Speeding Ticket
This is a discussion on Speeding Ticket within the Traffic & Speeding Tickets forum, part of the CRIMINAL LAW, ARRESTS, TRAFFIC TICKETS category; I was recently cited for speeding. The officer pulled me over 3-4 minutes after alleged infraction, after I traveled through ...
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#1 |
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I was recently cited for speeding. The officer pulled me over 3-4 minutes after alleged infraction, after I traveled through the center of town ( 2-3 red lights). I do not believe I was speeding at the time they allege. Then I noticed on the ticket: he wrote down the incorrect color of my vehicle. Is this a ground for dismissal?
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#2 |
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Ive talked to friends who tried to get out of a ticket for various reasons such as an incorrect color of the car posted on the ticket etc...and that doesnt work...BUT you can try and get the cost of the ticket reduced...I used to do this for a living...first you have to include the cost of the ticket with your letter...your letter should request that the fine portion of the ticket be reduced or dropped because you are a working man, have excessive bills, pay child support or whatever works for you...and 9 times out of 10, the ticket will be reduced to cover only administrative expenses (they deduct the actual fine from your ticket).
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#3 |
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Forum Administrator
Join Date: Jun 2007
Posts: 1,242
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See WORLDLawDirect - Fighting a speeding ticket
The court will normally just correct ticket errors unfortunately. |
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#4 |
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Go back to the area where he said he clocked you speeding. See if there is a reduction of speed limit sign there, or notification that speed detection devices are in use. If either exists there is probably a state law (google it) that says they can't opperate speed detection devices within a certain distance of that signage. Also, follow the path from that point to the point you were pulled actually given the citation. Anything that puts space between you and the officer can be used to your example. Why did it take him so long to get to you? Was there a lot of traffic between he and you? If so, how did he keep a line of siight of the automobile he was persuing? The officer may claim he had you in his sight the entire time. If they have video, this may actually play out to your advantage. For starters, call the number on the ticket and let them know you want to view their video if one exists. IF you were going the opposite direction when you were clocked (once again keeping the location of signage in view), the officer HAD to turn around which means he HAD to loose sight of the vehicle he was persuing.
IF signage exists that you can use against them and have the radar evidence thrown out of court (40-14-9 in Georgia), the prosecuter may be sharp enough to try to use the officers testimony and experience as evidence against you. You need to take color samples to court and have the officer identify the colors (your car and whatever he put on the ticket). If the prosecution objects (irrelevant) point out the court that the officers opinion is being used as testimony against you, and therefore his opinion and ability to determine color, as well as other testimony is relevant. IF there is no sigange that would work against them, there is not a lot you can do about it. However, view their video, and then inspect that area. If there is sigange, that is an ace in the hole, it's not your entire case, but something nice to have just the same. IF the officer claims to have had you in his sight at all times, and he did have to turn around, ask him how he kept you in his sight and made sure it was safe to pull out into traffic at the same time (whether you turn in somewhere and turn around, or whether you do a 180* turn, you still have to look for oncoming traffic or you'll be in danger of being in a wreck). Then ask the officer again, based on your turning around, are you SURE you had a line of sight on the vehicle you were persuing at all times? His answer will have to be NO. Ask the officer if the vehicle was sitting still in front of him when the wrote the citation? Obviously it was. Then ask the officer, the following question ONLY if it is his testimony being used instead of the radar; "You got the color of a stationary vehicle wrong, and you have admitted to loosing sight of the vehichle you were persuing. IS IT POSSIBLE that since you lost sight of that vehicle, AND listed a different color of my vehicle, that you got the wrong vehicle? He may still say that it is not possible. If so, ask him how he can PROVE he got the vehicle now that he has admitted loosing sight of the vehicle he was persuing, and realizing you made a mistake on a vehicle that was sitting still in front of him? NOW, on your next off day, go sit in the traffic court you will be attending. WATCH the procedures. There is a set way things are done that will not be altered for you. Opening statement, state calls witness (officer), state questions witness (this is where you find out if they are relying on radar, or his 'testimony' as evidence against you), you get to cross examine witness - Cross Examine means ask questions NOT make statements....IF you need to make a statement, then you call yourself as a witness and make your statement, but you will then also be subject to cross examination. Your best bet is to form everything into a question, including questions about their video; even "are you familiar with law 40-14-9 or whatever it is in FL. |
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#5 |
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I have gotten so many speeding tickets I cant count them all.
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