need advice for speeding ticket..

[wiked87gn]

On the way back from Austin I got pulled over getting into el paso texas, damn highway patrol said i was doing 85mph on a 70mph zone, i know for a fact i was going only 75mph because i had the car on cruise control set at that speed and also my direct scan showed the same speed at my speedometer, he was moving driving on the opposite site of the road when my radar detector lid up like a xmas tree then i saw him go down make a U turn come back pull me over and the person behind me and proceded to give me and him a ticket, is there anyway to get out of this ticket? advice is welcome, oh yeah the 1st words out of Officer martinez was, (do you know what u got in here, i know about this cars, this is a T type grand national isn't it) my response to him was, yes it is sir but it goes only to 85mph see, me pointing to the speedometer his response was (yeah right) and then proceded to write the ticket..

 

[dgreen1069]

It's pretty tough to beat a ticket that was issued because of RADAR or LIDAR. RADAR works just as well while moving as stationary.....since the mid 90's, the higher end RADAR sets can measure speed from every direction (stationary, moving same & opposite direction, from the front and back)

I'll give you two ways to go which depend on how much time you have available. If your time is precious, I suggest you prepay the ticket and forget about it. If you have some free time and are willing to go to court, I suggest meeting with the prosecutor and asking if he'd reduce the speed to the next lower bracket in exchange for a guilty plea. It's hard to say if they will agree or not....it really varies by jurisdiction. Where I work, the courts are willing to reduce almost any speeding ticket to the next lower bracket. In VA the brackets are 1-9, 10-19, and 20+ over the speed limit. They are 3, 4, and 6 point violations respectively. Good luck.

 

[85 ttypewh1]

Take the defensive driving course and you will not get any points and it wont show on your ins. but you will be on probation for a year so dont get another ticket. They charge like 50 bucks for court fees.

 

[BandAid]

Take the Defensive Driving Class On line,much easier and you can do it whenever you want to ,The class for IL.is 4hrs long so I would do 1hr a week and drink beer while doing it at my desk.that was the stupidest move on their part to have it on line...I have done it more than 5 times

Damn black car......

 

[Gary Wells]

FWIW & IMHO:
None of my business here, but I think that the person involved here is in Rained out ex-sunny So. Cal. Might be not time worthy for him to return to Texas.

 

[Swt_86]

What dgreen said is true. Many court systems don't really want to screw with speeding tickets. While it may be difficult to get out of the ticket entirely, in most cases the court systems have an unwritten policy to reduce charges to a lesser amount over the limit if you protest the ticket. Send the ticket back in before the court date stating that you intend to protest the charges. Don't get creative and defend your position at this point, just let them know you intend to appear in court to present your side of the case. They will usually send you a letter setting another court date. A couple of weeks before that date, they'll usually send a letter offering a plea bargain. You may or may not have to appear in person. In some states, the arresting officer must appear in court to testify on his day off Good luck.

 

[TurboJunky]

If you have a California license the points or even abstract may not show up on your record. Some states reciprocate abstracts and/or points and some do not. That said you may consider paying it if it won't show on your driving record.

As far as your true speed here's my take:
- Radar is much more accurate than mechanical speedometers
- He could have read the speed of another car
- Your speedometer is wrong

Do you have oversized tires?
Have you had your speedometer calibrated?

IF you had a hearing and he testified his estimated speed of your car matched the radar and can identify your car as the responsible vehicle your chances of winning are slim/none.

 

[wiked87gn]

my car speedometer is right , and so is the direct link, no i do not have oversize tires, he asked me to contact the judge on or before the date to appear, maybe the judge will be able to lower the ticker speed, because it is the right thing to do, 75 its only 5 mph over the speed limit, i know in some states if the wheater traffic conditions and road conditions allow it you can go over 10mph over the limit without having to be penalized for anything, at least i know this is allowed in california..maybe i should try this line of defense to defend the ticket..

 

[BlownZ]

275/60/15s are not stock size. I suspect your speedo is off. Radar is dead on accurate.

 

[TurboJunky]

May I ask how you know your speedo is correct?

I believe your TurboLink gets speedo information from the computer, which gets it from the tranny so if it's wrong it wouldn't be unusual for the TurboLink and speedo to match.

 

[85HOT-T]

OK well I have been issued a few tickets and never got 1 point. You need to go to court. Try to talk to the officer outside the court room. I have always been able to make some kind of deal with the officers were I get finedbt points are dropped. It has never failed and I am only 20 with no points, and 8 tickets issued, one wreckless.

 

[TurboJunky]

Originally posted by BlownZ
275/60/15s are not stock size. I suspect your speedo is off. Radar is dead on accurate.

Agreed. If your tires are taller than the stock 215/65/15's then your axle will spin slower thus showing a lower speed on your speedometer unless you changed the speedo gearing in your tranny.

Remember, the stock size tires were PUNY. So if your tires are taller that'll show slower speeds on your speedo and TurboLink.

 

[bruce]

Originally posted by wiked87gn
my car speedometer is right ,

From time to time they have road side radars set up around here. I've seen as much as 5 MPH differences, with NO changes made to the car. In the speedo head is a little clock work type mechanism, with a friction disc. Age, mileage would seem to introduce an error in there, IMO, and that seems to be true given the 5 MPH errors.
YMMV

 

[Gary Wells]

Originally posted by wiked87gn
my car speedometer is right , and so is the direct link, no i do not have oversize tires, he asked me to contact the judge on or before the date to appear, maybe the judge will be able to lower the ticker speed, because it is the right thing to do, 75 its only 5 mph over the speed limit, i know in some states if the wheater traffic conditions and road conditions allow it you can go over 10mph over the limit without having to be penalized for anything, at least i know this is allowed in california..maybe i should try this line of defense to defend the ticket..

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..............i know in some states if the wheater traffic conditions and road conditions allow it you can go over 10mph over the limit without having to be penalized for anything, at least i know this is allowed in california..maybe i should try this line of defense to defend the ticket.. [/B][/QUOTE]
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Harold/Kevin:
I do not believe that there is any such law in Ca. Or at least I would sure as hell like to see it in print. What you are basically quoting/referencing is a law that referred to as the "prima facia" law, I believe that it is called, that restricts your speed to be only as fast as external traffic conditions, ( weather, lanes obstructed, accidents, and any other modifying conditions), allow below the
posted speed limits. The only conditions that allow you to go over the posted speed limits are emergency personnel directing you to do otherwise, and on speed limit sighs that do not use the term "maximum speed limit" Any speed limit sign that states only the "speed limit" such as "70 miles per hour" do or are supposed to have a plus or minus tolerance, and the plus side of the tolerance wil be very minor. Other states may or may not have a similiar statute regarding the use of the term "Maximum" involving speed limits. I don't believe that the citation issueing officer is going to inform you of the tolerance, either, nor do I believe that all traffic officers are aware of this. No flaming intended. Just my $ .02 worth.

 

[wiked87gn]

rear tire size are 245/60/15 front are 235/60/15, wells yes there is such a law and you can use it on your defense in court when you are cross examining the officer, the law says that if all of the above mentioned IE, weather,road and traffic conditions allow it you can go 10mph over the speed limit, i have a friend who is a lawyer and he told me about this law and he has used it in defense of offenders succesfully..

 

[TurboJunky]

Lucky you weren't in MI. No excuses here and we take your license when you get a ticket.

 

[Gary Wells]

Is that city, county, or state, and may I have it's reference no?
More than likely, at some point in time, some defense attorney used that successfully in court and won the case. That does not make it law, but it might help you win your case. If you have a friend that's an attorney, why don't you seek his counsel? I am sure that he can advise you of your best course of action.

 

[dragonational]

i got popped doing 78 in a 45. i went to the court and told them that i was deploying(which was true) and they put me on reserve judgement. Tire size shouldnt make a ten mph difference in speed readings. I suggest that if you go to court that you get a copy of the radar calibration. if it has not been calibrated in a certain amout of time the ticket may get thrown out. its a long shot but hey you never know. Harry

 

[dgreen1069]

RADAR's and LIDAR's are not generally calibrated. They are tested for accuracy against tuning forks and calibrated speedometers. As long as the officer tested the equipment the way he was supposed to, there isn't much of an argument as far as the validity and accuracy of the instrument.

 

[BLACK6PACK]

Call a local traffic lawyer in the area you were busted. They tend to show up to court with 100+ tickets that people are protesting. Judge usually reduces the charges on all tickets as long as your record is fairly clean. These lawyers usually charge about $100. So, for $100 plus court costs $50, it is usually a deal when you take into consideration your time, and insurance hikes, plus the initial ticket.