Stupid speeding ticket

[SpongeBobSquarePants]

I may get flamed for this, but its just a thought. A good way to get the ticket droped, if not all the way at least reduced is get your car recalibrated. I had a friend who got pulled for doing 62 in a 35. He pulled some strings when getting his car recalibrated and they put down it was 15 mph off. So I believe he just has to pay court cost now. Also if you have bigger tires on your vechial then stock, that is another way to get off. Just a thought.

[Thordic]

Originally posted by Will Wood
No he does not need anything other than his own supicion to search your car. Given how he can't simpley go and get a warent, you car can and will move. your house ain't moving. He can search you legally.

Uhm, no.

[Lohman446]

Originally posted by SpongeBobSquarePants
I may get flamed for this, but its just a thought. A good way to get the ticket droped, if not all the way at least reduced is get your car recalibrated. I had a friend who got pulled for doing 62 in a 35. He pulled some strings when getting his car recalibrated and they put down it was 15 mph off. So I believe he just has to pay court cost now. Also if you have bigger tires on your vechial then stock, that is another way to get off. Just a thought.

But, if a judge sees taht large of a difference, he is likely to smell the BS and use the line "you are responsible for your vehicle" Your speedo being off does not releive you of any responsibility for speeding.

BTW, in MI (at least around here) police officers are not paid to show up at court for civil infractions (speeding) so if its not during their normal shift they usually do not go at all.

Last ticket I got, cop pegged me at 92 in a 55 - long country road, I pulled over as soon as he saw me - at the safest location availabe, made no effort to elude and I could have by the time he turned around (this has gotten me off from some very serious tickets one was at slightly over 100 in a 55). When he asked me how I was I was like "glad I was in this and not my Porsche, hehee." He dropped it to 64 for me, and I paid the ticket and didnt complain.

[PyRo]

Originally posted by Will Wood
No he does not need anything other than his own supicion to search your car. Given how he can't simpley go and get a warent, you car can and will move. your house ain't moving. He can search you legally.

No, he needs "reasonable cause". If I were to try and sue him which i'm not, he would have to be able to say that he thought I had something I shouldn't in the car, and why he thought that. Just having bags in your car isn't reasonable cause.

[Restola]

Not giving him permission to search your car (which is much different than your home for example) may be enough reasonable cause.

Last I heard its enough to get a warrent here (and no, you can't take your car while you wait for the judge).

[PyRo]

Originally posted by Restola
Not giving him permission to search your car (which is much different than your home for example) may be enough reasonable cause.

Last I heard its enough to get a warrent here (and no, you can't take your car while you wait for the judge).

Not giving him permission is not reasonable cause, if he uses that for reasonable cause he is in more trouble than you are. Hell, he can find 20 dead bodies in the back of your truck, but if his cause for searching was that you wouldn't give him permission guess what. Thats inadmissable as evidence, and you get off.

[Will Wood]

Originally posted by Thordic


Uhm, no.

Well that's what I was told in my Government class, taught by a former lawyer. So I wasn't just randomly saying that. Oh well.. I never said he was a good lawyer.

[RRfireblade]

Originally posted by PyRo


Not giving him permission is not reasonable cause, if he uses that for reasonable cause he is in more trouble than you are. Hell, he can find 20 dead bodies in the back of your truck, but if his cause for searching was that you wouldn't give him permission guess what. Thats inadmissable as evidence, and you get off.

I think your over analyzing it,it's not exactly a high profile case.If he says he had reasonable cause to search,guess what,that's all it takes.It could be anything,he did pull you over for speeding,that could be enough.If he just walks up to you while your pumping gas and asks to search your car then maybe you have a case,maybe.It's still his word against yours,who do you think has the upper hand there.

It's a moot point though unless you want to bring charges against him for it and then tell us all how it works out.

[PyRo]

Well i'm not planning on doing anything about it, I don't feel like dealing with it. But if I did, I think I could probably win. I don't have to prove anything, he has to be able to justify the search with reasonable cause. The officer that came and spoke in our criminal justice class, as well as the professor and the textbook, my law class last year, and that text book actually all said specifically a traffic violation, simple suspition and refusal to grant a search as examples of situations that do not justify reasonable cause but are often used and end up in lawsuits agains the police department. Now, had they had reason to believe that a large drug shippment or somthing was going to be passing through town and I happend to have several sealed bags at an odd time of the year yes that may justify reasonable cause.
I think if I really wanted to I probably could get a lawyer, sue them and probably get some kind of settlement. But by the time it was all done I would have put a whole lot of time into it, and after legal fees and all that crap I wouldn't end up getting anything out of it.

[purplemag]

Can you imagine, a drug or gun dealer with a bag of such merchandise gets pulled over, asked if the cop can search the car. Of course said person says no, and oh well no reasonable cause go on your way sir!
But yes go to court, don't "fight" the ticket, just try and get it reduced, and hope someone from the department does not show up, but if they do, suck it up and apologize out the butt!
Hey that is a good jingle...suck it up,apologize out the butt!

[PyRo]

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

One of those was hanging from the mirror, it had one of those telescoping magnet things you use to get metal things out of odd places shoved up its butt, plus burn marks from a soldering iron


Another interesting seach thing. An officer doesn't need any reason to check your person for a weapon, he can feel you or whatever you want to call it. But he cannot remove the object unless it seems to be a weapon, so he can be 100% certain you have drugs in your pocket, but its illigle for him to pull it out, or make you remove it.

[p8ntball1016]

you sick bastard

[purplemag]

I am pretty sure the reasonable search thing comes into play there. If you have thrown a bag of crack on the ground on the run..then you are in handcuffs, I am pretty sure he can remove whatever he darn well pleases from you.
I don't understand why people look for outs all the time. Be a decent person, don't deal drugs, don't speed, don't shoot people. I am not saying I am perfect, but if I mess up I admit to it, I don't look for every out and loophole there is.
You know what, if a cop says he has reasonable suspicion, more power to him, maybe it will help keep some idiots off of our streets. Let them do there jobs and stop looking for every little thing you can catch them on. Maybe you should try being a cop and abiding by every single letter of their procedures...different scenarios will always deem different reactions, live with it.

[PyRo]

What right did he have to look through my car? None. And yes if he arrests you for throwing crack on the ground, sure he can search you.
I was saying they can randomly search people for weapons, but they cannot pull out anything but a weapon.

[Thordic]

The only parts of a car the cop can search without strong reason for cause are the areas within reach of the driver and any passengers, and even then its supposed to be for weapons, not drugs, etc.

If he pulls you over and just is in a bad mood, and asks to look in your trunk, HE CANNOT. If you let him, you are voluntarily waiving your rights. That is your choice, but not necessary. You have eveyr right to say no, this is my property, and I do not want it to be searched.

If you let him search, you are not only giving up your rights, but you open up the possibility for him to find something someone else may have put in your car, you are opening up the possibility for him to plant evidence (rare but Im sure its happened some places), etc.

We went over this extremely thoroughly in a criminal justice class taught by an ex-secret service agent, and he said that even smelling marijuana isn't a guaranteed probably cause, and a good lawyer will tear a policeman apart on the stand if he didn't have good probably cause for the search.