Pulled over for speeding - will you admit?
07-31-2014, 04:41 PM
#31
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While we're going on with andecotes (situations which have screw or saved us all, seemingly for entriely arbitrary reasons), last time I got pulled over, I was clocked at over 80 going down 880S, but in the middle of the day on a mostly empty road. CHP guy, who had been pacing me since Milpitas he said, gave me a verbal about my exhaust, said he'd had one before too, and a verbal on my speed.
Actual ticket mentioned the speed, but did not actually charge me with it, and I otherwise had to correct my license address to reflect my current residence (5 minutes online), and get rid of my tints. Call it a deal, and a better one than going 80 in a 65.
My car was in an accident a while back, and while it was in the shop it was going to be past the due date for correction. Told this to a judge, all charges vaived. Paid about $80 in court fees, and my windows are still tinted (something that's never been mentioned the other times I've been pulled over).
This all worked out in my favor, but it bothers me how I just got lucky. Obeying the law, as best as you understand it, only reduces the chance of getting stopped.
I drove to Vancouver B.C. last year, and on the way into Canada the US border patrol, in the form of a bunch of guys in tac gear just walking past, stopped me, told me to turn off the vehicle, and searched my car. I didn't think I had anything to hide, but that's not the point - it's about what I didn't know could hurt me (and 'you') that can and will.
Actual ticket mentioned the speed, but did not actually charge me with it, and I otherwise had to correct my license address to reflect my current residence (5 minutes online), and get rid of my tints. Call it a deal, and a better one than going 80 in a 65.
My car was in an accident a while back, and while it was in the shop it was going to be past the due date for correction. Told this to a judge, all charges vaived. Paid about $80 in court fees, and my windows are still tinted (something that's never been mentioned the other times I've been pulled over).
This all worked out in my favor, but it bothers me how I just got lucky. Obeying the law, as best as you understand it, only reduces the chance of getting stopped.
I drove to Vancouver B.C. last year, and on the way into Canada the US border patrol, in the form of a bunch of guys in tac gear just walking past, stopped me, told me to turn off the vehicle, and searched my car. I didn't think I had anything to hide, but that's not the point - it's about what I didn't know could hurt me (and 'you') that can and will.
07-31-2014, 05:23 PM
#32
You go down to the courthouse, and file a "Motion of Discovery". In it you ask for a copy of the officers license, his last training certs, the patrol cars last inspection, the speedometer calibration, the certification of the tech that calibrated it, the calibration machines certification, The techs last training date and grade...
You file for and ask for more information than they can get you, and even in the event they manage to get you everything, something in there will be fouled up. That is all it takes...If:
a)They can't get you the information = "I can not adequately defend myself your honor, the state is withholding critical information to my defense." = dismissal
b)bad info = "your honor as you can see here the officers patrol car was out of cert, and the calibration of the speedometer was out of date. Therefor it was reading far too fast and in fact showing a incorrect speed at the time." = dismissal
I have used both.
You file for and ask for more information than they can get you, and even in the event they manage to get you everything, something in there will be fouled up. That is all it takes...If:
a)They can't get you the information = "I can not adequately defend myself your honor, the state is withholding critical information to my defense." = dismissal
b)bad info = "your honor as you can see here the officers patrol car was out of cert, and the calibration of the speedometer was out of date. Therefor it was reading far too fast and in fact showing a incorrect speed at the time." = dismissal
I have used both.
07-31-2014, 06:34 PM
#33
Ha! Go for it. I also love the trial by declaration idea.... I would get a form in my inbox asking me to write what I saw. Send it back in...
Always had the ticketed driver found at fault and there is no way for the judge to reduce fines etc.
Always, always, always go to traffic court. Chances are your fine will be lowered, or points dismissed even when you are found at fault.
Always had the ticketed driver found at fault and there is no way for the judge to reduce fines etc.
Always, always, always go to traffic court. Chances are your fine will be lowered, or points dismissed even when you are found at fault.
07-31-2014, 07:02 PM
#34
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Ha! Go for it. I also love the trial by declaration idea.... I would get a form in my inbox asking me to write what I saw. Send it back in...
Always had the ticketed driver found at fault and there is no way for the judge to reduce fines etc.
Always, always, always go to traffic court. Chances are your fine will be lowered, or points dismissed even when you are found at fault.
Always had the ticketed driver found at fault and there is no way for the judge to reduce fines etc.
Always, always, always go to traffic court. Chances are your fine will be lowered, or points dismissed even when you are found at fault.
1st time, the tech's tuning fork was out of certification by a year! There was no way to prove the radar gun was working right. WIN!
2nd time, Officer's drivers license was out of date by 2 days when he wrote the ticket, instant WIN.
Both times it was not by declaration, I took it to court, and fought it, both times I used the system as its meant to be used. (helps that the ex wife was a paralegal and taught me all the stuff you need to do)
07-31-2014, 07:16 PM
#36
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07-31-2014, 07:27 PM
#38
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You go down to the courthouse, and file a "Motion of Discovery". In it you ask for a copy of the officers license, his last training certs, the patrol cars last inspection, the speedometer calibration, the certification of the tech that calibrated it, the calibration machines certification, The techs last training date and grade...
You file for and ask for more information than they can get you, and even in the event they manage to get you everything, something in there will be fouled up. That is all it takes...If:
a)They can't get you the information = "I can not adequately defend myself your honor, the state is withholding critical information to my defense." = dismissal
b)bad info = "your honor as you can see here the officers patrol car was out of cert, and the calibration of the speedometer was out of date. Therefor it was reading far too fast and in fact showing a incorrect speed at the time." = dismissal
I have used both.
You file for and ask for more information than they can get you, and even in the event they manage to get you everything, something in there will be fouled up. That is all it takes...If:
a)They can't get you the information = "I can not adequately defend myself your honor, the state is withholding critical information to my defense." = dismissal
b)bad info = "your honor as you can see here the officers patrol car was out of cert, and the calibration of the speedometer was out of date. Therefor it was reading far too fast and in fact showing a incorrect speed at the time." = dismissal
I have used both.
I will try this... but for argument sake. What if all information given during discovery come out current?
07-31-2014, 07:38 PM
#41
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*edit* but, as Slide will more than likely agree, the odds of EVERYTHING being perfect is almost zero. Just too many certifications and people involved, someone screws up somewhere along the line and what should just be a simple clerical error, turns into a win for you.
07-31-2014, 07:57 PM
#42
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I would tell the truth immediately if I were caught speeding... And as mentioned, depends on mood of the officer...
However, it would also be wise to be cautious with these officers...
One time I got pulled over in my miata. Cop told me I was doing well over 70mph in the 45mph, but I was driving under 45mph the whole time on central. I then told him that I was driving 40mph, and i'd like to see his radar. Then said officer decides to change topic to ask why I was driving so late, and tell me my car was lowered illegally. Asks for license and registration, as well as my passengers ID. Goes back to cop car and then comes back, tells me to go on my way..... This was on Central Expressway, right before hitting Rengstroff coming from Mountain View downtown. At around 1am on a friday night.
However, it would also be wise to be cautious with these officers...
One time I got pulled over in my miata. Cop told me I was doing well over 70mph in the 45mph, but I was driving under 45mph the whole time on central. I then told him that I was driving 40mph, and i'd like to see his radar. Then said officer decides to change topic to ask why I was driving so late, and tell me my car was lowered illegally. Asks for license and registration, as well as my passengers ID. Goes back to cop car and then comes back, tells me to go on my way..... This was on Central Expressway, right before hitting Rengstroff coming from Mountain View downtown. At around 1am on a friday night.
07-31-2014, 08:00 PM
#43
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Join Date: Mar 2008
Location: San Leandro, CA
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I would tell the truth immediately if I were caught speeding... And as mentioned, depends on mood of the officer...
However, it would also be wise to be cautious with these officers...
One time I got pulled over in my miata. Cop told me I was doing well over 70mph in the 45mph, but I was driving under 45mph the whole time on central. I then told him that I was driving 40mph, and i'd like to see his radar. Then said officer decides to change topic to ask why I was driving so late, and tell me my car was lowered illegally. Asks for license and registration, as well as my passengers ID. Goes back to cop car and then comes back, tells me to go on my way..... This was on Central Expressway, right before hitting Rengstroff coming from Mountain View downtown. At around 1am on a friday night.
However, it would also be wise to be cautious with these officers...
One time I got pulled over in my miata. Cop told me I was doing well over 70mph in the 45mph, but I was driving under 45mph the whole time on central. I then told him that I was driving 40mph, and i'd like to see his radar. Then said officer decides to change topic to ask why I was driving so late, and tell me my car was lowered illegally. Asks for license and registration, as well as my passengers ID. Goes back to cop car and then comes back, tells me to go on my way..... This was on Central Expressway, right before hitting Rengstroff coming from Mountain View downtown. At around 1am on a friday night.
08-01-2014, 07:53 AM
#44
*edit* but, as Slide will more than likely agree, the odds of EVERYTHING being perfect is almost zero. Just too many certifications and people involved, someone screws up somewhere along the line and what should just be a simple clerical error, turns into a win for you.
08-01-2014, 07:57 AM
#45
I believe they ruled it that way because of the inherent danger of traffic stops.
I'll see if I can dig through my old legal updates...