Speeding Ticket
 

Alright, I need your help fellas. I was traveling down Kamehameha Hwy passing pearlridge last night, As I approached the Mitsubishi dealership, there was a bunch of cops waiting. The posted speed limit is 35MPH, but I guess when people see a cop, they tend to slow down much more slower than needed, everyone was doing 20 MPH but I keep my 35MPH pase, I had to switch lanes to avoid these slower cars. To the officer, I guess it looked like I was speeding because I going faster than the flow of traffic.

I was pulled over, and given a speeding ticket. Here's what the ticket said:

IMO, it the most unfinish speeding ticket I've ever seen... So many areas were left blank.

[ATTACH]161806[/ATTACH]



My question is, Do I have a case? and what should I say....BTW, this is my first speeding ticket which looks good on my part. Help....

it looks like from the ticket you were going too slow. it doesn't say you were exceeding the limit, is says speed restrictions under the limit. i'd say if thats what it looks like you def have a case and that one will get thrown out for sure

uh.... does it even say what speed you were going??
This is not my field but if I were you I would def go to court....

to me it looks like they are trying to get you for "not going with the flow of traffic" so you were going the correct speed limit but not for the current flow of traffic, you were going too fast compared to the other cars and therefore creating a danger.

I think this depends what judge you get and the cops reputation since it is his word against yours.
Also, although you have no speeding record they may get mean and bring up your accident record if you have one.

fight it....you have a good chance of getting off

I am going to agree with Erica on this one, but like you said there is so little information on the ticket it is hard to tell.
What EXACTLY did the cop say to you?

[QUOTE=eRicaSWGN;2260743]uh.... does it even say what speed you were going??
This is not my field but if I were you I would def go to court....

to me it looks like they are trying to get you for "not going with the flow of traffic" so you were going the correct speed limit but not for the current flow of traffic, you were going too fast compared to the other cars and therefore creating a danger.

I think this depends what judge you get and the cops reputation since it is his word against yours.
Also, although you have no speeding record they may get mean and bring up your accident record if you have one.[/QUOTE]

Yep, he didn't even write the speed I was going....I was like um...OK. I already mailed my request for a trial. I should get a letter within 2 weeks or so. Even though I have a accident record, no tickets were given in any of them....FIGHT THE POWER!!!

[QUOTE=UnpimpeD;2260752]I am going to agree with Erica on this one, but like you said there is so little information on the ticket it is hard to tell.
What EXACTLY did the cop say to you?[/QUOTE]

The cop said nothing!! Only "Licence, Registration, Proof of Insurence please" and when he came back he said "Be careful" WTF?!

like Erica said it is going to be his word against yours, They are going to say you were creating a danger to the drivers around you.. you need to prove otherwise. I think It really depends on the judge and the reputation of the officer.
I know this is far fetched but your best bet is to try to find someone who has received a similar ticket and see how they fought it.

and remember since the ticket is so sparse this is our best guess as to what it is about. So prep yourself for other interpretations such as 04sleepers.

yeah dave, "speed restrictions under certain conditions." what the hell is that? speed limit signs tell you how fast you can go, there's no fine print on the bottom. and in that area, there's no minimum speed limit. how can you get cited for possibly breaking a law? and if there's no speed written on the ticket? whattt?! the cop basically left it up to you to tell the story, which is you didn't do anything wrong. GL if you go to court. duck soup.

Not trying to be a smart A
but legally even if the speed limit is 60 and everyone is going 20 you are at fault for creating a danger to other drivers if you are trying to go 60.

Its the "flow of traffic" rule and is totally subjective based on an officers observation.
Since it is subjective it should be easy to fight.

umm it doesnt even say the speed you were going?

it doesnt have a citation number. he might of been being nice to warn you.

Without a citation number how will court even reference the ticket.

i know i am up here in cali but my wife used to work for the court system.

Your ticket alos doesnt say how you were found to be speeding and it says sped restrictions under certain conditions.

It has no "conditions" written on there except that it was medium traffic. other than that it was dry clear and apparently dark.

There is a minimum unsaid speed limit. and its only if you were impeading traffic. which if you were going the speed limit and everyone one was going slower you werent impeading anyone.

There is no reprt number. NOt that i would do it but if you didnt go to court i dont think a damn thing would happen.. i mean hell it doesnt even tell you were to go. hope that i said somethign that helped. good luck

Maybe it's a warning???

Very confusing...

it has a monetary amount due though, i think it is an actual ticket. just a real cbad one that should be thrown out.


lol, i want to print this out and hang it in our office.

[QUOTE=Irish_car_B0mb;2260779]umm it doesnt even say the speed you were going?

it doesnt have a citation number. he might of been being nice to warn you.

Without a citation number how will court even reference the ticket.

i know i am up here in cali but my wife used to work for the court system.

Your ticket alos doesnt say how you were found to be speeding and it says sped restrictions under certain conditions.

It has no "conditions" written on there except that it was medium traffic. other than that it was dry clear and apparently dark.

There is a minimum unsaid speed limit. and its only if you were impeading traffic. which if you were going the speed limit and everyone one was going slower you werent impeading anyone.

There is no reprt number. NOt that i would do it but if you didnt go to court i dont think a damn thing would happen.. i mean hell it doesnt even tell you were to go. hope that i said somethign that helped. good luck[/QUOTE]

Theres a citation number, I just didn't post it...my bad

ahhhhh. i see

Also my car is Black.....It's hard enough to judge a car's speed by just looking at it from a near by parking lot. But the fact it was very dark according to the officer, and my car is black, its difficult to judge a vehicle speed with those factors, even if your experience. correct? I think hes wrong....I think he knew it, resulting in lack of infomation on the ticket...

just pull a Dave Chappelle at court
"I do not what what the shizzle this bizzle is about, but i do know that its Bu- Sh"

but yes there is a "flow of traffic" rule, If I were you I would try to look it up or ask one of your cop friends about it.

Yes Dave I agree, I think he is hoping you just pay it.

BTW Good Luck

haha ask a cop on FH. you'll get a better awnser

i would say no worries braddah you all good

[QUOTE=eRicaSWGN;2260806]just pull a Dave Chappelle at court
"I do not what what the shizzle this bizzle is about, but i do know that its Bu- Sh"

but yes there is a "flow of traffic" rule, If I were you I would try to look it up or ask one of your cop friends about it.

Yes Dave I agree, I think he is hoping you just pay it.

BTW Good Luck[/QUOTE]

I should dress up like a thug, "Dam dogg, that **** is wiggy wiggy wiggy wack" :lol: I'll talk to my cop buddy, I'll ask him about this "Flow of traffic" rule.

the flow of traffic is BS!!! try using that in court and say " i was going with the flow of traffic" the judge will laugh at you and say " if they were all going 100mph you would to or if the all jumped off a bridge you would too?" i seen someone in court try this. it was a Korean lady and the judge laid the hammer!!! thank god i was there for a non moving violations.

[QUOTE=Haole-Pino;2260871]I should dress up like a thug, "Dam dogg, that **** is wiggy wiggy wiggy wack" [/QUOTE]

:doh:

I e-mailed a friend from college who is a lawyer. I'll let you know what he says... I sent him a copy of the citation.

He did tell me that if you are charged with excessive speeding or racing (neither apply to you it seems) then you'd get referred to the Public Defenders Office. So this does look like a minor infraction, but of course it would still behoove you to clear it from your abstract.

I guess you can fight it if you want. As others stated...your word vs theirs. But "speed restrictions under certain conditions" means a posted speed doesn't matter. I think if the police officer deemed it unsafe, it's so. (not taking sides). But go for it buggo!!!


:snicker snicker:
your last name is Easterling
:snicker snicker:

:rolleyes:

my friend told me that ticket doesnt have enough info kinda broad so its most likely get dropped

I would love to hear the answers he gets from the popo on forums hawaii... haha

sucks man, seems like he picked you in the crowd... i had a cop folow me for a bit and give me a ticket for no plate.. he was a rookie, and i strongly feel the guy was picking on me... he makes a u-turn, follows me for quite while, waiting for me to do something stupid, then Finally pulls me over and gives me the ticket...


[QUOTE=shaggadelic;2260959]the flow of traffic is BS!!! try using that in court and say " i was going with the flow of traffic" the judge will laugh at you and say " if they were all going 100mph you would to or if the all jumped off a bridge you would too?" i seen someone in court try this. it was a Korean lady and the judge laid the hammer!!! thank god i was there for a non moving violations.[/QUOTE]

yea, i think you would simply give yourself away by telling the judge you were going the flow of traffic... were you not watching your own speed??

^ you two need to re read the original post. You are totally misunderstanding what they are saying.

Dave you get what the original post is saying, right?

oh i understand what unpimped meant, i just agreed with shag... i didnt quote unpimped's post... i know he meant you shouldnt be speeding around others (even under the speed limit) when cops are around to avoid any additional attention.

cool, I just didn't want to see Dave get all confused...

sorry to confuse :p

the cop didn't even fill in the actual speed, that alone would void the ticket i would think.

i don't think that's a scanned copy of the real ticket though...

[QUOTE=eRicaSWGN;2260743]uh.... does it even say what speed you were going??
This is not my field but if I were you I would def go to court....

to me it looks like they are trying to get you for "not going with the flow of traffic" so you were going the correct speed limit but not for the current flow of traffic, you were going too fast compared to the other cars and therefore creating a danger.

I think this depends what judge you get and the cops reputation since it is his word against yours.
Also, although you have no speeding record they may get mean and bring up your accident record if you have one.[/QUOTE]

Flow of traffic doesn't even matter...you can't argue flow of traffic for a speeding ticket (I've tried). It's kind of like if everyone decided to piss on the sidewalk but you're the only one they catch doing it...you can't argue that it was ok because everyone else was doing it.

Furthermore, that ticket clearly shows that they did not get an "Actual" speed on you. As such, they have no idea you were going at the legal speed limit and decided not to needlessly slow down like the people in the other lane. You could also argue that the other people should've been ticketed because they in fact were not driving at or near the posted speed. It's like if someone decided to slam on their brakes on the H1 not during traffic and made everyone else have to slam their brakes...does this mean that the other lanes should've slammed their brakes too?

Anyways, needless to say this ticket will easily be tossed out and someone should slap the police officer that gave it to you.


You've seen me write to other people "Man up and pay it" but in this circumstance in which you were going at the posted speed limit and just chose to go around the idiots that were braking needlessly (which is discouraged at least here in the mainland) I feel you were the only one doing the right thing.

[QUOTE=Cynt;2261087]I would love to hear the answers he gets from the popo on forums hawaii... haha[/QUOTE]

I live across the street from Russel (aka:"Kalihicop" on forumshawaii.net). I'll walk over to his house tomorrow and see what advice he has.

[QUOTE=AngrySubyWagon;2261260]i don't think that's a scanned copy of the real ticket though...[/QUOTE]

Correct, I found a blank copy online, and filled it out exactly how it is on the orginal ticket.... I thought it would be easier for you fellas to see it, than try to explane how it looks like.

:lol: he didn't even write how fast you were going!

I got a ticket once and even though the cop didn't get me for speeding, in court after I said that I had to change lanes to avoid slower traffic he said that traffic was going ~75 mph. I asked 2 questions 1)when does traffic ever flow 10 above the limit passed a CHP on the side of the road, and 2) if so many people were going 10 over why didn't he already have someone pulled over?

such obvious speed traps like that shouldn't be allowed because they disrupt the flow of traffic :)

[QUOTE=bpang1;2261360]Flow of traffic doesn't even matter...you can't argue flow of traffic for a speeding ticket (I've tried). It's kind of like if everyone decided to piss on the sidewalk but you're the only one they catch doing it...you can't argue that it was ok because everyone else was doing it.

Furthermore, that ticket clearly shows that they did not get an "Actual" speed on you. As such, they have no idea you were going at the legal speed limit and decided not to needlessly slow down like the people in the other lane. You could also argue that the other people should've been ticketed because they in fact were not driving at or near the posted speed. It's like if someone decided to slam on their brakes on the H1 not during traffic and made everyone else have to slam their brakes...does this mean that the other lanes should've slammed their brakes too?

Anyways, needless to say this ticket will easily be tossed out and someone should slap the police officer that gave it to you.


You've seen me write to other people "Man up and pay it" but in this circumstance in which you were going at the posted speed limit and just chose to go around the idiots that were braking needlessly (which is discouraged at least here in the mainland) I feel you were the only one doing the right thing.[/QUOTE]

Yet once again that is not what they are saying. Please take the time to actually read the post.

Wow 3 pages just for a ticket :D

it's almost as bad when a female introduces herself on i-club. It's like the moon turns blood red everyone see's doubles and speaks all sorts of jiberish all while collectively loosing there minds.

Every ticket I've ever gotten, I've always fought it. Most times I was in the right though. Most of the time I would get pulled over for stpid sh8 anyways.(Damn rookie cops in Waikiki didn't know what the hell they were doing) Just take it to trial and see where it goes from there. If you've got a pretty clean record, it works out better on your part. Only thing that sucks is that you'll have to take an extra day off to go to court for it. Good Luck man.

I have a history of starting treads that end up in pages.....Sad huh. I need all the advice on this....All my friends told me, its as minor as a speeding ticket gets. But I hate moving violations, so all this input so far is great!! Keep it comming, and thank you.

[QUOTE=Keainakoa;2261635]Every ticket I've ever gotten, I've always fought it. Most times I was in the right though. Most of the time I would get pulled over for stpid sh8 anyways.(Damn rookie cops in Waikiki didn't know what the hell they were doing) Just take it to trial and see where it goes from there. If you've got a pretty clean record, it works out better on your part. Only thing that sucks is that you'll have to take an extra day off to go to court for it. Good Luck man.[/QUOTE]

I never recieved a speeding ticket before, so I'm hoping the judge can see, I've been diving for 7 years without a speeding ticket, and hope I get the benefit of a doubt...

[QUOTE=Haole-Pino;2261642]I never recieved a speeding ticket before, so I'm hoping the judge can see, I've been diving for 7 years without a speeding ticket, and hope I get the benefit of a doubt...[/QUOTE]

No speeding tickets......................just 1 Bon Fire on the H3. Sorry bro, I had to do it.

[QUOTE=Bran808;2261655]No speeding tickets......................just 1 Bon Fire on the H3. Sorry bro, I had to do it.[/QUOTE]

:lol: That made my morning...I can't stop laughing. :rofl:

maybe I should have brought marshmallows that night ;)

The last ticket that I got, which was for speeding, could've gotten me thrown in jail. :hang: I was clocked doing 113 in a 55 on the H-1 west bound right past kunia. :doh: This happened not even a week after I picked up my turbo box civic. Anyways, prior to that incident, my record was clean for just over 10 years. The judge really took that into consideration and cut my fine in half. So, instead of paying a $500 fine plus all the extra court fees, I olny had to cough up $250. I'm just glad it happened before they started cracking down on all the street racers. No tickets since and that was about 6 years ago.

i've lived in pearl city for 3 years. now is it me, or is pearl city's finest just plain dumb.

I never had a problem w/ da popo in Pearl City. Pretty much just the rookies in Waikiki. But as with anywhere else, there's always a :monkey: that loves to mess it up for everyone.

[QUOTE=Keainakoa;2261666]... I was clocked doing 113 in a 55 on the H-1 west bound right past kunia. [/QUOTE]

Holy crap! Did you think you were at HRP or something?

J/K

[QUOTE=substitude;2261986]Holy crap! Did you think you were at HRP or something?

J/K[/QUOTE]

In his defense, he was playing "Danger Zone" by Kenny Loggins when it happened. Got caught up in the moment :D

[QUOTE=Haole-Pino;2261990]In his defense, he was playing "Danger Zone" by Kenny Loggins when it happened. Got caught up in the moment :D[/QUOTE]

LMFAO @ Kenny Loggins. WTH Dave...that's my parents kinda music. I not that old! :lol: FYI it was the Police. How freakin ironic.

I should have "Bad Boys" by Inner Circle on all my CD's, that way, the next time I get pulled over....The cop will walk up hearing it and start cracking up. Or, it could back fire and he could drag me out and beat me like rodney king.

[QUOTE=Haole-Pino;2262011]beat me like rodney king.[/QUOTE]

I'd do it to you regardless:happy:

[QUOTE=Haole-Pino;2262011]drag me out and beat me like rodney king.[/QUOTE]

Just make sure someone gets it on video. :thumb:

My head hurts after going through this thread...

[QUOTE=Keainakoa;2262043]Just make sure someone gets it on video. :thumb:[/QUOTE]

If you got it on video....It wouldn't have the same effect as the rodney king vid. A white guy getting beaten up by the cops, black people will cheer and so will some local guys "Eh, look the haole is getting bust up!!! That's right you faka, see what happens when you like take our land!!!"

Hey guys...come on...stop trying to dodge the swear filter (sh8, faka)...please?

[QUOTE=Ditchhanger;2262059]Hey guys...come on...stop trying to dodge the swear filter (sh8, faka)...please?[/QUOTE]

Sorry :doh:

[QUOTE=Haole-Pino;2262011]I should have "Bad Boys" by Inner Circle on all my CD's, that way, the next time I get pulled over....The cop will walk up hearing it and start cracking up. Or, it could back fire and he could drag me out and beat me like rodney king.[/QUOTE]

I got out of a ticket in my WRX on the Pali and I swear it was because I was listening to NPR on the radio and wearing a suit.

I wish I could describe the look on the cops face, he asked me over and over if I was sure if it was my car.
hehe see being white as me pays off sometimes.



sry about the swear filter, i forget sometimes.

[QUOTE=Ditchhanger;2262059]Hey guys...come on...stop trying to dodge the swear filter (sh8, faka)...please?[/QUOTE]

Sorry. :tape:

If this helps, I got pulled over this year and my ticket for speeding got dismissed. A lot of things on my ticket were left blank (posted speed, actual speed going, how he measured my speed, and some other stuff), but I don't know for sure if that was the reason for it being dismissed, or if it was because I explained on my letter to the judge how the cop totally judged people that drive SUBARUS and how he threatened me.

BTW, thanks again Dave for my Clearwire :)

[QUOTE=sponge;2262873]BTW, thanks again Dave for my Clearwire :)[/QUOTE]

No problum bro :)

**update**(08/21/08)
 

Well, my court date was today.....I'm happy to announce that I contested and WON!!!

Here's the story, I went down to the Pearl City Courthouse at 8:30a.m. the Judge name was David. I was thinking "Sweet, we have someting in common!!". Maybe that will help me.....There was 4 people ahead of me, the Judge drilled each one and they all had to pay there tickets in full. I was thinking, "Oh god, I'm screwed....I'm screwed..." Then came my turn, As I approched the stand, I said "good morning your honor" he said "good morning, how do you plead? Do you Admit or Deny the charges...." "I Deny them your honor....." As I was about to state my case, the judge rised his hand and said "WAIT, just before you start speaking..." and I waited in slience for a good 30 secs. It felt like forever, so many things were running through my head. "Oh crap, what now? He never told the others before me to WAIT, did I do something really bad?! Why is he fliping through all his notes?"...after the slience, he said "Well, it seems like the officer didn't file this ticket correctly. Heck, the idiot didn't even write a report, so since I have no report to compare with your story, I'm finding judgement in your favor....Have a good day Mr.Easterling...."

YES!!!! All I said was "Good Morning your honor , I deny" and I WON!!!! It feels like a hugh weight is lifted of my shoulders...

^^^^^^^

Congratulations Dave! Thank goodness the judge used a common sense and rational approach, and not be bias.

yeah, not really a case. i wouldn't have been worried. but you never know.

waste of time and tax money.

Half of the time they just want you to pay the bs ticket and didn't do all the procedures... what a joke. Fight the power!!!!

Congrats Dave!

Did you have to speak in front of the mic?

.......

good stuff dave!

congrats!

[QUOTE=STiAlain;2299092]good stuff dave!

congrats![/QUOTE]

Whats up fool pm me sometime...

congrats man... its always nice to win with the system

[QUOTE=islandboy78;2299094]Whats up fool pm me sometime...[/QUOTE]

lol dam you miss me that much

[QUOTE=STiAlain;2299116]lol dam you miss me that much[/QUOTE]

Not really just seeing hows it cooking...

congrats dave! maybe you should go to court with tiff for good luck

yay for a fair judge and an officer who didn't know what he was doing

Fight it, they don't know who they messin with

[QUOTE=Haole-Pino;2298778]"Well, it seems like the officer didn't file this ticket correctly. Heck, the idiot didn't even write a report, so since I have no report to compare with your story, I'm finding judgement in your favor....Have a good day Mr. Easterling...."[/QUOTE]

LMFAO!!! Classic! I Love it! Congrats Dave! See you in Waipio.

Shawn

[QUOTE=Keainakoa;2314478]LMFAO!!! Classic! I Love it! Congrats Dave! See you in Waipio.

Shawn[/QUOTE]

hahaha cops with a bad memory.......... :tape: :crazy: :joker: