Grr, dickhead cop gives me 26 mph over limit speeding ticket

[Shadetree930]

Lawyer up.

I know of a friend of a friend's cousin who knew someone driving in a group of Porsches that got stopped by a corrupt deputy in TN.

Wrote them for Reckless Driving (spirited driving OK, but nowhere near Reckless or Racing) .... then after the good 'ol boys got to thinking about it they moved it up to Drag Racing

Really? .... in Porsches? On a two lane twisty river road in the mountains?

It turns out the county was intent on confiscating all vehicles involved (thus the drag racing charge) and may have even wanted a little jail time. The deputy had a grudge against these 'rich Porch' guys. Additionally, the particular county magistrate handling the case had a documented history of corruption.

Long story short, they lawyered up. End result after much good lawyering .... settled for 5 over.

Oh yeah .... forgot to mention .... the Porsches were running in car video that proved the Deputy was lying about the serious charges.

It was easier to take the 5 over than spend all the travel and time in court going for a complete dismissal.

Moral of the story .... LEO will lie.

[Z-man]

Originally Posted by wdfifteen

Lawyer up and stop whining. Going fast costs money.

This.

If you can't take the heat, slow down, or get your need for speed at a DE/AX/Track day/Club race.

-Z

[biosurfer1]

I can take the heat and will pay for what I was ACTUALLY doing, and that is not driving 96mph.

Just realized this will go to Stockton's (which is where I grew up) court. Wonder if they are doing this because Stockton filed for bankruptcy, laid off most of their LEO's and are cash strapped to highest degree?

[scottmandue]

Originally Posted by Schumi

I'm not even 'old' and I learned a while back... I just do the speed limit, or slightly above to keep up with traffic. That's it.

I freak out at friends for driving fast. Why? I mean, I love to race around and wring out a car, but on the highway... it all goes the same place. if I get there 30 seconds later... so what.

I see people weaving and speeding through morning commuter traffic... then pull up behind them on the ramp when getting off the freeway.

I am old... but to be brutally honest some days I get agro and find myself weaving through traffic... not smart.

[Zeke]

Should be too difficult to get one mile an hour taken off that ticket. But it will go smooth with a lawyer. Arguing over a mile an hour could get lengthy. The judge won't even see you in court. Courts are strapped for time and personnel. It will likely all be done outside through a plea. Just consider the lawyer as speed tax.

Make sure you pick the right lawyer. I'd get one with offices right nearby.

[Z-man]

Originally Posted by biosurfer1

I can take the heat and will pay for what I was ACTUALLY doing, and that is not driving 96mph.

Just realized this will go to Stockton's (which is where I grew up) court. Wonder if they are doing this because Stockton filed for bankruptcy, laid off most of their LEO's and are cash strapped to highest degree?

Maybe you were going 96. Your ODO (especially at higher speeds) and GPS aren't that accurate... At what speed did you compare your ODO with GPS? Your speedometer is the same as my 944S2, and they are known to be off by 5-10mph, especially at higher speeds.

What was the speed limit? 70mph?

On the other hand, Laser radar, when correclty calibrated, can be quite accurate.

You aren't going to win any court cases by stating, "My ODO read 90 - as verified by my GPS units as well..."

I'll admit - I drive fast - typically 10-15mph over the limit, in my Ford pickup truck. In the Porsche, on the street, I actually drive slower, since I know it can get the attention of the authorities quickly. Then again, in New Jersey, there aren't too many long stretches of roads like you have in CA.

Just sayin'
-Z-man.

[jyl]

If you think you were going 90 mph, it is hard to see why it is such an outrage to get a ticket for 96 mph. 6 mph is a variance but not a huge one. Sum up the error in your speedo, the variation in your speed (you weren't staring at the speedo at the exact moment when he clocked you), in his equipment.

Get a lawyer, try to get it bargained down to something eligible for traffic school, and either stop driving so fast on public roads, or deploy all available electronic countermeasures in future. If I liked to drive at 90 mph on the highway, I'd sure be running full V-1, police scanners, and more.

[DARISC]

Originally Posted by Z-man

...You aren't going to win any court cases by stating, "My ODO read 90 - as verified by my GPS units as well..."

I once brought a photo of my ODO to court and showed it to the judge.

I wil NEVER, EVER do that again!!!

It read 186,282.39 and the judge found me guilty of driving at the speed of light.

[Zeke]

What's interesting here is the choice or lack of choice shown by the officer. I don't know if the gun measure in tenths, but if the OP was going 95.5 what would the gun show? So, then the officer has to do what the gun tells him to do. To purposely lower the speed so that it is for 25 over is to breech his duty. Not very forgiving to the driver, that's for sure.

The question is, where is the line or wiggle room? At 27 over the speed limit I can see there might not be a choice. If at 95.5 can he round it off to a higher or lower number?

If memory serves me, several members here were proceeding up the coast to a meet doing well north of 100 MPH a few years back. I think in all 15 drivers were ticketed most receiving tickets for 99 MPH. Some discretion was used there because some of the drivers reported that they were in fact right at about 130 MPH.

So, a CHP reduced the speed cited by 31 MPH, or so, for each. How is it that 1 MPH is irrefutable here? Or is it?

[craigster59]

Give this guy a call and see what he thinks, he should be able to give you an opinion...
Stockton Traffic Ticket Lawyer

[jyl]

I think there is - as a practical matter - some discretion to write a lower speed. Which the officer can choose to use, or not. Can't expect, demand, or get upset if he doesn't use it.

Is that right? Don't know, don't care. If you want machines enforcing speed laws, then various companies will be happy to install hidden speed traps all over Highway 5 and you'll be forced to drive 65 mph the whole way. The technology exists to clamp down on speeding far, far more than the current, very porous system.

[T77911S]

most speedo's indicate hi'r than you are going. especially 911 speedos. my BMW reads 4-5 mph faster than i am going.

i got stopped for 84 in a 70 just 3hrs after buying my 930. no cruise, 220mph speedo with the "slashes" very close together, hard to judge. i would creep up, then slow down. he actually got me going slower. i tried to give him " i just bought it, can you give me a break and send some good luck my way". i should have told him i was doing 140 earlier.
i got another ticket 2 weeks later in the honda.
ihave not had a tricket in nearly 20 yrs, then 2 in month.

[Rodsrsr]

Its a long shot but most GPS's record your highest speed, so if 91 was the fastest youve gone in that car its still in your GPS with date and time that you can use as proof. (That is if 91 was the highest speed you've gone.)

[biosurfer1]

Originally Posted by scottmandue

I see people weaving and speeding through morning commuter traffic... then pull up behind them on the ramp when getting off the freeway.

I am old... but to be brutally honest some days I get agro and find myself weaving through traffic... not smart.

Its funny you mention that because about 30 minutes before I got pulled over, a new M5 and a Ford Edge were blazing down I-5 to the point of almost crashing several times. Not sure if they were racing or friends trying to one up each other. I even told my dad to get his phone camera ready for youtube.

[edgemar]

do a trial by declaration via mail.
then go to court if he responds.
try to drag it out as long as possible so the officer will make a mistake.
If he doesn't respond or show up you are off the hook.
If he does show up ask the judge to reduce the sentence/fine.

[biosurfer1]

Originally Posted by jyl

be happy to install hidden speed traps all over Highway 5 and you'll be forced to drive 65 mph the whole way. The technology exists to clamp down on speeding far, far more than the current, very porous system.

Except the 90% of I-5 in California where its actually 70mph, and almost everyone goes 80+.

I'd like to say from now on 15 mph over the limit is the max I'll risk but being I wasn't going 96mph in this case even though the cop said so, I guess it's really whatever pissy mood they are in will decide what they write on the ticket.

On the way to work this morning, I set the cruise at 60mph and the GPS was showing 61mph. I suppose its possible that much error occurs between 60 and 90 but I doubt it.

I'd like to test it at 90 but of course, that will have to wait until I can get to a track

[biosurfer1]

Originally Posted by edgemar

do a trial by declaration via mail.
then go to court if he responds.
try to drag it out as long as possible so the officer will make a mistake.
If he doesn't respond or show up you are off the hook.
If he does show up ask the judge to reduce the sentence/fine.

Thanks for the suggestions. I am honestly not trying to get off scott free here, I just want the ticket to be for what I was actually doing wrong. I was speeding and will have to pay for that, but not speeding at the speed claimed.

[Flat Six]

Originally Posted by fintstone

I think the low speed limits are downright stupid. Modern cars/roads would handle much higher speeds than 50-55 Mph which is what most are where I live. I could easily drive safely on these roads closer to 90-95 which is what I do to pass quickly.

Roads and vehicles may be safer but many/most modern drivers are not capable of handling much higher speeds -- lack of skill; inexperience; inattention; ADHD; screaming kids in the back seat; phone in one hand/mascara brush in the other, steering with a knee -- all take their toll and make otherwise safe roadways a game of pinhead roulette. Not a matter of if, but when one or more of these doofuses will screw up in front of you and ruin your day, then sue your @ss for their stupidity. Sooner or later the house always wins.

Apologies for OT rant. Carry on.

[dlockhart]

pay the lawyer tax

[cashflyer]

Originally Posted by jyl

If you think you were going 90 mph, it is hard to see why it is such an outrage to get a ticket for 96 mph.

A) Because he feels the cop lied, and
B) Because at the lower speed he can go to traffic school and keep this off his insurance.