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

[Zeke]

Originally Posted by David

I got a ticket for 26 over. When I realized what he wrote the ticket for I asked if he could lower it to 24 over so I could take DD. That really set him off and he said he knew I was going well over 100 and if he had clocked me for that I'd be in the back of police car right now.

I went to court and asked the prosecutor if I could still take defensive driving. He pulled my driving record and after a brief discussion about a couple of issues he agreed to let me take it. This was 25 years ago and things have certainly changed but it's worth a try.

This is another thing that eludes most of us, the fact that you can approach the prosecutor and cut a deal.

[Z-man]

Originally Posted by 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.)

I can't imagine how this logic would work in the court of law.

Biosurfer: the title of this thread suggests that you were not too pleased with getting pulled over, and displayed a bad attitude. Many animals can smell fear -- and cops can smell a bad attitude a mile away, even at 96 mph. That could be a reason why he didn't reduce your speed on the ticket.

-Z-man.

[jyl]

Yes, lower speed means traffic school is possible, but that's needn't be the officer's concern.

Officer lied - maybe - seems equally likely OP's speed drifts around a few mph (as it usually does when we drive and are not staring intently at the speedo or on cruise control), and he got clocked when he'd drifted to a higher speed. His speedo reads a bit low relative to his GPS (seems to, according to post 57). And GPS speed is not "exact" - read up on it, and remember you don't have the military GPS service.

I notice this myself - there is a bridge that I ride my bike over, I was patting myself on the back because my GPS (in cellphone cycling app) said I hit 31 mph up the ramp, then I started using my bike computer and trying to beat that speed - turns out I could never even match it, never have gotten better than 29 mph. The bike computer is set correctly - diameter of tire etc. I keep trying to get a speeding ticket on that bridge but don't have the legs . . .

[MMARSH]

[QUOTE=Buckterrier;7525737 Oh you could have requested that the gun be quarantined and ask for the calibration records. If it has not been done in the allotted time your off the hook.
Good luck and let us know what you plan to do & results.[/QUOTE]

No ya can't. calibration records only have to be provided at court. Units have to be calibrated every 3 years per the state of California. Most agencies calibrate every year.....

[MMARSH]

Originally Posted by biosurfer1

That doesn't seem to work out for the guy I see on "COPS"

Its the no traffic school that really irks me. First ticket since I started driving 16 years ago and now it will go on my record. Can't wait to see what the extra cost will be on my next renewal.

It's crazy how many stories around the internet of people getting EXACTLY 26 mph over the limit

My suggestion, either get a lawyer to negotiate with the officer to lower the speed so you can go to traffic school or try to deal with the officer yourself and see if he will lower it to 24 over. Sometimes if you have a decent record and you haven't posted on a BBS (where plenty of cops read) about another cop being a dickhead because YOU were speeding, maybe he'll cut you a break. Oops, too late.

[Zeke]

"oops, too late."

[biosurfer1]

Originally Posted by Zeke

"oops, too late."

Careful, he might tell you grammar police are also reading this BBS

[biosurfer1]

Originally Posted by Z-man

the title of this thread suggests that you were not too pleased with getting pulled over, and displayed a bad attitude.

Wow, wild ass guess that I had an attitude with him? I didn't have an attitude at all, in fact I was trying to be pleasant in hopes for a warning. The only time he might have sensed an attitude is when he handed me the ticket to sign and I saw the "96" under approx. speed. I said "96?" and he blew up about having it on video and radar if I wanted to subpoena them for court if I wanted to go that way. I just signed it at this point because any further arguing was pointless.

I do have an attitude now, though, but not because I got pulled over, because the infraction did not fit as I have said many times in this thread.

[MMARSH]

Originally Posted by intakexhaust

Did you ask to see his radar readout? Did you ask to see the last recorded calibration? Play it smooth, with respect, don't argue but DO show preparation and accept with fairness. If the cop doesn't allow you or is having a rough day, time in court will decide your fate.

Just FYI, in California, I can't speak for other states, but in California, the officer legally does not have to show you the lidar/radar or provide the calibration on the stop. I can guarantee, if you start demanding to see things on the stop all your going to do is make the officer have a very vivid memory of your encounter, probably ensuring that he goes to court with extremely detailed notes. Your much better off coming off nice and humble, go to court then ensure that he has all the things he's legally required to provide like certificates to use the equipment, current calibrations of the equipment and current traffic surveys if they apply.

People really need to be careful with the advice they give people on this stuff. Every state is different. when people start demanding to see stuff because they think they have a right to see it, things can go bad. Signing a ticket is prefect example. In California, you have to sign the ticket, if not your arrested and immediately taken to the magistrate. maybe ok, if its a weekday before closing time. otherwise its a minimum of an overnight up to a weekend in jail.

[Z-man]

Originally Posted by biosurfer1

Wow, wild ass guess that I had an attitude with him? I didn't have an attitude at all, in fact I was trying to be pleasant in hopes for a warning. The only time he might have sensed an attitude is when he handed me the ticket to sign and I saw the "96" under approx. speed. I said "96?" and he blew up about having it on video and radar if I wanted to subpoena them for court if I wanted to go that way. I just signed it at this point because any further arguing was pointless.

I do have an attitude now, though, but not because I got pulled over, because the infraction did not fit as I have said many times in this thread.

Fair enough. But if the cop got you on radar at 96, it is likely you were doing 96, despite what your odo / gps was indicating.

-Z

[MMARSH]

Originally Posted by biosurfer1

Careful, he might tell you grammar police are also reading this BBS

Dang, I thought I fixed that before I sent it....

[biosurfer1]

Originally Posted by MMARSH

Just FYI, in California, I can't speak for other states, but in California, the officer legally does not have to show you the lidar/radar or provide the calibration on the stop. I can guarantee, if you start demanding to see things on the stop all your going to do is make the officer have a very vivid memory of your encounter, probably ensuring that he goes to court with extremely detailed notes. Your much better off coming off nice and humble, go to court then ensure that he has all the things he's legally required to provide like certificates to use the equipment, current calibrations of the equipment and current traffic surveys if they apply.

Couldn't agree more. It's nice to say "you should have demanded this or that from the cop" It's another when the cop is saying you are in reckless driving range and to start being a dick to him. I really, really, really doubt pulling that BS has ever changed a cop's mind about issuing a ticket.

[diverdan]

"approximate speed" Think that I would take the ticket to the library and check out the # of the California State law that you were actually charged with. Whoa! Am I out of date! Probably can check it out on the net.

Good luck.

Diverdan

[biosurfer1]

The "Approx. Speed" text is actually part of the ticket so that must be an out somehow. If he had written it on the ticket himself, that might be suspect.

Another weird thing was after I questioned the 96mph, he started saying things like "well, by the time I turned around you were going 90 so obviously you were way above that when I passed you and you started slowing down"

I would think if he had me on radar, he would just have said "I got you on radar going 96" and that would be the end of his justification.

[gtc]

I'm not sure where you are or who you use, but here in Seattle I pay $275.

What you are describing is simply a deferral, and you don't need a lawyer to do it. You simply request a contested or mitigation hearing, and ask the judge for a deferred finding before you begin.

Originally Posted by gatotom

how much for a good lawyer, easy 600.00.

Usually the lawyer will do a plea bargain with the judge, since it's your first ticket in 16 yrs they would ask for ticket dropped if you don't get a speeding ticket thru the next yr and if you do the ticket stands plus the new ticket, so that would be a big ouch.

[herr_oberst]

Originally Posted by Flat Six

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.

Years ago Car and Track (or was it Road & Driver) suggested a sliding scale, where more competent drivers could drive faster. Obviously, there will never be any real enthusiasm in government for such a system.

[intakexhaust]

Originally Posted by jyl

Yes, lower speed means traffic school is possible, but that's needn't be the officer's concern.


I notice this myself - there is a bridge that I ride my bike over, I was patting myself on the back because my GPS (in cellphone cycling app) said I hit 31 mph up the ramp, then I started using my bike computer and trying to beat that speed - turns out I could never even match it, never have gotten better than 29 mph. The bike computer is set correctly - diameter of tire etc. I keep trying to get a speeding ticket on that bridge but don't have the legs . . .

LOL ^^^ I knew of a big chubby guy caught riding his bike over a posted 25 mph limit in a neighborhood. Cop nailed him on radar (I forget the details... speed, etc), ticketed and later went to court. Funny yet, he mentioned of a court full of juvies for bike infractions! Here he was, big dude in front of the judge with an audience of kids and their parents

[jyl]

I wouldn't have thought you could even clock a bike on radar.

Speed limit on that bridge is 35 mph. I got a $400 ticket crossing it at 50 mph in the Porsche, second day after I'd moved to Portland. That recalibrated my driving speed pretty quick. Speeds up here are slower.

If I can ever get a speeding ticket on that bridge, on my bike, I'll frame it. A racer could, but I'm too slow.

[biosurfer1]

So a bit of an update:

It's been more than 3 weeks now and I have not heard a peep from the court and the date on my ticket is fast approaching so I called to find out the deal. Clerk asks for my ticket number and cant find it so she asks when I got it and I told her July 1. She then tells me it is taking 3 weeks for the PO's to turn in their tickets (huh?). I then mention that 3 weeks was yesterday and she says well that is just an estimate and they are not under any obligation to have them in by a certain date (good to know, wouldn't want them to rush being only 3 weeks to do their job)
This is where it gets interesting...I said the reason I called is because the date on the ticket is fast approaching and I don't know what to do. She then tells me that date is just an estimate of when they will have the case(?!?). I tell her no, it says in the box right above the date "Without admitting guilt, I promise to appear at the time and place indicated below" She did not have a response other than I should wait 10 days and if I still don't have anything should call back. 10 days will put me past the date on the ticket. Are they trying to get me with a Failure to Appear and tack on more revenue generating BS???

[craigster59]

Show up on the date for court. If they can't find the ticket or any record, request that it be thrown out.