Hey guys,

I just got pulled over on the freeway for supposedly doing 95mph. He comes to the car and I quote "were you and your buddy racing? I clocked you guys at 95mph" I told him no because I had NO ONE that I knew on the free way and I was NOT doing 95 mph. He didn't pull me over until I was already getting off the ramp at my stop and he didn't even hit his lights until after I got onto the off ramp and was stopped and made me park on the street where there was only a bike lane.

My friend asked him if he said there were 2 people he clocked if he could have incorrect judgement on who was speeding. And the cop said "No if I caught you both I won" Anyways, I am already paying like $300.00 in insurance and I have never been pulled over before, I don't speed.

First of all, is this worth fighting and if so, what can I do? I checked my ticket and he wrote down the car specifics 02 suba wrx black (well i'm MBP)

I'm pretty pissed, suggestions?

Kevin

*edit* it was a cvc code 40001 VC but he didn't check the box that says "owners responsibility" does this make a difference?

 

24 views and no one can help me? Please.

 

ok did he put down anything for the radar/laser gun? if he didnt put any info on the type of gun he used to catch your speed limit you can fight it. and also where were you coming from? you might be able to use it to your advantage. like you were coming back from "work". other then that i say fight it it will be worth it cuz you dont want an insurance to over charge you for the next 3 years do you?

 

He did put a radar unit in A500 or something, Its hard to read his handwriting. Is it true if they do something incorrect with their ticket it is void? Like he put slashes through the boxes instead of a check mark or something? also I think it doesn't matter because my name and license plate number are on it but does he have to slash through the Owners responsibility (40001 vc)?

What pisses me off is that I was doing the speed limit and he claims that since someone else was speeding I was "racing him" I'm sorry but trying to merge over so I can get to my off ramp is not speeding. I have a witness in the car saying I wasn't speeding and a friend had texted me who I didn't know was on the freeway as well asking why I got pulled over and she agreed I wasn't speeding. I'm really considering just fighting it, I can not afford a 2nd point on record (had an accident hitting no one else, because the other guy drove off while on the freeway and I was deemed 51% at fault)

I'm going to look into it but what am I looking at if I fight it and somehow lose? Will I automatically get points on my record? just pay the damn ticket? It's a 30mph over speed limit. (bunch of BS)

 

one thing you can ask is when the radar gun he last used was recalibrated. radar guns have to be recalibrated every so often to make sure that they are accurate. if it is past a certain date, then that will either make the case void, or it will not hold up in case as well. also find out what type of radar he was using, and see if it was the type where he just shoots a single beam, or if he was just parked with a radar gun off into nowhere.
the biggest thing is, go to court. many times cops write tickets, and they do not show up in court. if the cop does not show up, then you dont have anything goin on your record. but i would see what happens. i would definately let the court know that you were not speeding, and that you had a witness in the car. if the cop said you were racing, past a certain distance there would be no way for the radar to detect if it were you, or "the other car you were racing"
for all the cop knows, the other car was speeding, and you were just merging to get onto the offramp safely away from the car that was speeding up behind you. and if all else fails, the only reason you were speeding was because you were being a designated driver for a friend of yours, and you had to make it home by curfew or somthin like that

hope this helps-
beck

 

Well, it was like 8pm in the afternoon. And I am just trying to figure out what happens if I take it to court, and lose. I know I have to pay a fine.

If I choose to just pay it, is it going to put points on my record, i'm fairly sure I can't take that training course since it's 30mph over but I've never been pulled over before.

I'm just racking my brain about this whole thing.

Kevin

 

Definitely get a lawyer and fight the ticket! I was in that same situation,its the car. Anyways ,even if the lawyer cost you $500 It will save you in the long run with points and insurance premiums.They need to provide a print out of the offense if you ask.The gun must be proved recently calibrated.ALL of info on the summons must be correct! Most of the time the cop wont show up in court and the ticket will be waived as in my case.My lawyer went to court 3 times for my speeding ticket and cop was a no show. That would've been 3 days taken off of work for nothing.

If he does show up most of the time the lawyer can dismiss it or plead it down.Especially if you have a good record.Good luck!

 

Those minor technicalities on the ticket don't matter.

If you aren't guilty of speeding, fight it. I don't know why your insurance is already so high ($300 per month! ) with no prior violations, but it will go even higher if the violation goes on your record.

 

call a lawyer and get professional assistance. honestly, as bad as it sounds, you are probably out of luck because some dumb cop was being an ***.

 

Yea, +1 for the minor technicalities not mattering. I received a ticket last November and the officer wrote down that the ticket was issued 11/26/07. I thought "Woo! This ticket is VOID!" I was promptly wrong. The prosecutor half-laughed at me when I brought up my dispute I had gotten advice from one of my officer friends that the ticket would get thrown out of court (he was the #1 ticket-issuer in the county 2 years running ), but things were run differently in the area I received the ticket unfortunately.

I could go on for hours about why that ticket was total crap... but it doesn't matter because if the law wants to get you, they will.

Now if you go to court (take the advice and get a lawyer, it HELPS!) and you wind up losing. You will have to pay the fine in addition to a court fee. However, you might be able to get a plea bargain where you are hit with a lesser charge. This might mean that your fine is higher, but the amount of points you receive will be lower or ideally non-existent.

Use the fact that you have no prior infractions to your advantage, it will help you! The judge will definitely take this into consideration and it's a big help to your case.

Cliff Notes: Get a lawyer, hope for a plea bargain, pay your fine, and fight "the man"

 

The reason why my insurance is so high is a few things.

I'm a 19 year old male (***** tax)
I drive a turbo
My previous car was totalled on christmas day (some ****er merged into me on 580 going towards castro valley and spun me out but he drove off and since i hit no one it was deemed 51% my fault. Insurance would not cover car cuz the repairs were like $200.00 more than what insurance could cover. Stupid 3000gt!

I've read about all these books for like 30 dollars that can help you win, are these just BS?

My gf got a ticket for being 20 over and they didn't even send her the first slip until like 3 months. Could she have fought it and stated that the case should be dismissed due to a non speedy trial?

I have 1 point on record still for my accident and I just don't want another one to come up.

 

So you definately weren't racing somebody you knew

It was just a co-incidence that a good friend of yours was driving along the same freeway at the same time and was close enough to tell whether you were speeding or not?

8PM is in the evening..

Listen nkghost, I'm not at all trying to flame you...but if you take this to court you had better get your story straight, and mentioning your friend that co-incidentally was driving on the same freeway (but you were definately not racing) is going to look a bit suspect.

If the judge smells BS your going to get screwed over bad, remember you will be under oath.

Your best bet is to hope the cop doesn't show up, if he does just deny that you were racing and hope the judge shows mercy.

Good luck.

 

What I meant by the racing was that there was no one I was trying to speed with, I was trying to merge over to the off ramp and that's it.
I assumed that my friend Sarah was on the freeway because she saw that there was a cop who pulled me over (she sent me a text message asking why I was pulled over) So she was either on the street and asked why I was pulled over or she was on the freeway and was behind us.

I think the cop was just trying to be a dick and had nothing to do since he wrote down he clocked me from Bollinger Ramp Entrance but he didn't have his lights on at all until I was already stopped at my ramp exit.

I have no infractions, if I just pay this damn thing and take the traffic school does it clear ALL of the points I can possibly get or does it only clear 1 (one) point?

I don't feel that I should pay for anything since I was not speeding

Kevin

 

Kevin,

You'll need to check your local laws about traffic school. In NJ, traffic school will take away 2 points and it varies from state-to-state.

If you're going to try and get the officer to not show up, DELAY DELAY DELAY. Try and find every excuse to push back your court date. The more you push back the date, the more likely it is that the officer will not be present.

 

What I'm going to do is call the clerk there at the court on Monday, and give them the docket number and ask how many points it is (I think it's 1 since the code was only speeding and not reckless endangerment or racing or anything) and I'll ask if there's the option for traffic school since it's my first infraction. If he/she says I can take the traffic school I'll just go ahead and do it to make life less stressful. I'm a full time student starting classes at 8am and I work 40hrs a week in martinez (30 mins away) till 11-12am so I don't have time to take this to court.

Kevin