Speeding ticket question.

[ChrisBCS]

So I'm going ~77 in a 70, and a state trooper passes me going in the opposite direction (which is why I looked down at my exact speed). I look in the mirror, see him practically lock up his brakes. I keep going without giving it too much thought, my speed now at a nice 65. Next thing I know he's doing nearly triple digits to catch up with me, tailgates me until there is a shoulder, lights me up, and gives me a ticket for 80 in a 70.

So that's a $200 ticket. The ticket alleges that I was doing greater than 10% over (which would be over 77). Should I go to court? I did not tell the officer an exact speed I was going, he told me I was going too fast, and gave me the citation with no affidavit. The officer was extremely courteous and professional, but I was not doing >10% as the citation alleges, nor do I see how he could have pegged my speed coming 70 mph at the opposite direction.

 

[fdkay]

His speed in the opposite direction has no bearing on the speed that he clocked you at.
The radar also clocks the cruiser speed and uses an algorithm to figure target speed, whether it is on coming or or same direction of travel.

It's up to you if you want to fight it.
You can always request deferred adjudication.

 

[Donr13]

You just admitted in the post above that you were in fact speeding, received a ticket for speeding, and wondering if you should fight it?

Pay the ticket and move on. Take responsibility.

Do I think 7 mph over is bad? No but it is a speed LIMIT so they have every right to give you and I a ticket for going over.

 

[Mead]

Fight that shit, not so much for the speeding ticket itself but your insurance company is going to bend you over for the next several years.

 

[355sigfan]

What the others have said is correct. You may ask if there is a differment program like taking a defensive driving class to reduce or dismiss the ticket. That is what we do up here for people who have not had a ticket in the last year.
Pat

 

[slick84pb]

Also know state laws. Two different Latin terms I can't recall but some states see it as a true limit while others allow a certain amount of leeway on the high side.

 

[355sigfan]

The officer who wrote the ticket knows the laws I am sure


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[pteranadon]

a possibility is to see if the speed gun has been calibrated? if things can be? that may help you out. his speed gun may have shown 80 when you were doing 77. he may see it truthfully and to his best knowledge you were doing 80.

 

[Niles Coyote]

Check to see if you have any options, like taking a driving class for no points. Provided this is a first offense... You can go to court and try fighting it or showing you have defective equipment but I doubt you will care for the outcome.

 

[Pusher591]

Another thing to think about is drag coefficient on your vehicle. By this I mean the resistance to the air and the road. I've seen this many times. People subcontiously let off the gas upon seeing a police officer, hell, I still do it even when in my own patrol car, its just natural instinct to not want to get caught speeding (or get caught doing anything for that matter).

More then likely you were doing 80 but upon seeing the officer you naturally let off the accelerator then looked down to check your speed. The drag coefficient of your vehicle's tires against the road surface and the lack of being propelled any longer slower your vehicle 1-3 mph alone. Average human reaction is .75 of a second so by the time you looked down to check your speed you were traveling 75-77 mph would be my estimation, however the officer probaly had you target locked before you noticed him or could react to his presence.

 

[355sigfan]

a possibility is to see if the speed gun has been calibrated? if things can be? that may help you out. his speed gun may have shown 80 when you were doing 77. he may see it truthfully and to his best knowledge you were doing 80.

The guns themselves are not calibrated but rather the tuning forks that are used to check calibration are sent in once a year to check if they are still good. If the Radar ever fails a check with the tuning forks its pulled off line and sent back to the manufacture. Its far far more likely that the defendants speedometer is off. For example my POV speedometer is off by 2 mph.
Pat

 

[pmclaine]

Another thing to think about is drag coefficient on your vehicle. By this I mean the resistance to the air and the road. I've seen this many times. People subcontiously let off the gas upon seeing a police officer, hell, I still do it even when in my own patrol car, its just natural instinct to not want to get caught speeding (or get caught doing anything for that matter).

More then likely you were doing 80 but upon seeing the officer you naturally let off the accelerator then looked down to check your speed. The drag coefficient of your vehicle's tires against the road surface and the lack of being propelled any longer slower your vehicle 1-3 mph alone. Average human reaction is .75 of a second so by the time you looked down to check your speed you were traveling 75-77 mph would be my estimation, however the officer probaly had you target locked before you noticed him or could react to his presence.

If this doesnt work try the coreolis effect and the fact the spinning of the earth caused your speedo needle to read higher than actual.

I say appeal it.

If you have a good driver history go in and be honest.

State you were driving along paying attention to traffic but you lost track of your speed. You deeply regret that you were speeding and this incident has served as a reminder that you need to do better to voluntarily comply with the speed enforcement laws. In light of your good driving record ask for consideration on this one speeding ticket.

If you try this your driving record better be good because your history is usually inadmissable unless you yourself admit it.

In my experience this usually works as it is a refreshing break from - I had to go to the bathroom, my child was sick, I was menstruating and didnt have a pad on, or the cop is a lying fat prick.

Or wave your hand from inside to outside an say in a pleasant voice "This is not the citation you want to enforce, You can go now". The Force be with You.

 

[ChrisBCS]

You just admitted in the post above that you were in fact speeding, received a ticket for speeding,

Please read carefully, the ticket explicitly states that it is a citation for more than 10% over the posted limit. I said I was not, to my knowledge, doing that. I'm not a person that harasses, doesn't own up, or tries to worm my way out of things. I have 2 prior speeding tickets, and those are my only violations in my driving history, both were a year or more apart, so I could take the driving course with them, and I did (so I have none on my record), this one is not a year since my last one, so I have to eat it or take a court date.

It's also my constitutional right to participate in the legal process, and I'm more than happy to acknowledge the courtesy and professionalism of the trooper.

 

[SomeOtherGuy]

How speeding enforcement works, judicially, varies widely from one state to another. But, in most states if you show up to court and are courteous, you may be able to get the fine reduced, or changed to something with no points. Depending how far from home this is, it might be worth showing up and asking (nicely) for a reduction. Don't be a jerk, don't lie, and don't play amateur-super-lawyer unless you are just there to give everyone else a laugh. If you honestly believe you were going slower than the ticket says, say so, even if it means to admitting to some speeding, and ask for the charge and fine to be reduced to what applies for your actual speed.

If the court is too far to be worth driving too, you might call up and see if you can contest it by mail (depends on state), or even if not, just write a polite letter to the judge stating you were actually going 77 or whatever and asking that the ticket be reduced.

Disclaimer: I am a lawyer, but am not YOUR lawyer, this is free internet advice worth no more than what you paid for it.

 

[ncbowhnter]

Kind of depends on which state this occurred in? We have a lot of people get their speedometer checked and if its off even by a little, they can get it reduced to improper equipment. Most speeding tickets here get reduced to only 9 over the speed limit so they won't go against the persons insurance. Helps free up a lot of time in court cause the docket is usually slammed.

 

[ChrisBCS]

Texas. My long time girlfriend has a house in Austin, I rent an apartment in and work in College Station. It's a weekly drive, and never had a speeding ticket until i started doing it every week.

 

[remiglockoholic]

Fight it ask for traffic school.. Wam bam thank you ma'am.. I just used a lawyer to get out of a ticket, which resulted in driving school instead of the proposed $300 fee and 2-5 years in increased insurance premiums.

 

[ChrisBCS]

Not eligible since I've taken it in the last year.

 

[remiglockoholic]

Not eligible since I've taken it in the last year.

Lol and here I was rooting for you, almost called these guys assholes.. smh yup time to man up and go before a judge and beg for mercy be sure to throw in a line about broke college student, dead end job or whatever else you think the Judge will be receptive to. Good luck!

 

[Donr13]

Please read carefully, the ticket explicitly states that it is a citation for more than 10% over the posted limit. I said I was not, to my knowledge, doing that. I'm not a person that harasses, doesn't own up, or tries to worm my way out of things. I have 2 prior speeding tickets, and those are my only violations in my driving history, both were a year or more apart, so I could take the driving course with them, and I did (so I have none on my record), this one is not a year since my last one, so I have to eat it or take a court date.

It's also my constitutional right to participate in the legal process, and I'm more than happy to acknowledge the courtesy and professionalism of the trooper.

I'm not suggesting you are not a stand up guy but I am going to ask serious question here because I really don't know the answer; What do you stand to gain by going to court and proving that you were only going 10% above the posted speed limit vs. "exceeding" 10%?

Is the fine different? Is it less points on your record? I really don't know but if it's all the same even at 10% over the limit that is still speeding.

Hey if going to court reduces your fine than more power to you. I just was hoping this wasn't going to be a thread on how to wiggle your way out of a ticket altogether when you posted you were speeding.

If somebody knows the answers to my questions that would be helpful. If there is a lower cost and less points than yea I would recommend fighting it too.

 

[355sigfan]

Go to court it's ot for the officer


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[Jerrrrstanley]

Usually it helps to "throw yourself on the mercy of the court" vs. "He is wrong! I'm fighting it". Go in and apologize and say your speedometer was showing 77 and you thought that wasnt fast enough to warrant a ticket. Then say you were going to your girlfriends and she has that voodoo pussy and that's all you were thinking about. That should work unless the judge is a female hahaha.
Its hard to BEAT a speeding ticket but a lot easier to get the speed and fine reduced to help with insurance and wallet purposes. Oh offer to pay an enhanced penalty for a non point violation of you have some extra money and its worth it for the lower insurance Rate.

 

[LOCOBEAR]

Speeding ticket question.

I'd like to ask all the law abiding LEOs out there what is your main purpose for a speeding ticket and does quota ever play a role on giving someone a speeding ticket going 7 or 10 miles an hour over the limit on a 70 mph zone?


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[Sean the Nailer]

I had to deal with a speeding ticket here recently. I screwed up and got caught. Simple as that. (timing sucked, lots) I went in and spoke to the judge and asked for leniency from the mercy of the court. She brought up the fact that this is my first ticket since '95, and reduced my fine to a yard'n a half.

The points though, they are dealt with by the insurance company. Whom ironically enough is also the same insurance company that covers me. They have a monopoly on the system here (gov't run) so not only does that mean "You're going to jail", but it'll probably base down to hard-time for me, too.

(in other words, I'm getting points, and the people who charge by points are the ones who're giving out the points, so you JUST KNOW that I ain't gonna get a break there. Honesty, history, nor civilian standards mean NOTHING to these automatons.

But I'm not bitter. Nope, not bitter at all.

 

[pawprint2]

Due to the likely increased future costs-insurance for one, I'd find a local attorney and ask his advice. I don't recommend getting legal advice from sniper's hide. There are almost always lawyers that "specialize" in things such as DUI's, reckless driving etc., they may be the best guys to consult, if you can, at a minimum, get the charge reduced to 77mph (the speed you were feel you were going) then a guilty there wouldn't "hurt your feelings", not to mention this could keep your insurance rates from increasing and/or keep your insurability.

 

[godofthunder]

When I have gotten a speeding ticket, I have ALWAYS asked to see the gun that is showing the speed he is writing me for. If I get a ticket for doing 80 in a 75, he better be able to prove to me that is what he clocked me at.

 

[Guest]

In my state, you can get your speedometer calibrated. If it's shown to be off in your favor, the court will generally reduce the ticket to an equipment violation, instead of a moving violation. Less fine and no demerit points / insurance rate hike.
Between the state, the lawyers, the traffic schools, and the insurance racket, they've got a pretty sweet thing going on.

A lawyer will almost invariably get your fine reduced as well, but that's going to cost you more up front.

 

[Hink]

I once went to court for speeding. The citation read the speed limit was 65 in that area, and my speed as claimed by the officer was 90. I was in a four cylinder Dodge Dakota.

At court, the DA (or whatever professional position that lovely young lady occupied) spoke with me and with the Judge, saying that "the people will accept 74 in a 65." The Judge then assigned court costs and I went on my way.

So yes, the accusation can be changed at court. But I wouldn't try splitting hairs with the court. OP, your best bet to mimimize the aftermath of this event is to locate a traffic lawyer for that court. Pay the lawyer to talk, and keep your trap shut. Pay your fine, take your man pill, and quit bitching about getting caught.



Then go get a Valentine One.

 

[sgtkeebler]

I'd like to ask all the law abiding LEOs out there what is your main purpose for a speeding ticket and does quota ever play a role on giving someone a speeding ticket going 7 or 10 miles an hour over the limit on a 70 mph zone?


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We don't have quotas, and I typically only run radar if it's slow and even then I typically only stop those who are going 15 mph or more over the limit. I have worked way too many accident cause by people speeding thinking they can control it or stop in time still, so I typically issue tickets to get people to slow down.

 

[eodusa]

They price these such that it's not worth your time to fight it. Unless your on welfare with ten kids and show up to traffic court it may not be in your favor. Most of the time they reduce the fine. But not much in this case.


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[ZombieMonkey]

When I have gotten a speeding ticket, I have ALWAYS asked to see the gun that is showing the speed he is writing me for. If I get a ticket for doing 80 in a 75, he better be able to prove to me that is what he clocked me at.

Maybe I'm just a dick, but I gladly comply with that request each time. Tell the person I'll be right back, go unplug the unit from my car and walk back up to the violators car and show it to them. They usually ask where the speed is and then I inform them that I had to unplug it so I could bring it over and show them... Lol.

You do realize that most officers who actually know how to use a radar gun efficiently do not lock speeds, right? There are three components to it if I make a stop with a radar unit: visual estimation of speed, the readout of the sped from the unit,and an audible tone matching that speed is being displayed. Locking speeds does not allow an officer to establish a proper tracking history of the target car.

It all depends on the competency of the officer. With a good officer, a radar detector is absolutely useless for example.

 

[jrassy]

I had to deal with a speeding ticket here recently. I screwed up and got caught. Simple as that. (timing sucked, lots) I went in and spoke to the judge and asked for leniency from the mercy of the court. She brought up the fact that this is my first ticket since '95, and reduced my fine to a yard'n a half.

The points though, they are dealt with by the insurance company. Whom ironically enough is also the same insurance company that covers me. They have a monopoly on the system here (gov't run) so not only does that mean "You're going to jail", but it'll probably base down to hard-time for me, too.

(in other words, I'm getting points, and the people who charge by points are the ones who're giving out the points, so you JUST KNOW that I ain't gonna get a break there. Honesty, history, nor civilian standards mean NOTHING to these automatons.

But I'm not bitter. Nope, not bitter at all.

Jesus Christ a yard and a half! How wide did you have to spread for that bitch? I knew Canadian traffic laws were tough but fuck if I'm going fishing in Ontario anytime soon!

 

[ZombieMonkey]

I'd like to ask all the law abiding LEOs out there what is your main purpose for a speeding ticket and does quota ever play a role on giving someone a speeding ticket going 7 or 10 miles an hour over the limit on a 70 mph zone?


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Many states including AZ have laws strictly forbidding quotas. I would not have written this specific ticket, and I am more ticket heavy than most patrol officers in my area. My main focus is DUI and other traffic enforcement. To me the tickets are not about the money, they are meant to serve as a tool to correct an unacceptable behavior. Education comes in all forms, sometimes a warning is all that is needed as a reminder to the driver. Sometimes a ticket may be more effective as it causes enough of a sting to hopefully correct the drivers behavior. If not maybe more tickets may help until the individual either gets the message or has their license suspended.

 

[pmclaine]

I'd like to ask all the law abiding LEOs out there what is your main purpose for a speeding ticket and does quota ever play a role on giving someone a speeding ticket going 7 or 10 miles an hour over the limit on a 70 mph zone?


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I wouldnt know but I have heard guys will set a threshhold and that becomes the trigger. Theoretical, if a road is a 55 I think some officers usually dont call you in until you hit 75. On another road that is say 65 I have heard that some call the offender in when they hit 80. Now if you ask me 20 over is pretty generous and +80 just makes sense safety wise. Thats just what I hear.

As far as quotas go I have heard that the line guys pretty much dare management to say that word and fortunately management isnt that stupid. Instead a good organization puts pressure on the people to just do your job. For some that may mean writing a bunch of tickets every day, others may not write any tickets but they get a warrant or an arrest just about every day. Others may not do either but once a month they get something spectacular like a hide full of money or a kilo of cocaine. No quotas necessary if everyone finds a niche and does the job.

Tickets are a necessary evil to prevent the roads from becoming Mad Maxx dystopian hell highways.

 

[pmclaine]

I had to deal with a speeding ticket here recently. I screwed up and got caught. Simple as that. (timing sucked, lots) I went in and spoke to the judge and asked for leniency from the mercy of the court. She brought up the fact that this is my first ticket since '95, and reduced my fine to a yard'n a half.

The points though, they are dealt with by the insurance company. Whom ironically enough is also the same insurance company that covers me. They have a monopoly on the system here (gov't run) so not only does that mean "You're going to jail", but it'll probably base down to hard-time for me, too.

(in other words, I'm getting points, and the people who charge by points are the ones who're giving out the points, so you JUST KNOW that I ain't gonna get a break there. Honesty, history, nor civilian standards mean NOTHING to these automatons.

But I'm not bitter. Nope, not bitter at all.

Insurance companys make out better than the issuing agency on citations.

I know often times officers will write a minimum fine as a matter of course unless something about the stop requires a higher fine.

In my state the violator gets two bites at the apple if they appeal a citation.

First a magistrates appeal where an agency court officer will represent the dept at a hearing before the magistrate. Usually the magistrate will lower any max fines if he doesnt toss the ticket.

If the violator appeals the magistrates finding the violator and the issuing officer go before a judge. This is where the officer gets his OT. Id say its 40-50% chance the violator will get consideration at the judges appeal. So if the violator is appealing a $100 citation and the officer is getting 4 hours OT no matter what the issuing agency is losing money.

The insurance company gets its surchargs no matter what though.

 

[bronco_buster]

Hire an attorney. $100 +$50 filing fees got my speeding ticket downgraded to "improper equipment" which is a non-moving violation, hence no points, and my insurance doesn't get dinged. She (attorney) actually said that the state prefers going that way as it means an extra $50 into their coffers for the "filing fee."

Or don't.

 

[pmclaine]

Due to the likely increased future costs-insurance for one, I'd find a local attorney and ask his advice. I don't recommend getting legal advice from sniper's hide. There are almost always lawyers that "specialize" in things such as DUI's, reckless driving etc., they may be the best guys to consult, if you can, at a minimum, get the charge reduced to 77mph (the speed you were feel you were going) then a guilty there wouldn't "hurt your feelings", not to mention this could keep your insurance rates from increasing and/or keep your insurability.

Never saw a person that paid for a lawyer get found responsible.

Most judges were lawyers and they like that someone is willing to give their fellow lawyers easy money.

 

[ZombieMonkey]

Something else to consider is that in most states a civil citation only requires the legal burden of a preponderance of the evidence for you to be found responsible. Think of it as a 51/49 type of standard, that's not a very high burden of proof for the state to have to prove. Also, many courts also charge fees for going to court as just paying the fine usually waives the court admin frees.

 

[W54/XM-388]

Get a good lawyer who is rather successful, loves winning, and knows the locals very well & all their ins and outs.
Pay them a good sum of money & work with them on it.

 

[jrassy]

I travel a lot for my job, therefore I get to travel home on weekends, sometimes by plane,sometimes by truck. When I get to drive I set my cruise control to 5 over the posted speed everywhere but work zones, where I will set it at the posted speed,in all cases conditions and weather permitting. I have a class A license with all endorsements and I will not fuck that up.

Having said that,I have had police wave their finger at me as in "slow down", and I did. I have also fought a couple speeding tickets and ended up taking a defensive driving course and with no violations within 6 months,had the ticket dropped.

Then there are stories I could tell about me riding my Harley, but I will save that for between me and the officers involved.
Good luck.

 

[pmclaine]

.....a radar detector is absolutely useless for example.

Ive never been asked to show speed and doing so would be a courtesy we are not required to perform.

I always ask when I see a detector what the equipment did prior to the stop and they almost always answer "Nothing".

If the radar detector has detected the radar than the signal has bounced and returned to the counter box. Too bad so sad. It might give you a moments notice if you are in moderate to heavy traffic as the officer tries to confirm a tone to a car but if those are the conditions you are using a LIDAR or doing something other than speed enforcement.

Take the money you would spend on the radar detector and put it into your "Money I can spend on tickets/surcharges Fund" you will get better return on investment.

 

[sierracharlie338]

however the officer probaly had you target locked before you noticed him or could react to his presence.

99.9999999999999 % of the time this is the case. You have every right to fight it but that is your decision. Hope it works out for you.

 

[29aholic]

I can not believe this thread has gone on for now 42 posts.
Man up, pay the ticket and slow down...you wont win

 

[Airborne Falcon]

Fight it simply for the reduction.

Meet with the LEO prior to court in the lobby ... explain your position, BE HUMBLE!

Learn a lesson .

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[Phil1]

How much will your insurance go up with one ticket?

 

[Pusher591]

I'd like to ask all the law abiding LEOs out there what is your main purpose for a speeding ticket and does quota ever play a role on giving someone a speeding ticket going 7 or 10 miles an hour over the limit on a 70 mph zone?


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For me it depends on the section of road they are traveling, if we have more wrecks in that area due strictly to speed, the drivers history, their age, and MOST important.....their attitude towards me. Many people think we are out to "get them" or meet a quota or generate revenue for the town/sate, which by the way is completely untrue. My main goal is to slow people down and educate them. Tickets don't always do that, everybody doesn't need a ticket.

If most people would take the time to study or look how much speed actually correlates to deadlier collisions, they would be shocked. For every 10 mile per hour you increase your speed over the posted limit, you increase your chances of being a fatal car crash drastically. It's not about if it happens, if you continue to speed on a habitual basis it will happen.

 

[ZombieMonkey]

Ive never been asked to show speed and doing so would be a courtesy we are not required to perform.

I always ask when I see a detector what the equipment did prior to the stop and they almost always answer "Nothing".

If the radar detector has detected the radar than the signal has bounced and returned to the counter box. Too bad so sad. It might give you a moments notice if you are in moderate to heavy traffic as the officer tries to confirm a tone to a car but if those are the conditions you are using a LIDAR or doing something other than speed enforcement.

Take the money you would spend on the radar detector and put it into your "Money I can spend on tickets/surcharges Fund" you will get better return on investment.

I always ask people how much they paid and how well it worked out for them as well. LIDAR is money in heavy traffic though, practically an impossible ticket to defend in court for drivers and they have no chance seeing you when your hitting them out well over 1000 feet ahead.

 

[the once-ler]

10mph over?? usually they won't bother <10MPH over unless you are driving in a disruptive, reckless or dangerous manner.. US should take a lesson from Germany however there are some really stupid drivers here.

 

[athhud]

It always cracks me up when officers talk so negatively about radar detectors. They aren't magic get out of jail free devices. If you treat them as such, they won't do you much good. However, a little common sense and a quality detector will reduce speeding tickets exponentially. It's not hard to find another car that wants to run fast. You let them lead the way to take all of the radar fodder and I guarantee that you won't get pegged by radar. I use to get at least 3 speeding tickets per year driving a slow as piss Tahoe. I've been driving a 450hp speed machine for 6 years now and the only speeding ticket I've gotten was when I forgot to switch the Valentine1 on. Had it been on, it would have warned me about the radar shooting my ass from under a bridge.

I have to believe that the officers that consider detectors to be useless, just haven't spent much time using them. There is definitely a learning curve, but it ain't rocket science...


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[ZombieMonkey]

Hate to break your bubble, I can't count how many people I've cited with that specific unit that were pissed. You'll never see me coming until it's too late if I'm running traffic, guaranteed. A crafty officer with a radar unit, or worse a LIDAR unit makes any unit worthless. Just because your following another car doesn't make you safe... Often I will do multi-car stops and if you don't pull over you can bet you will be the one I single out...