Speeding ticket, can I beat it? (Cook County, Georgia)

This is a discussion on Speeding ticket, can I beat it? (Cook County, Georgia) within the Traffic & Speeding Tickets forum, part of the CRIMINAL LAW, ARRESTS, TRAFFIC TICKETS category; First off, the conditions are not in my favor. It was clear, bright out, and no traffic around me. Cook ...

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Old Apr 24th, 2012, 10:47 AM   #1
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Default Speeding ticket, can I beat it? (Cook County, Georgia)

First off, the conditions are not in my favor. It was clear, bright out, and no traffic around me. Cook county, Georgia

Hi, my friend and I were traveling south on i-75 when i noticed a cop car on top of the exit ramp looking at the on coming traffic, I was going somewhere in the 72-75 mph range so i decided to slow down and watch my speed, the cop didn't pull me over. About a mile down, after a bend in the road, i noticed another cop so i look at my speed and its either a little on or above 75 mph and let my foot off the gas. The cop pulls out when i get close to him and he pulls me over. He claims he clocked me at 85 mph. When he approached my car he asked for insurance, license, and registration. He then took them and went back to his vehicle and about two minutes later he comes back with a citation. He tells me to sign it and its not an admission of guilt. I try explaining to him that there was no way i was going 85, and that the previous cop didnt pull me over, but the officer says i must have altered my speed from that point to him. He then circles a number on the second sheet he gives me and says to call that number to take care of the ticket and to merge carefully back into traffic.

Three things to this stop lead me to believe that I was misjudged:

1.What the officer didn't say. I have been in the car when my family has been pulled over and usually the officer has some kind of conversation with them.. If simply not asking where they are going, coming from, reason why they got pulled over, etc.. This cop said nothing to that effect, and was pretty emotionless through the whole stop. He also made it very adamant about "taking care" of the ticket by circling the phone number on it..

2. How quickly the stop was. The officer had to go back to his vehicle and immediately fill out this citation because there are 15 lines of information he wrote and he got back to my vehicle very quickly. From past experience the officers have taken at least double the amount of time for less mph over and not writing any tickets.

3. When he pulled out. The cop also didn't pull out until my car was about 15 yards from him, giving him enough time to identify my car.. a red (yes, **** me) 95 camaro with black stripes and aftermarket rims..

I did a little test after he released me, and from going from a stable 73 (a solid 1500 RPM) to 85 my camaro has to jump up to 2500 RPM, at which point the engine begins to really work and a loud rump can be heard and felt. I asked my friend if at any point from the first cop to the second if he heard or felt said effect, and he said he didn't. I'm still in shock because there is no way I was going 85.. My friend can also testify to my state of mind when the officer was writing the citation, I kept asking him if he noticed my speed was in fact that high, and he witnessed my hands badly shaking when i signed the citation, obviously not the act of a guilty person.

I don't want to call the officer a liar, but I just can't live with being citied for something I didn't do. My theory is the officer clocked me going somewhere in the 75-77 mph range, waited until he could identify my car (a red sports car), then pulled me over and claimed I was going 85; this would attest to his behavior making short work of an innocent person..

My question here is how my defense sounds; If i describe how the stop went down (detailing the officers character) and the testimony of my friend (possibly along with a diagram of the road showing that my car needed to accelerate and none of us witnessed that) can i create enough doubt to get the ticket dropped?
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Old Apr 24th, 2012, 01:16 PM   #2
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Default re: Speeding ticket, can I beat it? (Cook County, Georgia)

I wish to inform you that you may contest the speeding ticket. You may first draw a map of the area where the incident took place and show to the court the place where the last cops were and how you could not reach 85 in such a short distance. You may also inform the car was not making the loud running noise it makes at 85. You may conduct Discovery to draw out vital information from the police officer which may help you to show your viewpoint to the court esp. relating to the estimation of speed. On the day of the hearing you must reach the court on time appropriately dressed. The court will consider all the facts and decide the matter.

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Old Apr 24th, 2012, 04:30 PM   #3
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Default Re: Speeding ticket, can I beat it? (Cook County, Georgia)

All of what you say sounds like a toss up, your word against the officer's who said he paced you. Except for one thing -- and that is you had a passenger in the car. If that passenger can testify that he saw the speedometer just before you were stopped and it read "75, 72," or whatever AND you can present certification from a speedometer shop that your speedometer is in good working order and accurate, then you might have a chance. Chances are the officer will not be prepared to present evidence in court that his speedometer was checked for accuracy immediately before he ticked you.

Good luck!
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Old Apr 24th, 2012, 09:04 PM   #4
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Default Re: Speeding ticket, can I beat it? (Cook County, Georgia)

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Originally Posted by Friend In Court View Post
All of what you say sounds like a toss up, your word against the officer's who said he paced you. Except for one thing -- and that is you had a passenger in the car. If that passenger can testify that he saw the speedometer just before you were stopped and it read "75, 72," or whatever AND you can present certification from a speedometer shop that your speedometer is in good working order and accurate, then you might have a chance. Chances are the officer will not be prepared to present evidence in court that his speedometer was checked for accuracy immediately before he ticked you.

Good luck!
he didn't pace me, but was parked on the side of the road and claimed he clocked me with a laser device
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Old Apr 24th, 2012, 11:15 PM   #5
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Default Re: Speeding ticket, can I beat it? (Cook County, Georgia)

Ask for proof when the laser gun was last serviced/calibrated.
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Old Apr 25th, 2012, 03:31 PM   #6
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Default Re: Speeding ticket, can I beat it? (Cook County, Georgia)

You are entitled to have the make and model of the radar gun, do some homework on its reliability and require proof of calibration when you have your day in court. Still, have your speedometer checked so you have that evidence when you go to court. And your witness with you.

Radar tickets can be beaten. Another car on the road? Could he have picked that one up instead of you? Where the officer was looking when the gun went off? His powers of observation, attention, how long on shift? Your job will be to shake his credibility and the reliability of his radar gun.

Do your homework before you go to court and you just may win the case.
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Old Apr 25th, 2012, 07:48 PM   #7
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Default Re: Speeding ticket, can I beat it? (Cook County, Georgia)

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Old Apr 26th, 2012, 01:43 PM   #8
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Default Re: Speeding ticket, can I beat it? (Cook County, Georgia)

Update: Talked to the officer, and he said he'll drop the speed down to 83, which lowers the fine 40$, puts no points, and isn't super-speeder status.

He also put up an interesting point: My camaro has 18.5" aftermarket tires, aftermarket rims, and aftermarket speedometer, which aren't calibrated together, so ill be traveling faster then what i think.

I read an article that said not knowing the law isn't a defense, but not knowing all the facts is. To the best of my knowledge, i was thought to be traveling at legal speed, but it appears that i was going faster. I just bought the car like 2 weeks ago, and am young. I didn't know.
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