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poopshovel
poopshovel SuperDork
5/27/09 11:49 a.m.

Going to court for a speeding ticket this afternoon. Do I have a case?

Things going against me:

  1. The cop is a cop.

  2. I never saw him. The radar detector went off, didn't see him in the rear view, or traveling the opposite direction.

  3. 65 in a 45.

  4. Got another ticket around this time last year.

  5. I didn't bother collecting any evidence (radar gun calibration, etc.)

Things going for me(?)

  1. I had actually just crosse into a 55MPH zone when he popped me. Seriously.

  2. Wherever the berkeley he was, it took him a little over 2 miles before he got behind me and threw the lights on (I was still going 65, now in a 65 zone.)

  3. I was driving a bone-stock, white 91 Integra (case of mistaken identity?)

  4. I never admitted to speeding.

So what say ye? Do I have a chance in hell? Should I concede that I was going 65, but I was in a 55 zone, and see if I can get the ticket knocked down to 10 over, or should I argue that the cop lost sight of my inconspicuous, white 2 door honda for over 2 miles, and there's a chance that he clocked someone else?

93celicaGT2
93celicaGT2 Dork
5/27/09 11:54 a.m.

When he stopped you, you were doing 65 in a 65. I think that's the only part that would really stand a chance, to be honest. He didn't stop you in a 45 doing 65.

If i were in your shoes, i'd just see if i could do the deferment program and not take any points.

Xceler8x
Xceler8x GRM+ Memberand Dork
5/27/09 12:04 p.m.

Get a lawyer. It sucks. I hate to spend that money. It's your best bet to get away with a 'not guilty' verdict. Trust me. I've tried to fight these for years. Now, I just hire a mercenary and let them do what they train to do all the time.

poopshovel
poopshovel SuperDork
5/27/09 12:06 p.m.

I'm going to court in 2 hours, (I know, I know,) and the ticket is "only" 200 bucks (compared to a lawyer.) I don't have any points on my license...yet.

bludroptop
bludroptop Dork
5/27/09 12:51 p.m.

Not guilty by reason of insanity?

Seriously - dress appropriately, be humble and polite, ask for leniency. That's all you've got at this point.

poopshovel
poopshovel SuperDork
5/27/09 1:15 p.m.
bludroptop wrote: Not guilty by reason of insanity? Seriously - dress appropriately, be humble and polite, ask for leniency. That's all you've got at this point.

10-4. Already gots muh fanceee duds on. Should I open with a joke?

Dr. Hess
Dr. Hess SuperDork
5/27/09 1:19 p.m.

You should open with "I'm very sorry, your honor, I need to postpone this so I can get my lawyer."

Your other choice is "I'm guilty, can I have traffic school?"

Mental
Mental SuperDork
5/27/09 1:40 p.m.

I believe if you plead Not Guilty then they have to schedule a jury trail. That gets expensive. Thats when the cop will have to show. You're only option here is "Guilty" "No Contest" or ask for a trail.

I'd go with the dress nice, show some humility, it has always worked for me, espcially if the guy before you in a tool.

Tim Baxter
Tim Baxter Online Editor
5/27/09 1:48 p.m.
poopshovel wrote: Should I open with a joke?

"Your honor, I just want to say that dress looks fabulous on you."

alex
alex HalfDork
5/27/09 7:04 p.m.

Lawyer up. That's pretty much the only way to avoid points. And the money you spend on the lawyer is money you'll save on insurance - for the rest of your life.

But aside from that: update?

Volksroddin
Volksroddin HalfDork
5/27/09 7:23 p.m.

How did it go?? Worst case go to trafic school.

wbjones
wbjones New Reader
5/27/09 7:28 p.m.

talk to the DA before and ask for a reduction of the speed.... ask if he would be willing to recommend a "prayer for judgment" .... ask if he would be willing to recommend safe driving school (if it's available in your county) , reduces the charges to a non-moving violation..... get a lawyer, they can do all the above far better than you and it's not just a $200 fine.... think of 3 or more years of greatly increased insurance.....

72SuperBrian
72SuperBrian Reader
5/27/09 7:43 p.m.

I once beat a ticket by telling the truth in court.

  • I was going 86 in a 65. I was in the left lane.

  • My right signal was on

  • There was a very large 18-wheeler on my bumper

  • There was lots of traffic and I was having a tough time getting right, to get out of the truck's way

  • I kept accelerating to put some distance between me and the front bumper of the truck, with the hope that I'd find a hole in the traffic to my right and be able to slide over and slow back down

  • I was very respectful when I got pulled over

  • The actual cop that gave me the ticket showed up in court.

  • I told it like it happened without getting aggitated

  • I got the fine reduced to $100 with no points on my license

Maybe my (true) story can be adapted to your situation, and if you can tell it like you really believe it, it could work.

72SuperBrian
72SuperBrian Reader
5/27/09 8:21 p.m.

Could it be different state-to-state?

I don't know how, but mine never showed up on my driving record.

alex
alex HalfDork
5/27/09 8:27 p.m.

Yep. 'Round here, accusations don't count for points or insurance, only convictions. I've never been convicted, so I've got a perfectly clean record.

foxtrapper
foxtrapper SuperDork
5/28/09 5:08 a.m.

As insurance companies only have access to your drivers record, and not the court transcripts, they are looking at convictions and points, not hearsay and bickering.

And that's only if they do bother to pull your record. Not all do.

They all are quite well capable of discerning the difference between a 1 point minor speeding ticket and an 8+ point DWI ticket.

spitfirebill
spitfirebill HalfDork
5/28/09 8:03 a.m.

Around here a two point violation used to get a pass from the insurance companies. Not any more. I got a hefty increase in my premium once when I surrendered a tag late to the DMV for a car I had donated. There was no ticket issued or anything, just went into the record.

I doubt there is any insurance company that isn't running your DMV record at least once a year. That's just money the the bank for them.

What you usually have to do is hire an attorney, but it can be done yourself. Go to court and see if you can plead to some BS charge they have that doesn't get reported to the DMV, like parking on the sidewalk.

poopshovel
poopshovel SuperDork
5/28/09 8:33 a.m.

Plead guilty. Asked the judge politely to reduce the fine and get rid of the points. He dropped the points, but kept the fine the same. That's pretty much all I was hoping for.

As much as I love where I live, there were some berkeleying winners in court yesterday. Pretty sure the judge and I were the only ones wearing shirts that had buttons.

Thanks for the advice dudes!

Rusty_Rabbit84
Rusty_Rabbit84 Reader
5/28/09 9:45 a.m.

i bet there are some winners up there in Pickens County, probably the same as Forsyth County...

spitfirebill
spitfirebill HalfDork
5/28/09 11:44 a.m.
poopshovel wrote: Pretty sure the judge and I were the only ones wearing shirts that had buttons.

I go into courthouses all the time doing research for my job. I cannot believe the state of dress that most people are wearing when they going to court.

Most court rooms now have signs that state that tube tops, tank tops, shorts and flip flops are not approproiate attire for court.

Xceler8x
Xceler8x GRM+ Memberand Dork
5/28/09 11:57 a.m.
spitfirebill wrote: I go into courthouses all the time doing research for my job. I cannot believe the state of dress that most people are wearing when they going to court. Most court rooms now have signs that state that tube tops, tank tops, shorts and flip flops are not approproiate attire for court.

I don't get this either. I usually show up in at least a nice shirt and dress slacks as a way of showing respect i.e. kiss some arse.

I see folks rolling up in pants they hold up with one hand, tank tops, athletic shoes, etc. They say Justice is blind but I'd rather not risk it.

Travis_K
Travis_K HalfDork
5/28/09 12:02 p.m.

At least the way it works here, if you plead no contest the judge will usually reduce the fine, all you have to do it give some reason (politely, which most people cant figure out), why you think you shouldnt have to pay as much.

ClemSparks
ClemSparks SuperDork
5/28/09 12:06 p.m.

"It turns out that in the future, justice was not only blind, but it had become rather retarded also." [/idiocracy]

914Driver
914Driver Dork
5/28/09 12:31 p.m.
poopshovel wrote: As much as I love where I live, there were some berkeleying winners in court yesterday. Pretty sure the judge and I were the only ones wearing shirts that had buttons. Thanks for the advice dudes!

Good. I went to traffic court for an illegal left turn, the guy in front of me was trying to hop back into the "go straight" lane. Not wanting to get hit with debris, I bolted up the ramp. Cop four cars back didn't see what I saw and I didn't see what he saw. No points, $100 for a 1201a.

Traffic court does seem to bring out the folks from the better side of town doesn't it?

Congrats.

poopshovel
poopshovel SuperDork
5/28/09 12:50 p.m.
Travis_K wrote: At least the way it works here, if you plead no contest the judge will usually reduce the fine, all you have to do it give some reason (politely, which most people cant figure out), why you think you shouldnt have to pay as much.

You can do that here in GA too, but only every so often or some such E36 M3e. The internetz told me that you should save that for a more severe infraction.

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