Need Help.. SPeeding ticket..
#11
RE: Need Help.. SPeeding ticket..
I would just pay it $140 for a ticket is nothing. just tell them you want to take the class. first it will lower the price of the ticket a little. you go to the class or you can go on line and take it. you sit there for a few hours talking about stupied stuff, watch some bloody videos and thats it. That will remove the 3 pointsoff your license. your insurance should not go up for 1 ticket. Trust me i have been to the class 3 times and a 12 hour class for having my licensesuspended. i have roughly 33 tickets over the last 8 years. not all moving violations. it is you first time just dont let it happen again j/k just be safe next time. hope this helps
#12
RE: Need Help.. SPeeding ticket..
My first two tickets were nothin. I was going 85 in a 65 in my truck and all I got was a $60 ticket and some "driving school" where an ex-cop yelled at us about drinking and driving... Second was on my dad's old bike going 13 over, paid $55 dollars and stayed clean for 6 months and it was off my record and insurance. So for me, just paying the ticket and staying clean for a while is the best thing to do. But Montana is very lax.
#13
RE: Need Help.. SPeeding ticket..
A couple of bucks isnt bad, I've had 500+ and my latest and lamest claim to fame is good, On Marine Corp Base Camp Pendleton you have to wear hard sole boots covering your ankles, yeah i was in shoes and got my driving privilages for all vehicles suspended for 30 days. Talk about stupid. Pay the fine go to drivers ed and accept thefact that theres more to come, The world hates motorcyclist even most motorcycle cops.
#16
RE: Need Help.. SPeeding ticket..
sorry to say its a case of he said she said and the law, stands behind you guessed it law enforcement. Sometimes just the prinicipal of going to court may get you out of points being issued. Taking the class does the same thing, however you have in most states a life time limit of 5 or 6 attendences of it. If you do plan to fight it getting a lawyer does not mean you will win, it may show the fact you are serious that there has been a mistake. Also replay the scene in your mind. Did you change lanes and end up in clear line of sight for the officer? Also your story of the slow car leaving off the light will also speak that you were no at a stand still and that you had to be travelling at least 10mph faster than then the car and I am sure the Judge will assume you would be at or near the posted speed since you never fully stopped.
Your best bet is to fight it for the principal, be polite to both the officer and judge (hello good morning etc be polite no matter what!!!)dress well, keep an innocent face, speak clearly, use no slang. Statementssuch as cops are out to get bikers or because i am youngthey pulled me over will mark you as someone looking for an excuse. Its no different then someone pulling the race card we are all heard it before and thesejudges spend day in and day out hearing every type of excuse. Make it clear of your record, now if you are 16 and have had a lic for 3 months thats not any credit
these days most officers show up and havethe radar logs showing the equipment was recalibrated as required to be be accurate however you never know. It is a gamble but one i would say is worth it, where i am from oringinally the cheapest ticket you got for speeding is $150. (my case he didnt show but i was initiallytriedbut later dismissed asI explained truthfully i was under the speed limit in heavy floridarain inrush hour trafficand my truck hydroplaned and that me being issued a reckless driving ticket for something i could not have predicted is not grounds for that ticket, I even broughtphotos of the lane where my event began thatshowed where the water may have pooled ina 100 ftgorgeon the hwy)
Court is 90% judgement on the person and 10 % actual law dont forget that. Thats why someone can steal 5k in clothes and get probation or someone can steal even less and get a few days in jail.
Getting the points off the offense is the most important as that is whatinsurance looks at. (i worked for an insurance company by the way)
If you do plead not guilty write downwhat you want to say,to focus your defense and by all meansdo not contradict yourself or say somethingthat can lead to other assumptions such as you saying you overtook the slow movingcar, the judge will say perhaps he was slow to you because you were doing 20 overthe posted.
I am not a lawyer either just some advice good luck
Your best bet is to fight it for the principal, be polite to both the officer and judge (hello good morning etc be polite no matter what!!!)dress well, keep an innocent face, speak clearly, use no slang. Statementssuch as cops are out to get bikers or because i am youngthey pulled me over will mark you as someone looking for an excuse. Its no different then someone pulling the race card we are all heard it before and thesejudges spend day in and day out hearing every type of excuse. Make it clear of your record, now if you are 16 and have had a lic for 3 months thats not any credit
these days most officers show up and havethe radar logs showing the equipment was recalibrated as required to be be accurate however you never know. It is a gamble but one i would say is worth it, where i am from oringinally the cheapest ticket you got for speeding is $150. (my case he didnt show but i was initiallytriedbut later dismissed asI explained truthfully i was under the speed limit in heavy floridarain inrush hour trafficand my truck hydroplaned and that me being issued a reckless driving ticket for something i could not have predicted is not grounds for that ticket, I even broughtphotos of the lane where my event began thatshowed where the water may have pooled ina 100 ftgorgeon the hwy)
Court is 90% judgement on the person and 10 % actual law dont forget that. Thats why someone can steal 5k in clothes and get probation or someone can steal even less and get a few days in jail.
Getting the points off the offense is the most important as that is whatinsurance looks at. (i worked for an insurance company by the way)
If you do plead not guilty write downwhat you want to say,to focus your defense and by all meansdo not contradict yourself or say somethingthat can lead to other assumptions such as you saying you overtook the slow movingcar, the judge will say perhaps he was slow to you because you were doing 20 overthe posted.
I am not a lawyer either just some advice good luck
#18
RE: Need Help.. SPeeding ticket..
lol ok cBatt,This was my first post it had to be one to remember, actually i had the window really smallI didnt see howmuchI typed (wow)basically I was giving you a game plan if you decide to fight it,
1stparagraph, you need to focus on the scene ask yourself what is logical if there is no logical way the cop could have tagged you, thats your first point.
2nd paragraph how to handle yourself in court, its all a kiss as* game with out over doing it.
3rd paragraph the misconception of if the cop doesnt show up, what can really happen is they send in a written report that is just as good as if your brought in a notorized statement
4th just the importance of wanting at least no points on your lic they may have a term which is pleading NO contest, all that means is you are guilty but you are not saying your guilty or put another way someone says you did it, but you choose not ot respond to it either way.
Good LUCK I think is about as summarized as i could get it lol pm if you want more lol
1stparagraph, you need to focus on the scene ask yourself what is logical if there is no logical way the cop could have tagged you, thats your first point.
2nd paragraph how to handle yourself in court, its all a kiss as* game with out over doing it.
3rd paragraph the misconception of if the cop doesnt show up, what can really happen is they send in a written report that is just as good as if your brought in a notorized statement
4th just the importance of wanting at least no points on your lic they may have a term which is pleading NO contest, all that means is you are guilty but you are not saying your guilty or put another way someone says you did it, but you choose not ot respond to it either way.
Good LUCK I think is about as summarized as i could get it lol pm if you want more lol
#19
RE: Need Help.. SPeeding ticket..
This has gotten me out of a number of tickets.
1) Look on the internet for the number and call the Department of Transportation in the county or city where your ticket was issued. If you cannot find number, call the court phone number on your ticket. Get a phone number from them for the city or county offices (or whatever named office they are calling it, that handles transportation matters for that area. Call them and get a copy of the “speed survey/traffic study” (sometimes referred to as an “Engineering and traffic survey”) of the road and location where your ticket was issued. They may end up referring you to the city engineering office or something similar. But whatever it takes, get a copy of the survey! It is the law, that they MUST send it to you if you request it, although it may cost a small fee (IE: $5), to have copy sent to you. If you are given any trouble by anyone while trying to get a copy of the survey, point out the Federal law, called the “Sunshine Act”, and the “Freedom of Information Act” requires them to provide it to you. Do not reveal the reason you want the survey. Just say you need it for business purposes, or something to that effect. You do not want to risk tipping the police off as to what your defense strategy is.
2) If you are told that a speed survey for the location that your ticket was issued at does NOT exist, document the name, title, etc, of whoever told you that. Get the person who told you there’s not survey to fax or email you that a survey does not exist (on their letterhead, or with their email address showing) – so that you have it in writing from them. GIVE THE JUDGE the Case law (and vehicle codes if we have provided them), and request a dismissal on the basis that a speed survey MUST exist for all roads in the U.S. If the judge refuses your motion for dismissal point out that the case law supports your motion for dismissal. If after reviewing the case law, the judge objects to the case law because it is from another state. (If we have provided vehicle code excerpts) Point out you have also given him vehicle code excerpts showing that this is also the law in THIS state. Also say that all 50 U.S states are compelled to make their rulings based on Federal law as described in the MUTCD. Therefore this state and any other by federal law are supposed to be following the same guidelines. (Legal justification for this can be found below)
3) If you already have a copy of the survey, do NOT reveal to the court right away that you have one. Instead open your defense by asking the prosecution to produce right now in court the speed survey. If they do not have it with them - hand the judge the case law. If they have not produced the survey, ask the judge to dismiss the case right now. If he does not, go on to number 4.
4) When you get the speed survey check the date that the survey was conducted. If the date is 5 years or more, older than the date of your ticket, bring the survey to court, hand the judge the case law, (and vehicle code excerpts if we have provided them) and request the ticket be dismissed on the basis of an outdated speed survey for the area your ticket was issued. If the judge refuses your motion for dismissal, point out that the case law supports your motion for dismissal. If after reviewing the copy, the judge objects to the case law because it is from another state…(If we have provided vehicle code excerpts) Point out you have also given him vehicle code excerpts showing that this is also the law in THIS state. AND also that all 50 U.S states are compelled to make their rulings based on Federal law as described in the MUTCD. Therefore this state and any other by federal law are supposed to be following the same guidelines. (Legal justification for this can be found below)
5) If the survey is less than 5 years old,
1) Look on the internet for the number and call the Department of Transportation in the county or city where your ticket was issued. If you cannot find number, call the court phone number on your ticket. Get a phone number from them for the city or county offices (or whatever named office they are calling it, that handles transportation matters for that area. Call them and get a copy of the “speed survey/traffic study” (sometimes referred to as an “Engineering and traffic survey”) of the road and location where your ticket was issued. They may end up referring you to the city engineering office or something similar. But whatever it takes, get a copy of the survey! It is the law, that they MUST send it to you if you request it, although it may cost a small fee (IE: $5), to have copy sent to you. If you are given any trouble by anyone while trying to get a copy of the survey, point out the Federal law, called the “Sunshine Act”, and the “Freedom of Information Act” requires them to provide it to you. Do not reveal the reason you want the survey. Just say you need it for business purposes, or something to that effect. You do not want to risk tipping the police off as to what your defense strategy is.
2) If you are told that a speed survey for the location that your ticket was issued at does NOT exist, document the name, title, etc, of whoever told you that. Get the person who told you there’s not survey to fax or email you that a survey does not exist (on their letterhead, or with their email address showing) – so that you have it in writing from them. GIVE THE JUDGE the Case law (and vehicle codes if we have provided them), and request a dismissal on the basis that a speed survey MUST exist for all roads in the U.S. If the judge refuses your motion for dismissal point out that the case law supports your motion for dismissal. If after reviewing the case law, the judge objects to the case law because it is from another state. (If we have provided vehicle code excerpts) Point out you have also given him vehicle code excerpts showing that this is also the law in THIS state. Also say that all 50 U.S states are compelled to make their rulings based on Federal law as described in the MUTCD. Therefore this state and any other by federal law are supposed to be following the same guidelines. (Legal justification for this can be found below)
3) If you already have a copy of the survey, do NOT reveal to the court right away that you have one. Instead open your defense by asking the prosecution to produce right now in court the speed survey. If they do not have it with them - hand the judge the case law. If they have not produced the survey, ask the judge to dismiss the case right now. If he does not, go on to number 4.
4) When you get the speed survey check the date that the survey was conducted. If the date is 5 years or more, older than the date of your ticket, bring the survey to court, hand the judge the case law, (and vehicle code excerpts if we have provided them) and request the ticket be dismissed on the basis of an outdated speed survey for the area your ticket was issued. If the judge refuses your motion for dismissal, point out that the case law supports your motion for dismissal. If after reviewing the copy, the judge objects to the case law because it is from another state…(If we have provided vehicle code excerpts) Point out you have also given him vehicle code excerpts showing that this is also the law in THIS state. AND also that all 50 U.S states are compelled to make their rulings based on Federal law as described in the MUTCD. Therefore this state and any other by federal law are supposed to be following the same guidelines. (Legal justification for this can be found below)
5) If the survey is less than 5 years old,
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