITH your bail money. This is a Request for Trial by Written Declaration, meaning you pled not guilty and would like to fight your ticket by mail.
http://ticketassassin.com/docs/40519b.html
Make sure you mail it with your bail money BEFORE the due date. You can also do this in person in court on the due date.
Step 3) You'll get a reply from the court with a Form TR205: Trial By Written Declaration. This is the form where you write out your argument and mail it in. On the form there will be a 21 days due date. Write or Call the court as soon as possible and ask for a one month extension from that due date. They will give it to you no questions asked. (I say this again, AS SOON AS POSSIBLE. Not five days from the due date. Not on the due date. AS SOON AS POSSIBLE. If you are dumb enough to miss this, you deserve to lose your case)
Step 4) Type up an argument of what you think happened. Mail the Form TR205 to the court before the new due date but as late as possible. If you don't know how to write an argument, here are some samples, copy and paste and change the details to make it your own argument.
http://ticketassassin.com/docs/forms.html
Vehicle Code General Provisions and Divisions 1 - 18
http://www.dmv.ca.gov/pubs/vctop/vc/vctoc.htm
Illegal Mods
http://www.chp.ca.gov/community/streetlegal.html
Step 5) Once the court receives your Form TR205, they will THEN request the officer's statement, which he has 21 days to reply. Three things might happen:
- The cop got lazy or transferred to another department, didn't write and reply his argument. You WIN! (Bail money will be refunded to you)
- The cop replied. Judge agrees with you. You WIN! (Bail money will be refunded to you)
- The cop replied. Judge agreed with the cop. You lose. (Court keeps your money)
Either way, you'll get a reply from the court.
Step 6) If you lose your Trial by Written Declaration, you can still write to the court and request a Court Trial within 20 days. Write to the court and request a new trial days before the deadline (you want to be as late as possible and delay the case. Request this at the court on the 19th day if you can, or mail your request on the 16th day).
Step 7) The court will HAVE to grant you a new case, they'll reply you a new date to appear to court to meet with the officer. Write or Call the court AS SOON AS POSSIBLE andrequest a one month extension to that court date (they won't extend your date if you just call the day before trial. Request an extension once you get the letter). The court will change the court date for you.
Step 8) On the date of the trial, make sure you appear, it is a crime to not show up. They can issue an arrest warrant.
- Most likely the cop wouldn't show up, because he wouldn't remember any details by then (6 to 9 months have passed). Or he threw away his notes and won't bother coming to court. You will Win.
- Or, he will show up. The two of you will argue in court........good luck with that.
Another note. If you end up really having to argue in court, you can go to court prior to the trial date and get a copy of the cop's trial by written declaration, just so you know what his argument was. It is public information and the clerk HAS to give it to you. You can make your statement based on what his argument was.
Good luck.
Disclaimer: I am not a lawyer, this is not legal advice.
Credit: www.ticketassassin.com
gl
