Fighting speeding ticket tomorrow.

Mulhollanddose · 01-29-2006, 07:02 PM

So I am coming off the southbound 5 freeway, admittedly doing ~100+, onto the 170 towards Hollyweird...Pretty much smooth sailing (around 9 p.m.) weekday. Mean traffic flow 80ish. About 5-6 miles later, next to Universal Studios, I get this motorcycle coming up my ass fast. I am in the fast lane and I speed up a bit to get into the next lane (as slowing down was my only other option--not an option in my book--seems more dangerous)...I ride, I understand being on a bike, I would appreciate that...One small problem, the guy up my rear is a cop on a BMW...He pulls me over and tickets me for 90 mph.

I am hoping he doesn't show up, but if he does?...Advice?

Mind you, the guy followed me for 5+ miles (he says initially saw me get onto the 170 from the 5), through a section that he must have lost track of me, comes flying through and pulls me over after the 170/101 interchange..Average speed is between 70-80 on the 101...The cop has to look down at his speedo, look at me, keep his eyes on the traffic, all the while doing over 100, apparently, to catch up to me.

Sonic dB · Sonic dB's Garage

My advice would be to see if you can fight it with Trial by Declaration... It worked for me, but my ticket was a ridiculous ticket that I got for blowing a horn at some idiot. The judge surely saw how stupid the ticket was and dismissed it. All of this was done by mail. No appearance needed.

Check out this website for useful tips

http://www.ticketassassin.com/

Mulhollanddose · 01-29-2006, 08:05 PM

We are at Trial de Novo stage...traffic school is not an option.

jorian · 01-29-2006, 09:06 PM

Show them a random sampling of your OT posts and plead insanity - should work.

Mulhollanddose · 01-29-2006, 09:12 PM

Why do I get this feeling that the liberals on board are calling their respective covens, firing up the cauldron and sticking my voodoo doll with pins?

dd74 · 01-29-2006, 09:28 PM

Cop follows you for 5+ miles at 100 in your hotrod Izu, then he tickets you? Unfortunately, I think your only plea is "mercy."

M.D. Holloway · 01-29-2006, 09:34 PM

yup, yer done...now thats a shame

How about if you say to the Judge:

"Sir/Ma'am - I'm sure there are a few ways we can handle this, what way would be easiest for you?"

na...that may just land you in jail for 3 months

Mulhollanddose · 01-29-2006, 09:35 PM

Quote:

Originally posted by dd74
Cop follows you for 5+ miles at 100 in your hotrod Izu, then he tickets you? Unfortunately, I think your only plea is "mercy."

I think there are weaknesses in the fact that he did follow me for 5+ miles, he lost me (as I didn't see him in my rear-view at any point until it was too late), he guesstimated my speed (he said it took some time to catch me but didn't elaborate further)...Further, it isn't easy driving at such a high rate of speed on a bike, looking down at your speedo, keeping an eye on traffic and looking for the car you are tracking...He wasn't using radar.

I am going after his credibility. I am looking for the best tactic to do this...It is a game to these guys, I actually had a cop tell me in court one time that my only option for beating him was to attack his credibility.

Mulhollanddose · 01-29-2006, 09:37 PM

Quote:

Originally posted by LubeMaster77
yup, yer done...now thats a shame

How about if you say to the Judge:

"Sir/Ma'am - I'm sure there are a few ways we can handle this, what way would be easiest for you?"

na...that may just land you in jail for 3 months

How about..."Judge, I would like to plead the Bill Clinton defense...could I speak with you in your Oral office?"

edit for clarity: The judge would be the Monica.

dd74 · 01-29-2006, 09:37 PM

Quote:

Originally posted by LubeMaster77
How about if you say to the Judge:

"Sir/Ma'am - I'm sure there are a few ways we can handle this, what way would be easiest for you?"

na...that may just land you in jail for 3 months

Not if you offer up a nice Cuban to the judge...

dd74 · 01-29-2006, 09:41 PM

Quote:

Originally posted by Mulhollanddose
I think there are weaknesses in the fact that he did follow me for 5+ miles, he lost me (as I didn't see him in my rear-view at any point until it was too late), he guesstimated my speed (he said it took some time to catch me but didn't elaborate further)...Further, it isn't easy driving at such a high rate of speed on a bike, looking down at your speedo, keeping an eye on traffic and looking for the car you are tracking...He wasn't using radar.

I am going after his credibility. I am looking for the best tactic to do this...It is a game to these guys, I actually had a cop tell me in court one time that my only option for beating him was to attack his credibility.

Aside from he saying "it took some time to catch you..." which will be a slam dunk in itself, attacking his credibility, I would think, would be a sure-fire way to have the judge rule against you. Driving, looking at a speedo, and all that, and how hard it is, is relative. The fact is, you were speeding, he said you were for five miles, and it took him time to catch you.

It all goes against you, Jason.

Mulhollanddose · 01-29-2006, 09:54 PM

Well Johnny Cochran you are not...The CHP makes money for the state by exploiting speed laws that are set by enviros...The speed limit is debatable given average speed is more frequently than not exceeding that which is posted.

CVC 22400, "The Minimum Speed Law," requires that "No person shall drive upon a highway at such a slow speed as to impede or block the normal and reasonable movement of traffic...."

The Basic Speed Law, CVC 22350, states: "No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of the highway, and in no event at a speed which endangers the safety of persons or property."

The above essentially allows the loophole for going above the speed limit. If the speed on the freeway is 55 mph, and you are going 35 mph, you are driving unsafely...Therefore, if you are driving 55 mph when the traffic is moving at 80 mph, you are being unsafe.

CVC 22351(b), states: "The speed of any vehicle upon a highway in excess of the prima facie speed limits...or established as authorized in this code is prima facie unlawful unless the defendant establishes by competent evidence that the speed in excess of said limits did not constitute a violation of the basic speed law at the time, place and under the conditions then existing."

You combine the above law with the fact that I was pushed to 90, at the time the officer came up my rear, and you have a case for justification....Remember, he didn't have me on radar, he guessed my speed, which isn't hard evidence.

M.D. Holloway · 01-29-2006, 10:03 PM

You are in a riot, you block a punch and then throw one. A cop sees this and arrests you for A&B.

If this cop actually shows up in court, chances are he has been there before on numerous occastions and knows the Judge. Attacking him may not be the best defense. Go Plan B.

Mulhollanddose · 01-29-2006, 10:08 PM

Ya, but he may be a cop hating liberal that comes from a defense attorney or public defender background, and knows what liars cops are.

Mulhollanddose · 01-29-2006, 10:13 PM

I am not going to attempt to make the case that I wasn't speeding, just that his case is based on a guess and that EVERYBODY is speeding, therefore speeding was justified (which can be justification).

M.D. Holloway · 01-29-2006, 10:31 PM

Thing is, these legal folks know all about adversaral situations. That is all they see on a daily basis so they are well adapted for it. Can't beat a man at his game so change the game. Don't make the mistake of attacking him - heck, they know thats what you are going to do, rather bring it into a different dimension.

You can set up excuses or establish an explaination. Keep in mind, the stranger the better but it has to be plausable. Try this on for size.

"Your honor, may I address the court?"

"First off, I want to apologize to the officer for having him come in today to appear in court. I relize that he is paid by the tax payers to uphold the law on the streets and the roads. Spending time at your honor's bench is certainly a poor use of this man's time. I hope we can wrap this up rather soon so he can return to the streets and continue to serve and protect.

That being said, he is a rather able man and by the look of his ribbons highly decorated for service and valor. I wish I had such courage and conviction which brings me to my point your honor. You see, I am a weak man. In fact, I don't think I should be called a man at all but rather a man-child. Fir many years I have cowered in the wake of other men - always trying to fit in and be just one of the guys. That has not worked very well for me. The other day when the officer wrote out a citation to me for speeding, it was not a conscience move on my part to do so but rather to keep up with traffic. I was doing my level best just to maintain my dignity and then it happened."

(You have to pause...look over at the officer with a huge grin...look back at the Judge and say the following)

"Judge, when I saw those flashing lights in my rearview...at first I was startled. I didn't think in a hundred million years that they were for me. To think, a Police Officer was after me! It took a few minutes to register then it hit me! It was for me! Those lights were for me! I was being pursued! I was being noticed! I WAS A SOMEBODY!!! (start to sob at this point). Lawd haf mercy! Lawd haf mercy. Lawd haf mercy...

(weep a little here)

"Your Honor, I am a troubled soul. And I am small and I am broken...but I am good.

Your Honor, I ment no harm and do not wish to waste any more of your time or the officers time. So to wrap this up, for my scrapbook, may I have a copy for the radar calibration report and the actual readout of the speed I was going. I am sure the officer has this and it will provide a small, broken but good soul validation to his exsistance."

or just pay the fine...

Mulhollanddose · 01-29-2006, 11:23 PM

You're fired.

Wrecked944 · 01-30-2006, 04:35 AM

Quote:

Originally posted by Mulhollanddose
I am hoping he doesn't show up, but if he does?...Advice?

Did I miss something here? You're guilty, right? Take some damned responsibility for the consequences of your actions and pay the fine like an adult. Why is this even up for debate?

Shaun @ Tru6 · 01-30-2006, 05:36 AM

Jesus can help you out with this one. Just ask.

Ever hear of taking responsibility for your actions? Check Sandy Berger's socks for your proof that you were ticketed in error.

fastpat · 01-30-2006, 05:43 AM

Quote:

Originally posted by Mulhollanddose
I think there are weaknesses in the fact that he did follow me for 5+ miles

You're dreaming. Attacking the officer's standing in court will only get you the ire of the judge. You will have to prove your innocent, that's how it works in traffic court. The court assumes the officer saw you break the law. If you can't do that, then cough it up.

I've beaten two tickets in court (but paid others), but then again, I knew how to do it.