need advice for speeding ticket..

[smokin'6]

ZOOM ZOOM

lead foot......

 

[wiked87gn]

easy there tiger, i am telling you this because not only it is a law weather it maybe prima facia you have a right to contest a ticket and use every means possible to win it, and that is exactly what i am going to do, wish me luck..

Originally posted by 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.

 

[BlownZ]

Can I ask why if you know all about the law and you were going to argue with everyone that responded...why you bothered to ask for advice in the first place?

 

[wiked87gn]

just wanted to see if anyone had anything good to say, but obviously not...

Originally posted by BlownZ
Can I ask why if you know all about the law and you were going to argue with everyone that responded...why you bothered to ask for advice in the first place?

 

[TurboJunky]

Originally posted by BLACK6PACK
Judge usually reduces the charges on all tickets as long as your record is fairly clean.

Not sure if this is standard practice in all states but it's unlawful for a judge or magistrate in MI to "reduce" a ticket. A judge (or jury) is a trier of fact only. By law they do not have the authority to find one responsible for a lesser civil infraction traffic offense. It's either "responsible" or "not responsible".

I have however seen magistrates do this. If an officer wanted to file a complaint the jurist would be in hot water for abusing their judicial authority.

** Keep us updated on the outcome of the hearing.

 

[BLACK6PACK]

This is what I have ran into throughout the country (in heavier populated areas). People protesting tickets clog up the court system, so anything they can do to get simple traffic tickets through quickly saves everybody money. Usually they have you or the lawyer plead "no contest" and they give you no points and only make you pay court costs, no fine.

I've got out of 3 tickets this way over the last 6-7 years. Last time I was in there, there were 50 people protesting, and the magistrate said he would have everyone out in 20 minutes. I was one of the last ones, and he still had 2 minutes to spare!

 

[Brer Rabbit]

you asked for that ticket

It only goes 85? You might as well have called the Officer a dumb ass by saying that. It was pretty funny, but I personally write people who try to BS me. Try being humble, its not that were tryin to make u feel small but the reality is the officer didnt post the speed limit, he only enforces it! Oh yeah remeber I will never write anyone drivin a Turbo-Buick in My District

 

[wiked87gn]

Re: you asked for that ticket

I was very humble, the only reason i said it only does 85mph is because he knew what the car was, and i was just adding some humor to it, i was very nice to him he even said the the black guy driving the other car gave him an attitude and that i didn't but he still gave me a ticket no matter what..

Originally posted by Brer Rabbit
It only goes 85? You might as well have called the Officer a dumb ass by saying that. It was pretty funny, but I personally write people who try to BS me. Try being humble, its not that were tryin to make u feel small but the reality is the officer didnt post the speed limit, he only enforces it! Oh yeah remeber I will never write anyone drivin a Turbo-Buick in My District

 

[Army MP]

Re: you asked for that ticket

Originally posted by Brer Rabbit
It only goes 85? You might as well have called the Officer a dumb ass by saying that. It was pretty funny, but I personally write people who try to BS me. Try being humble, its not that were tryin to make u feel small but the reality is the officer didnt post the speed limit, he only enforces it! Oh yeah remeber I will never write anyone drivin a Turbo-Buick in My District

So..............I can pass you doing 140?!

 

[Bonzai]

Still waiting ....

Originally posted by wiked87gn
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..

Still waiting on that Calif vehicle code to confirm this.

 

[wiked87gn]

i dont think is a standard code but like wells said, is the prima facia right and it can be use in your defense sucessfully, i have seen it used many times, the least it can do is convince the judge to lower the fee amount of the ticket best case have the ticket thown out, but it works ethier way..

 

[TurboJunky]

Can't go 10 over the speed limit here in Michigan for any reason according to our Motor Vehicle Code.

Here there are 3 types of speed limit:

Absolute = 70mph
Prima Facie = Posted limit
Basic Limit = Must drive according to weather conditions

As I've said before, if there isn't a legal exemption allowing you to exceed the posted limit to pass a car then you're guilty.

This issue is black and white, there is no gray area.

 

[Bonzai]

i dont think is a standard code but like wells said, is the prima facia right and it can be use in your defense sucessfully, i have seen it used many times, the least it can do is convince the judge to lower the fee amount of the ticket best case have the ticket thown out, but it works ethier way..

I hate to break it to everybody, but there is no such thing as "Prima Facia Law", there can only be a "Prima Facie Case". there is a difference between a Case, and a Law.

Latin for "at first look," or "on its face,"

In the legal realm of things Prima Facie is used as a prosecutorial tool in a lawsuit. Hardly ever is it used as a defense.

What all of this means is that you get caught on Video killing somebody, the prosecutor can present Prima Facie evidence to the judge which is suffient enough to prove the case, unless of course there is some $hit on the game thats in your favor. Normally a Prima Facie case presented to a judge will get you busted, no need for a jury. It's up to you to provide evidence on the contrary that would dispute the prosecutors "Prima Facie Case".

That's it in a nuttshell.

But enough about the legal-mumbo-jumbo ... Did you go to trial yet? Any verdict or pretrial settlement?

Inquiring minds wanna know.

... Bonz

 

[Quiky One]

Holy old post batman..

Jason

 

[Gary Wells]

I hate to break it to everybody, but there is no such thing as "Prima Facia Law", there can only be a "Prima Facie Case". there is a difference between a Case, and a Law.



In the legal realm of things Prima Facie is used as a prosecutorial tool in a lawsuit. Hardly ever is it used as a defense.

What all of this means is that you get caught on Video killing somebody, the prosecutor can present Prima Facie evidence to the judge which is suffient enough to prove the case, unless of course there is some $hit on the game thats in your favor. Normally a Prima Facie case presented to a judge will get you busted, no need for a jury. It's up to you to provide evidence on the contrary that would dispute the prosecutors "Prima Facie Case".
That's it in a nuttshell.

But enough about the legal-mumbo-jumbo ... Did you go to trial yet? Any verdict or pretrial settlement?

Inquiring minds wanna know.

... Bonz

-----------------------------------
Oops, my bad, I was thinking of the "basic" speed law, where speed is governed by external conditions which override or take predecent over the posted speed limit. Thanks for the correction.

 

[gyrhead]

Actually...

They are called "presumed" speed limits, and they do give drivers SLIGHT wiggle room to determine a proper and safe operating speed given the road conditions.

Some states have absolute speed limits where the driver is given NO leeway, while presumed speed limit states can allow slightly higher than posted speeds without tickets, typically 5-10 MPH over the posted limit.

No presumed limit will protect you from major stupidity, sarcasm to the law officer or basically driving like a squid.

 

[DavzGN]

....calibrated speedometers. ....

I remember reading a Car & Driver test of a Dodge Diplomat police cruiser back in the early 80's and it's calibrated speedometer was off almost 5mph at 60.

We used to have a attorney who advertised as the "fastest lawyer in the state," who used to get pulled over for speeding all of the time. He would keep delaying the court date until the department would got new cruiser's and Radar guns, then he would request that the radar gun that was used to issue the ticket be tested for accuracy. The case would then be tossed because they didn't have the radar gun anymore.


David
87GN

 

[TurboDave]

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..

Your rears are one size over stock, so that will induce some error. Unless you've corrected for it with a new speedo gear in the tranny, your speedo will read slower than what you're actually going. That plus age wearing on the VSS system, etc.
And DS is only as accurate as the speedo system (which is off).

 

[Pronto]

So I guess the defense of "I have to take a really bad crap" and then you get out and drop a loaf on the side of the road doesn't work?

 

[gyrhead]

So I guess the defense of "I have to take a really bad crap" and then you get out and drop a loaf on the side of the road doesn't work?

It didn't work for me.