Stupid speeding ticket

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  • PyRo
    President Bioloaf inc.
    • Dec 2000
    • 10186

    #1

    Stupid speeding ticket

    Damn cop sits there with the radar gun where it drops from 55 to 30 hitting people the secont they pass the sign. First he goes on about how i'm drunk (I wasn't), then after we get that straighend out he demands that I open a couple garbage bags I have in my car. Isn't that an illigle seach, he had no reasonable cause to go through my stuff?
    Now, should I just plead guilty, pay the fine and be done with it, or should I go to court and try and fight it. I know on long island where I live you show up to court they offer great plea bargins, I wonder if they do that up here. And don't they technically have to provide me with a lawyer since I have zero money to my name?
  • Bad_Dog
    self proclaimed warpaholic
    • Jul 2003
    • 1777

    #2
    not drunk eh? good thing the bags didnt have the chared remains of one of your carebear experiments in them... that woulda been fun

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    • Mindflux
      Are you e-wheat?
      • Dec 2003
      • 861

      #3
      Re: Stupid speeding ticket

      Originally posted by PyRo
      Damn cop sits there with the radar gun where it drops from 55 to 30 hitting people the secont they pass the sign. First he goes on about how i'm drunk (I wasn't), then

      You should have been going 30 when you passed the sign then.
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      • RRfireblade

        • Jun 2002
        • 5103

        #4
        Reasonable cause is applicable to pretty much any search.

        As for fighting it,what are you wanting to fighting,the speeding ticket? Do you think you have grounds for dismissal?
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        • Restola
          Certificated Cloud Buster
          • May 2001
          • 2230

          #5
          Last I heard saying they can't search gives them the OK to keep your car until they get a warrent.

          And before you try to fight it...you should probably consider the fact that you were breaking the law. You're supposed to be at the new speed when you pass the sign.

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          • PyRo
            President Bioloaf inc.
            • Dec 2000
            • 10186

            #6
            Nope, I have no chance whatsoever of winning in court. But, where I live if you show up in court at all they will let you plea down a really bad speeding ticket to somthing with like a $200 fine and no points because the courts are so incredibly backed up, so no insurance increase, i'm wondering if they do that here. Only thing is a small town like that probably heavially relies on money from tickets to suppord the police department.

            I just wan't paying much attention to the signs and didn't notice the sign untill I was pretty close to it, I had been going 70, so I did slow down alot. He just wanted to be an *** and give me the 22 over instead of the 15. Why couldn't he have been nice about it and given me 20 over instead of 22 (big differance in the fine and insurance costs)

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            • Mindflux
              Are you e-wheat?
              • Dec 2003
              • 861

              #7
              Yeah I got stopped doing 56 in a 30.

              If he had written me for 55 or under in a 30, I could have taken defensive driving.

              I ended up going to court, plea bargaining out to a deferred adjudication. I had to stay "ticket free" for 6 months, when that was done the ticket 'vanishes' essentially.

              I did have to pay my speeding fees + court fees, which ran me about 210.00.
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              • Lohman446
                Useful posts: 7
                • Jun 2003
                • 9315

                #8
                Re: Stupid speeding ticket

                Originally posted by PyRo
                And don't they technically have to provide me with a lawyer since I have zero money to my name?
                No - speeding is a civil infraction, not criminal. Hence why you don't answer yes on job apps about criminal records. As it is civil, they do not have to provide you with a lawyer.

                And hell yes fight it, what are they going to do, increase the fine. Sure you ahve little chance of winning, in MI though police officers are not paid to go to court to fight to uphold speeding tickets, if you get lucky and its his day off, he likely will not show and you would auto win in MI. Fight it, the worst outcome is what yuo have now, you have nothing to loose, and you might get lucky. BTW, it may be worth getting hold of the proper radar procedure for this person (whatever kind of cop he is)as well as your state police, you will find only about 10% of police officers follow the radar procedures outlined. There may be also something in there about "speed traps" and distance from signs, even though you are legally responsible to be going the limit at the sign you may find his protocol calls for him not to be taking radar at that sign.
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                • PyRo
                  President Bioloaf inc.
                  • Dec 2000
                  • 10186

                  #9
                  Well basically all thats on the ticket is a bunch of numbers like area 1705 that mean nothing to me, so I have even less of a chance.
                  What am I supposed to do if I fight it, I have nothing at all to say in court.

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                  • Lohman446
                    Useful posts: 7
                    • Jun 2003
                    • 9315

                    #10
                    Be apolgoetic, if it comes down to it, accept responsibily, explain you realize you erred. Also make it clear you were slowing down, though you already should have been under the speed limit posted, you were on your way there. He trapped you, which no judge is going to be happy about, you will probably get it lowered as long as your not a jerk.
                    "Unless someone like you cares a whole awful lot, nothing is going to get better. Its not" - Dr Suess

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                    • Lohman446
                      Useful posts: 7
                      • Jun 2003
                      • 9315

                      #11
                      BTW, I have never fought a ticket, the $100 fine and couple pointst hey have ever been have nto been worth it, but I have a lot of friends who fight everything and do ok
                      "Unless someone like you cares a whole awful lot, nothing is going to get better. Its not" - Dr Suess

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                      • PyRo
                        President Bioloaf inc.
                        • Dec 2000
                        • 10186

                        #12
                        Try a 400 fine at the least, and a 800 a year insurance increase, I think its worth fighting, and just trying to get reduced, and in order to get a court date I have to send them the ticket with a plea of innocent, so what do I do, say I didn't do it, then show up there and appologize for doing it?

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                        • impostal22
                          disgruntled...
                          • Apr 2003
                          • 1623

                          #13
                          what you do is...you go to court early, and chances are mr officer who ticketed you will be outside of the courtroom waiting for it to open up. talk to him with extreme respect and regret for your actions. chances are you can convince him to either drop the charges or lower it immensely. if you go to court, it shows you care, and frankly cops dont wanna be sitting in traffic court so they'll either let it go or lower it.

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                          • Restola
                            Certificated Cloud Buster
                            • May 2001
                            • 2230

                            #14
                            Originally posted by impostal22
                            talk to him with extreme respect and regret for your actions.
                            Don't you mean the prosecuter?

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                            • CasingBill
                              The Case Wang
                              • Jan 2003
                              • 1347

                              #15
                              Originally posted by impostal22
                              what you do is...you go to court early, and chances are mr officer who ticketed you will be outside of the courtroom waiting for it to open up. talk to him with extreme respect and regret for your actions. chances are you can convince him to either drop the charges or lower it immensely. if you go to court, it shows you care, and frankly cops dont wanna be sitting in traffic court so they'll either let it go or lower it.

                              He is right...the first step though is plead not guilty and be sure to not request the supporting deposition. You also have to find out for sure who you are dealing with. The majority of the state has the officer handle all dealings, but there are some areas of the northern and western part of the state where the tickets are handled by a district attorney. I am an expert on NYS speeding tickets. If u were a jerk when he was giving you the ticket...forget it....you're screwed.
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