Fighting a speeding ticket

[sweetpee_1993]

The truck that passed me by no means was it going 83. He slowly crept by me going on a slight uphill.

My radar detector did not go off so he did not hit me with radar. Unfortunately I was told I could not use that as a defense. I wholly believe he was just hammering out tickets to hit some sort of quota. It was on March 31st so I have to assume end of month or end of quarter and he needed some numbers to look good?

When I worked in law enforcement I know our agency did not have quotas or monetary type goals that had to be hit. I can only speak for our agency, tho. The rank in patrol did monitor their deputies' stats. They watched for numbers regarding number of calls each went to, reports written, arrests made, and self-initiated "traffic" (traffic is the word we used to refer to any event that is in the computer aided dispatch system, doesn't refer to incidents involving cars specifically). Self-initiated could be stopping to question a suspicious person but traffic stops did fall under that category. If a deputy went thru an entire 2-week night shift rotation with 3 self-initiated items while a go-getter on his shift had 40 or more it calls attention to them. What was that person doing during that time? The rank will now dig deeper and see if that person was busy on other calls or if there's large gaps with no activity logged. Was this person pulled up napping somewhere? They'd be questioned for that then probably closer scrutinized. Its a tool, really, to keep personnel accountable. Conversely, if a patrol deputy was pushing for a promotion or transfer to a more desired division (ie. investigations) they don't have a prayer without having solid or outstanding stats. And, I know of a few times when we had a couple of the younger patrol guys on our shift who had contests to see who could make the most arrests within a month or 2. They loved night shift for this. They'd sit down the road from bars around closing time and wait. Or, they'd go sit near known drug trafficking areas and stop cars for anything they could spot for probable cause. 5 mph over the limit? Yep. They'd stop the cars not because they wanted to write them for that minor speeding, they wanted to see who was in the car. They wanted to search the cars and check all the people for wants/warrants. Not every stop is for the speeding, it could just be for the probable cause.

And, yeah, I would think if stats showed 20 traffic stops with only 2 tickets written that could look bad, too.

 

[CtDisneyGuy33]

When I worked in law enforcement I know our agency did not have quotas or monetary type goals that had to be hit. I can only speak for our agency, tho. The rank in patrol did monitor their deputies' stats. They watched for numbers regarding number of calls each went to, reports written, arrests made, and self-initiated "traffic" (traffic is the word we used to refer to any event that is in the computer aided dispatch system, doesn't refer to incidents involving cars specifically). Self-initiated could be stopping to question a suspicious person but traffic stops did fall under that category. If a deputy went thru an entire 2-week night shift rotation with 3 self-initiated items while a go-getter on his shift had 40 or more it calls attention to them. What was that person doing during that time? The rank will now dig deeper and see if that person was busy on other calls or if there's large gaps with no activity logged. Was this person pulled up napping somewhere? They'd be questioned for that then probably closer scrutinized. Its a tool, really, to keep personnel accountable. Conversely, if a patrol deputy was pushing for a promotion or transfer to a more desired division (ie. investigations) they don't have a prayer without having solid or outstanding stats. And, I know of a few times when we had a couple of the younger patrol guys on our shift who had contests to see who could make the most arrests within a month or 2. They loved night shift for this. They'd sit down the road from bars around closing time and wait. Or, they'd go sit near known drug trafficking areas and stop cars for anything they could spot for probable cause. 5 mph over the limit? Yep. They'd stop the cars not because they wanted to write them for that minor speeding, they wanted to see who was in the car. They wanted to search the cars and check all the people for wants/warrants. Not every stop is for the speeding, it could just be for the probable cause.

Gotta love Probable Cause. You are 100% right- all they need to do is stop the car for a legit purpose (not drugs originally) but then have the right to look for anything usually within arm's length of the driver (trunk not included)

 

[captainkidd]

Should you decide to try the case- be ready to show evidence and remember, State's atty is a state employee and so is your friendly PO, neither will attempt to show the other was in the wrong to a Pro Se (non Attorney) and especially for $150.

Try the Charitable Gift.

I would actually like to go that route. How do I do it?

 

[captainkidd]

I would give it to a lawyer and just get it amended to a non-moving violation. Easiest way to handle it.

Wouldn't the attorney fees kind of offset the insurance fees though?

I like the idea of donating the money to a charity and not having the ticket on my record. How does one do that?

 

[Monty]

Offer to contribute to the Annual Police Ball.

When they say that the Police don't have Balls... Just smile and nod knowingly.

 

[CtDisneyGuy33]

I would actually like to go that route. How do I do it?

I would plead not guilty and then you will get a hearing date in the mail. At that time, you usually have the ability to explain your matter to a State's atty prior to an actual Trial Date being scheduled. There, they usually will attempt to knock down the violation to a lesser charge (Traveling fast, Moving, etc) just to get rid of it. Normally, at least here in CT, this is how it goes. At this point, I can usually get the Prosecutor to accept the charitable gift if you can explain the situation. Key being calmly and cooly, no need to argue your case at the prelim appt.

As I stated before, your biggest issue with a Speeding ticket is the rise in Car insurance. Thus, even if its the same amount as the original fine ($150), keeping it from affecting your insurance is a win to me.

Good Luck

 

[StarWarsGirl]

So my mom made an illegal left turn out of my school a few years ago. My dad went into court for her (he's a lawyer and traffic tickets are the one time where a lawyer can go instead of you). He got her off of it because the officer couldn't tell him the time on the sign when the left turn is illegal.

I've never had a speeding ticket. But then again, I've only been driving for a little over two years, been licensed for about a year and a half, so not exactly a lot of time to get myself a ticket. I'm also really careful because if I get a ticket, my provisional period starts over, and that's just a complete pain in the butt.

 

[lazyboy97o]

So my mom made an illegal left turn out of my school a few years ago. My dad went into court for her (he's a lawyer and traffic tickets are the one time where a lawyer can go instead of you). He got her off of it because the officer couldn't tell him the time on the sign when the left turn is illegal.

I've had that happen. Was being followed for some time and when I asked where I committed the alleged offense I was just told that I did. Needless to say the officer did not show for the trial.

 

[FigmentsFangirl]

My advice is to do research, from what it sounds like, the area could be either one of two things, a hidden speed trap, or just a chance encounter. HOWEVER; my personal thought on this is that the officer was doing his job, but he did it wrongly. From how it reads, no roadsigns saying the speed, and the time from when you got onto the road to getting caught was too short to get ot the speed he claimed on the ticket. Seems like cat skat to me.

I actually, on a lighter note, Recall going to the local police station asking for a road map because I had no idea where I was and I figured the poilice had roadmaps. I was trying to find my way home from the library, and had just moved int ohe area in question, this was about six years ago, and I ended up getting a full on Georiga State Road Atlas. I'm back in south east MI now though and I already have the MI state roadmap.

Good luck though!

 

[captainkidd]

I don't know much about speedtraps, but my wife had me take her over to where I was pulled over. She asked me if I could see the cruiser (which I could not). The officer was about 10 feet in front of it, and the car was blocked by some bushes, and he was out his car with his radar gun. She thinks that is entrapment.

However, I misjudged where he pulled me over. My car definitely could have reached 45mph where he pulled me over.

Although I don't think I was going that fast, I think my best defense is it was a speedtrap, and there were no signs. I wouldn't have guessed it was a residential area, because between where I got on the road and where he pulled me over, there is not 1 residence on either side. Just a couple of businesses.

 

[NormC]

Hiding the car is not entrapment. Entrapment is coercing you to do something you wouldn't do normally. You were not tricked into speeding by the cop car being hidden. A speedtrap is not a good defense either. Someone in the area may have reported an increase in speeding cars on that street and the Police have every right to set up a "speedtrap" to enforce the law.

 

[bsiev1977]

I don't know much about speedtraps, but my wife had me take her over to where I was pulled over. She asked me if I could see the cruiser (which I could not). The officer was about 10 feet in front of it, and the car was blocked by some bushes, and he was out his car with his radar gun. She thinks that is entrapment.

However, I misjudged where he pulled me over. My car definitely could have reached 45mph where he pulled me over.

Although I don't think I was going that fast, I think my best defense is it was a speedtrap, and there were no signs. I wouldn't have guessed it was a residential area, because between where I got on the road and where he pulled me over, there is not 1 residence on either side. Just a couple of businesses.

Sorry, not entrapment. Nobody forced you to drive too fast. If you wouldn't do it because you could see a cop car, you shouldn't do it otherwise.

 

[lazyboy97o]

Going in and calling the situation a speedtrap is probably not going to win you any points with whomever is handling the case unless you can find that the officer was acting in violation of a law stating how officers are to conduct themselves. Is it illegal in your state for the officer to be hiding?

Unless there are absolutely no signs indicating the speed limit, then entering the road after the sign is likely not much of a defense.

Does your state offer nolo contendere for traffic violations?

 

[Clamman73]

Plea to a lesser charge with the DA at the court...I think that's what you're down to now...

It's really not cool of the cop to hide behind a bush, but remember the motorcycle cop behind the billboard in WoM...I still do.

 

[lazyboy97o]

It's really not cool of the cop to hide behind a bush, but remember the motorcycle cop behind the billboard in WoM...I still do.

Lucky for us in Georgia, it's illegal for most officers.

 

[captainkidd]

Does your state offer nolo contendere for traffic violations?

Not sure what that is.

 

[captainkidd]

Sorry, not entrapment. Nobody forced you to drive too fast. If you wouldn't do it because you could see a cop car, you shouldn't do it otherwise.

That's my issue with the whole thing. I wasn't speeding. If I was, I'd take my man pill, pay it, and move on with my life. I have a serious issue with a cop trying to meet his quota, nailing innocent drivers when there are real careless drivers that they speed right by everyday.

 

[lazyboy97o]

Not sure what that is.

"No contest." Here it lets you pay the fine without impacting points on your lisence, insurance, etc.

 

[NormC]

In MA (and most states) a ticket is a summons to appear in court. You pay the fine in lieu of a court appearance. If you were not speeding go to court. You do not need a lawyer. You just need to present your case and if the officer shows up he will present his. If the officer does not appear the judge will make his decision and it is usually in your favor. The fact that you have not had a ticket in years will also help you.

 

[G00fyDad]

A) Call the prosecuting attorney's office and ask to speak with the attorney that handles traffic violations. Explain your case to them. They will likely require you to write a letter explaining the situation. Do so and they may set the fine aside for one year as long as you do not have any more tickets then it will get tossed out.

B) Go to court to contest the ticket. Look for an attorney outside in the hallway (Really) and tell them your situation. They can take your case for low cost ($50 typically) and they can get the prosecutor to reduce the charge to "faulty equipment" (that's what they change it to here) and you get to keep $100.