Got speeding ticket in Chaffee County in Colorado during 911 roadtrip, need a lawyer!

[Rufblackbird]

In Colorado while I was on the way to the Pelican camp at Kenosha Pass, the speed limit suddenly dropped from 65 to 55, and while we were going up a hill (yes...stupid me, I was passing other cars in a 911) as I neared the top a trooper came over the hill. My V1 did NOT go off at ALL, as I always lift if I hear a warning. I lifted, but I then saw the trooper jam on his brakes, turn his lights on, and made a U turn. I got ticketed for 75 in a 55, which isn't really possible as I knew I wasn't going that fast. I've decided to hire a lawyer to contest it...does anyone know one or hired one before in Southern Colorado? It was in Chaffee County, and court date is on Nov. 17 in Salida. Bill (zotman72) has PM'd me one he hired before but he's a good 150 miles away. Here's a pic of the ticket. If I even heard the V1 make a sound I would've paid the ticket already, but since it didn't I've decided to fight it. How strong of a case is this? Thanks in advance!

[Jgordon]

could have been laser. V1 isn't impervious to laser, and it might not have registered. Did he say the means used to determine speed?

[Rufblackbird]

nope, he did not mention how he got my speed. I saw him only for a split second as I went over the top of the hill before he passed me. Wouldn't the V1 sound an alarm if it detected laser?

[ZCAT3]

I can pretty much guarantee it will cost you more than the ticket to hire a lawyer for this -

[vash]

it has been a long time since getting a out of state moving violation, but i seem to remember that sometimes your insurance wont "see" it. i dont know how you check though. but if so, i agree with bill, i would pay it and not look back.

[Hetmann]

We had a Colorado State trooper speak at a recent PCA meeting. He said that radar detectors are not effective against the technology they have today. At best, they will only notify you when its too late. Sorry, to hear about your ticket. Probably best to just pay it as I'm sure they will notify your current state of residence and issue a bench warrant.

[89911]

Originally posted by Rufblackbird
which isn't really possible as I knew I wasn't going that fast.

Sound like my reaction to about every ticket I ever got. Passing cars in a 911 with a radar detector. What's your defense? We've all been there. Sometimes its better to pay up and move on. Give Mike Valentine a call also.

[mtelliott]

V1 (or any radar detector) will only pick up radar if it hits the sensor. Laser (unlike radar) has a very narrow beam. Therefore, it's possible that he hit your car without it deflecting up to your lasar detector. That being said, laser is usually done from a stationary point and not from a moving object.

As well, Colorado State Patrol are trained (and tested) to be able to determine speed within 5 mph. (CSP gave a lecture to our Porsche club).

That being said, a good lawyer will be able to get you out of it. But it will cost way more than the ticket. If it's points and insurance your concerned about, find the laywer. Else, pay and move on.

I just read the ticket. 6 points is a little steep. Find a lawyer. At the very least, you'll be able to get it knocked down to 4 or 2 points.

Michael

[Grady Clay]

Come on members of the Colorado Bar, I’m sure someone can help Jeff (our Pelican guest from Hawaii) with a little pro-bono work.

Best,
Grady

[ewave]

Laser can not be operated from a moving vehicle. Radar uses the Doppler effect. Laser actually measures the change in distance over time.

[john70t]

If lazer doesn't work from the moving car, and the alarm didn't go off, or he could have picked up surrounding traffic, so it could be his biased judgment call.
Where was the sun? Were you blocking traffic in the left hand lane?
There might be a referal service from the local BAR association with attns who will to work long distance.

[ewave]

Every speeding ticket I have received (and ummm, there have been more than I would like to admit) has listed the method in which my speed was measured. Is this not on your ticket? Also, every speeding ticket I have received in Texas I have requested a trial by jury. Very entertaining, and the best way to go in my opinion..

[rdane]

Guys have given you good info on lazer. It wasn't lazer.

I was academy trained on radar in Idaho a number of years ago. I have had informal updates in Washington state and most recently in BC Canada on state of the art lazer and radar.

My most recent experience in Canda was instigated by my V1 picking up "state of the art" American radar which just "didn't happen" in Canada.

My guess is the officer made a judgement call for the circumstances and wrote the ticket never expecting the driver to challenge it. It you had been hit the V1 would have sounded even with instant on. In most cases the speed is determined by radar/laser/pacing and noted on the ticket. Since I don't see that notation (usually right beside the infraction speed) my quess is the officer was guessing.

It is the kind of ticket that the officer doesn't want to explain to the judge so finds other pressing duties on the hearing date.

Result? Case gets dismissed.

Make sure you contest the ticket, sign it and send it in asking for a hearing date before it is due. Being that you are active duty and we are at war these days it is also worth the effort to call the court clerk and explain your circumstances and ask how best to solve the issue.

Which is "you were not doing 75 in a 55 (passing on the uphill does not mean you were driving over the 55mph limit) and getting back to their jurisdiction is impossible because of your military service". You might be surprised who you get on the phone next in rural Colorado.

[look 171]

Vash, insurance co. see it now thanks for the computers.

[KCPSG]

Rufblackbird, what I have done several,several times is call the prosecuting attorney or the chief of police (depending on how large the city is) and ask to plead guilty to a non-moving violation. I have had this work for me more times than I can count. All the county/city wants, is the money. And this will be WAY less expensive than a lawyer.

[rdane]

Jeff, I just got off the phone with Ida Hanson the clerk of the court in Chaffee.

You need to get your request for a trail in asap (I think it was 20 days from ticket issue). Then once that is done and they have the paper work (around the 1st of Nov was her suggestion) you can call the clerk and request a trial done via teleconferencing.

FWIW she also thought it very unusual that there was no note on the front of the ticket as to how your infraction speed was determined. She mentioned it was worth requesting copies of both the officer's notes and the back of the ticket during discovery to see if he did make any notation on how that 75 mph was determined.

Colorado state trooper on 285 correct?

"Son, your Mother allow you drive 75 while she is in the car?" "Of course not Your Honor which is why I am protesting this ticket"

[Rufblackbird]

Thanks for all the responses guys. Even though it may cost more hiring a lawyer, it'll be cheaper in the long run as my insurance will skyrocket, I'm sure.

I think Dane hit it right on the spot (thanks for calling them!). Having MD plates and a Hawaii license I think he just expected me to pay and move on. How do I contest the ticket? Write a letter? Hawaii tickets give you an option to send in a written statement (uh..ask me how I know) but this Colorado ticket doesn't specify that I can. Also, I'm in the Hawaii Air Guard as a weekend warrior (one of those one weekend a month type of deals) but I was in Maryland on active duty, not to mention the amount of National Guardsman that have already been deployed to the Middle East. But then again, I could always use my "military service" in this time of war

I received the ticket on Sept 1st, so I have until the 21st ( 4 days left) to send something in. Trial is set for Nov 17 as specified by the ticket if I decide to contest it.

How do I go about requesting the trooper's notes? Yes...it was on Hwy 285... and I wonder if they'll buy mom's testimony

[rdane]

Just answer the ticket via US mail this weekend and contest it pleading not guilty. Call the clerk on Monday she'll walk you through the rest.

[Grady Clay]

rdane,

Thank you; that is the kind of pro-active effort that makes things happen. I still think we need a hot shoe attorney who will help. Come on members of the Colorado Bar.
Will someone please post this on the RMR-PCA.

Jeff, get yourself in gear and sign up for a jury trial. I think you may find some Colorado Pelican help.

Don’t disparage the Colorado Courtesy Patrol. They spend way too much time picking up the (body) pieces.

Best,
Grady

[Jesset100]

Ruf, Just think of it as a Colorado State Tax.

BTW I lived in Colorado for 4 years in my other life in the army.

Nice place to visit, woundn't want to live their anymore.

Just my opinion.