O/T Anyone ever beat a speeding ticket, if so how did you do it?

[massnup]

Well, Im just saying from my personal experience and from what I saw in court there is a good CHANCE that he wont show. I think your chances of him not showing are better than if it were a local or sheriffs dept. What it does come down to though is do you feel lucky? I guess you have nothing to lose if he shows up except for your pride. I he doesnt show you get off, if he does come you will be found guilty but I dont think youll pay any more fines than if you had plead guilty the first time. Im not sure about the fine part, one poster on this thread said in Cal you pay a 135% tax if that happens, in my state its not like that I think. I cant say for sure though because I always got off when I said "not guilty" at the first appearance.

I think if I were you I would just pay it unless youre like me and have 2 or more speeds already on your record.

Do you not think you can beat it if you ask to see the calibration certification of the radar gun and he doesn't have it?

 

[kid1dakota]

Do you not think you can beat it if you ask to see the calibration certification of the radar gun and he doesn't have it?

If you personally ask, the judge will say the department is regualted by law to keep up the proper standards on all law enforcement equiptment.That will be end of story. They will NOT accommodate and answer all of your questions and you will be very frustrated.
Maybe if that is a reasonable question that an attorney feels should be asked.But I have heard stories of guys very prepared with research and statistics etc... and you aren't given the chance to even use it.The judge won't take the time to read your documentation etc..

Go to the court house and sit in on traffic court for a few hours and see how it is ran.Odds aren't in your favor unless you have a good case and are lawyered up.

 

[edward13]

hmmm this isnt what i found at multiple sources

If you go to court with this information, you're gonna fall flat on your face. I'll give you a clue: The speed limit in Texas IS the speed limit, you can be cited for going over 1mph if they so choose. It's called Prima Facie and it means on the face of, there is no certain amount of speed you have to be going over to get a citation. The offense of unsafe speed is a completely different traffic violation of which you are attempting to put together with speeding.

Second, you can ask to see the calibration log all day long, it's not up to the officer to calibrate the equipment, it's up to them to check the calibration and most courts are happy if the officer checks it at the start of their shift and just prior to shft end. Asking a cop if he calibrated his equipment will make you look stupid in court.

Finally, it's not the officer you're fighting in court, it's the DA and the officer doesn't really care one way or the other whether he wins or loses, if he's there on his day off, he's getting OT pay. Asking all those questions you mentioned, yeah, they won't do a thing except piss the judge off, as the questions have to be in regards to the offense. The argument is, were you or were you not speeding, your shirt color, passenger and if you were smoking a cigarette are not the issues. Your name, vehicle description, license plate AND signature are on the ticket, it's usually far more than the court needs and just by the fact that you're contesting the citation is more than enough to put you as the person who received the citation.

Good luck with it

First, you dont know what prima facia speed limits mean obviously. Prima facia is not absolute, sorry but your confused, if you would like some links to do some research for yourself here are a few.

Prima Facie
In Rhode Island, Texas, and Utah driving faster than the speed limit is prima facie evidence of unreasonable speed. One can argue in court that one was exceeding the speed limit but should not be convicted because the speed was safe (when they accept this argument, judges will likely want to see evidence beyond a defendant's claim that he was driving safely). These states are marked

State Traffic and Speed Laws

2005 Texas Code - CHAPTER 545. OPERATION AND MOVEMENT OF VEHICLES - Texas Transportation Code :: Justia -- US Laws, Codes, Statutes & Cases -- Justia

the second link is the Texas Transportation Code, you can read it and it CLEARLY states what a prima facia speed limit means,

Second, i never said it was up to the officer to calibrate the equiptment, but the equiptment is supposed to be calibrated and it is supposed to be logged. My ticket says the officer radared me at 600ft, that two football fields, if the equiptment had not been calibrated recently then how do u think its gonna look???

Finally, i was asked if i wanted a trial by judge or a trial by jury, i chose a jurry cause i figure if i try to argue it will piss off the judge. so im not really worried about pissing off the judge. asking all those questions i mentioned will help you show that the officer does not remember the day very well and that you do, and it solidifies your credibility as to weather or not you were actually speeding and weakens his. you dont ask those questions to try and prove that it wasnt you driving, you ask the questions to prove that the officer does not even remember the day at all, therefore he cant argue against u cause he doesnt remember.

this advice i gave him is not my own, i did plenty of research and talked to a lawyer. you can do a simple google search and you will find dozens of published articles saying exactly what i said

 

[thebrick]

I don't know where you live but a lot of states give you the option to take defensive driving classes to keep the ticket off your record.

Exactly, especially if you have a clean record and that is your first ticket. Don't ask me how I know But a couple hours class time is worth it for any possible insurance rate hikes and nothing is on your record from that ticket. If you try to argue your way out of a speeding ticket with a "not guilty" and the ticketing officer is there, 99% chance you are going to lose.

 

[dragonfire101]

I just sent one in not guilty and they sent me a letter a few weeks later that it would be dismissed and i did not have to show up for Court on that date.

I have no prior motor vehicle history so maybe thats why they gave me the break.

 

[thebrick]

I just sent one in not guilty and they sent me a letter a few weeks later that it would be dismissed and i did not have to show up for Court on that date.

I have no prior motor vehicle history so maybe thats why they gave me the break.

Damn. If I tried that, they would bill me double with my luck.

 

[jamez]

Some of you are pretty naive.. like delay as long as possible b/c the cop won't remember? LOL.

I've been to court over a dozen times for speeding tickets. The cop has shown up EVERY SINGLE time except for once (which he fired/quit the force before my court date).

Every single time I've been to court the following has happened:
a) The police LIE through their teeth, every single time.
b) The judge always sides with the police.

If you get an honest cop or judge you will be extremely lucky.. I never have. The only way to actually win is to beat them on a legal basis, like a technicallity of the law.. many years ago I paid for TIPMRA and used that information.

I can tell you I have beat tickets where they measured my speed by PACE (aka used their speedometer to get my speed) and have never once won a case where they radar/laser'd me...

 

[squids30]

I just got a 90mph in a 65 in socal....Motorcycle cop got me as I came over the top of a hill....He also was kind enough to give me a ticket for tinted windows and no front license plate.....can you say DICK! The fine is 780 if I fight and lose if I pay its 440 and go to traffic school....SWEET!

 

[jamez]

If you go to court with this information, you're gonna fall flat on your face. I'll give you a clue: The speed limit in Texas IS the speed limit, you can be cited for going over 1mph if they so choose. It's called Prima Facie and it means on the face of, there is no certain amount of speed you have to be going over to get a citation. The offense of unsafe speed is a completely different traffic violation of which you are attempting to put together with speeding.

This is false. Texas does have "Prima Facie" speed limits:

Most states have absolute speed limits, meaning that a speed in excess of the limit is illegal per se. However, some states have prima facie speed limits. This offers motorists a valid defense to a speeding charge if it can be proven that the speed was in fact reasonable and prudent.

Now if you said that trying to argue for it in court would be hard or near impossible to win.. you would be correct.. but that is the law.

 

[massnup]

Some of you are pretty naive.. like delay as long as possible b/c the cop won't remember? LOL.

I've been to court over a dozen times for speeding tickets. The cop has shown up EVERY SINGLE time except for once (which he fired/quit the force before my court date).

Every single time I've been to court the following has happened:
a) The police LIE through their teeth, every single time.
b) The judge always sides with the police.

If you get an honest cop or judge you will be extremely lucky.. I never have. The only way to actually win is to beat them on a legal basis, like a technicallity of the law.. many years ago I paid for TIPMRA and used that information.

I can tell you I have beat tickets where they measured my speed by PACE (aka used their speedometer to get my speed) and have never once won a case where they radar/laser'd me...

Would him telling me that I was going 68 and giving me a ticket for 70 be a technicallity? He told me i was going 68 and that i could look at his radar and then writes it for 70.

 

[jamez]

Would him telling me that I was going 68 and giving me a ticket for 70 be a technicallity? He told me i was going 68 and that i could look at his radar and then writes it for 70.

Yes of course.. you technically can't be found guilty of what you have been charged with (70 in a whatever zone) but unfortunately for you, if you don't have a record of him saying that; he will simply lie and the judge will take his side. Unfortuantely this is how our legal system works.

I've had officers walk in, swear under oath, and then proceed to say I admitted all kinds of things I never said, drove like i was going to kill someone, etc... in that courtroom they are under scrutiny and are expected to have good reason for dragging everyone in... they will do whatever they can to look good and not lose.

 

[massnup]

Yes of course.. you technically can't be found guilty of what you have been charged with (70 in a whatever zone) but unfortunately for you, if you don't have a record of him saying that; he will simply lie and the judge will take his side. Unfortuantely this is how our legal system works.

I've had officers walk in, swear under oath, and then proceed to say I admitted all kinds of things I never said, drove like i was going to kill someone, etc... in that courtroom they are under scrutiny and are expected to have good reason for dragging everyone in... they will do whatever they can to look good and not lose.

Everything is recorded nowdays so I can have then play the conversation we had and then the judge will see right?

 

[pimpman]

had cruise control on bc i cant afford another speeding ticket.

if u tell the cop that u r admitting u r a speeder .he will be like o so you dont learn ur leason here is another one for your collection

 

[Stewie Griffon]

Anyone know how to beat a speeding ticket, this is the 1st one i've ever had and I'm 32 and don't like it!

first one at 32???? wow

if i told you how many i had as a kid you wouldn't believe me!!!! i was into old chryslers and built a nice 400 big block, and a 413 max wedge - got me into load of trouble

anyways just pay a lawyer and they can get rid of it. i pay mine 100 per ticket, some are more some are less

they will reduce it to some BS ticket with no points - then pay your fine and surcharge. this BS ticket wont affect your license or insurance

 

[malcom young]

Hot babes usually don't get tickets.

Funniest line I ever got was,"I know I was speeding, but I have really bad diarrhea, and I'm trying to get home."

I just smiled, figured she was pretty gutsy to try that one and sent her on her way.

Believe me, make enough stops, and you get to hear them all, multiple times over and over,....

 

[maldorf]

Do you not think you can beat it if you ask to see the calibration certification of the radar gun and he doesn't have it?

Ive been told by police officers that wont work. What it comes down to basically is the officer's word against yours. If they say you were speeding you were speeding. In Ohio they have a new rule that officers that get special training can give you tickets without even using a radar or laser gun. They just eyeball it somehow,lol! Its getting bad out there.

 

[Stewie Griffon]

Ive been told by police officers that wont work. What it comes down to basically is the officer's word against yours. If they say you were speeding you were speeding. In Ohio they have a new rule that officers that get special training can give you tickets without even using a radar or laser gun. They just eyeball it somehow,lol! Its getting bad out there.

i believe they just call that imprudent speed

for example recently a friend of mine had a car full of drunk you-know-whats crash into his mailbox and lawn. of course there was no officer there to clock them, but they still got a ticket for imprudent speed - cause it was obvious these clowns were speeding

 

[maldorf]

Take a look at this shit they pull in Ohio now.

Supreme Court of Ohio Case Summaries

they can basically give you a ticket whenever they choose to and no radar or laser needed.

**broken link removed**

 

[alan1973]

in my, albeit short, experience in the US I have had a few. one time I got one in Dover and I knew I was not speeding.....I took it to court, the cop never showed up and it got dropped.
Cops don't have the time for that BS.

 

[BillHilton]

Ok real life experiences: In the past six months two of my sons both got speeding tickets. Remember first and foremmost that this is a sick game. Forget the law and anything you think you learned about justice.

They both plead not guilty at the first court date. Then in bvoth cases, different jurisdictions the prosecutor offered a deal. The first on was actually a very defendable one, with no cop at the time of trial (prosecutor swore he could get a new date), and a ticket with several errors. Prosecutor offered to reduce it from 12 over to a broken tailight with $5 fine and $80 court costs. We took it.

The second one just three weeks ago, plead not guilty. Prosecutor called us before court and 9 over (no points) instead of 17 over, with the $140 fine. We took it. Probably could have done better, but this son is not the stand up in public and argue type.