Anyway to fight this ticket

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Old Feb 6, 2007 | 11:19 AM
  #16  
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Originally Posted by SnoHumper
wrx is the trim level not the model
you broke the law suffer the consequences just like everyone else
He didn't break the law...maximum speed limit is 55mph.
Now, if the sign posted indicated that the maximumu speed is 35mph, he's screwed.

Defend yourself along these lines:

"Officer, how fast was I going?"
"45mph."
"Are you sure?"
"Yes"

If he used radar, ask if the unit displays a read out that he looks at.
If yes, ask again if the speed that he wrote down on the citation he got after reading the display of the radar unit.
Also ask about how long he looked at the radar display unit to determine what your speed was.

"Officer, what vehicle was I driving the day of the citation? Please read the information from your copy of the citation."
"Where did you get this vehicle information from?"

Most likely from your registration card.

"So you read the vehicle information from my registration card?"
"How long did you have the registration card in your pocession?"

After he idicates that the car is a 1993 WRX, and that he got the info from reading the registration card for several minutes, , make the point that your car is in fact a 2003,(as indicated by you registration card) and make the point if the officer can't can't accurately read the registration card, how can he possibly read the information on the radar unit?

Work for me on two tickets.
Old Feb 6, 2007 | 11:27 AM
  #17  
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True that... I've had that happen to me as well. I have a lawyer friend in the family that gave me some advice when I went to court. He told me any time that you can prove the officer made a mistake in something is always a point in your favor. The officer marked down the wrong street and time for when I was pulled over, just simply made that point to the judge and showed there was a doubt in the officer's decision making. Make sure you research a little further though, an extra hour or so of studying other cases and laws will help you 20x over.
Old Feb 6, 2007 | 11:46 AM
  #18  
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Originally Posted by SnoHumper
wrx is the trim level not the model
you broke the law suffer the consequences just like everyone else

So if the cop or court system does their job wrong we should suffer the consequences? Or if the city hasn't maintained the speed survey therefore doing their job wrong should we suffer the consequences? I am only suggesting people educate themselves and not give into a corrupt or non-functioning system. If i get a ticket and everything is legit I'll pay the fine. But if some moron can't even put the correct year or model of vehicle down then that his/her lose. Police are highly trained and skilled. They should act like it.

BTW I got a ticket for 70+ in a 35. The *** hat wrote the wrong intersection down and I got my bail back. I also know someone that got off 100+ because the cop/court set his arraignment date over 45 days. That violated his constitutional right.
Old Feb 6, 2007 | 02:57 PM
  #19  
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ALWAYS written declaration trial. So much easier and so much more you can say fully in detail with evidence if any. I have gotten out of 3 citations because of this method. Its really too intimidating in front of the judge and cop, plus its your word against his. Last but not least the officer might not even do it because he/she does not get paid overtime for it, so they don't bother. Good Luck bro, I know you can do it. Like everyone said find out the code and see if there is another code like the basic speed law or something to overthrow the violation he wrote for you.
Old Feb 6, 2007 | 03:22 PM
  #20  
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good point but the problem is he asked me for the car infomration.. althought I told him 03 he didn't write it down properly

Originally Posted by Paul@dbtuned
He didn't break the law...maximum speed limit is 55mph.
Now, if the sign posted indicated that the maximumu speed is 35mph, he's screwed.

Defend yourself along these lines:

"Officer, how fast was I going?"
"45mph."
"Are you sure?"
"Yes"

If he used radar, ask if the unit displays a read out that he looks at.
If yes, ask again if the speed that he wrote down on the citation he got after reading the display of the radar unit.
Also ask about how long he looked at the radar display unit to determine what your speed was.

"Officer, what vehicle was I driving the day of the citation? Please read the information from your copy of the citation."
"Where did you get this vehicle information from?"

Most likely from your registration card.

"So you read the vehicle information from my registration card?"
"How long did you have the registration card in your pocession?"

After he idicates that the car is a 1993 WRX, and that he got the info from reading the registration card for several minutes, , make the point that your car is in fact a 2003,(as indicated by you registration card) and make the point if the officer can't can't accurately read the registration card, how can he possibly read the information on the radar unit?

Work for me on two tickets.
Old Feb 6, 2007 | 05:21 PM
  #21  
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Originally Posted by wagonrex
I got a ticket for speeding doing 45 in a 35. However, on the vechicle description of my ticket, the officer put a 93 subaru instead of an 03. He didn't put in the model of my WRX as well. So my question is can this ticket be dismissed?
no, you cannot get your case dismissed due to just the year being incorrect.
Old Feb 6, 2007 | 07:16 PM
  #22  
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From: Straight outa Concord!
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Originally Posted by BeeSTi
no, you cannot get your case dismissed due to just the year being incorrect.
Agreed, kinda. It won't be thrown out because of that. But you can use it as an example how the officer hasn't done his job right. Look at your arraignment date and the date of the ticket. If he is bad with number you may luck out there.
Old Feb 6, 2007 | 07:46 PM
  #23  
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Section 40802 states: The radar, laser, or other electronic device used to measure the speed of the accused meets or exceeds the minimal operational standards of the National Traffic Highway Safety Administration, and has been calibrated within the three years prior to the date of the alleged violation by an independent certified laser or radar repair and testing or calibration facility.

I used this against an officer, yet the judge didn't care. Not only did engineering survey say I was traveling at a safe speed, but he had no proof of calibration of his radar gun, yet the judge still held the ticket. I knew he was going to though, since his attitude towards me (as I was 17 at the time) was horrible. Since I was a minor, I had to request a trial by declaration from him, and he asked me why. I said because it pulls me out of school, and I'd rather not have to drive 30-45 minutes each way to get there. Yet again, he didn't care.
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