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Posted: 1/27/2002 2:43:54 PM EDT
My hearing is on Tuesday. This will be my first time ever and some advice would be really helpful right now--what to wear, tips, etc...
This is my case: The cop said I was going 55 in a 25 zone. My case is that where the cop was parked, there was no way that he could tell I was going 55 in the first place--therfor he's lied about me going 55. Now, in this picture, this is where the cop was parked. The green little sign you see way down the road is the city limit--meaning 25 miles/hour limit has started. I was coming towards the cop, and said i was going 55 before the green sign. But obviosly, he can't even see beyond the green sign, so how could he tell I was going 55? Now, in this picture you see the green sign, and THEN the sign saying 30 (which was actually 25 when he pulled me over) and the 30mph sign you can't even see in the picture above! Any suggestions on my case? I'm extremly nervous about it... Thanks Guys! Adam |
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Posted: 1/27/2002 2:45:55 PM EDT
[#1]
Whooops, here we go:
First picture: [img]http://www.automags.org/forums/attachment.php?s=&postid=201127[/img] Second picture: [img] http://www.automags.org/forums/attachment.php?s=&postid=201135[/img] |
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Posted: 1/27/2002 2:46:46 PM EDT
[#2]
second picture:
[img]http://www.automags.org/forums/attachment.php?s=&postid=201135[/img] |
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Posted: 1/27/2002 2:51:44 PM EDT
[#3]
Were you speeding ?
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Posted: 1/27/2002 2:57:39 PM EDT
[#4]
I wouldn't be fighting it if I was
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Posted: 1/27/2002 3:00:42 PM EDT
[#5]
Well, you have photos of the area, and presumably you can draw it out on a drawing board that is generally available in the courtroom for exactly that purpose. Do so.
Use that drawing board and your photos. This can be good evidence. If the cop doesn't show up, you win. I challenged a ticket once and the cop didn't show, so it was an easy win. CJ |
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Posted: 1/27/2002 3:05:58 PM EDT
[#6]
Well I have always fought every single ticket I've gotten and only lost 1. Haven't gotten any tickets in TX yet or any other state other than CA so laws and procedures might be different in your state. Everything I say is based on CA.
[b]Delaying[/b] Go to court and plead not guilty. The judge will then set a trial date. There is normally a way to reschedule the trial 48hrs prior. I would re-schedule 48hrs prior the trial date. The precinct might not get the notice in time for the re-scheduled trial and the cop doesn't show therefore the case gets thrown out. Works about 80% of the time. A good reason for delaying is you are trying to gather info, like radar gun calibration, officer background for giving ticket, etc. [b]Info gathering[/b] Find out how he attained your speed. Should be on the ticket, wether it is analog radar or laser radar. Get the calibration records for said radar. Some radars require a warm up period, before use. Unfortunately, I lost my link to radar info, but there is plenty of em on the web. Use this. Some are directly from the mfg. Print and bring it to court. You can get info on his radar at his precinct. If he followed you to attain your speed, he must do so for a prescribed distance to ascertain average speed over the limit is sustained. He needs to log that on the ticket. If he did not use this distance case can be thrown out. Study all info needed. Bring your photos. Question the officer about procedures, but make sure you know the answers. Present all facts to the judge. Any procedures that the cop did not follow should get the case thrown out. |
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Posted: 1/27/2002 3:06:25 PM EDT
[#7]
what type of speed detection device was the officer using, i.e laser, radar, vascar, etc.?
This should be marked on your citation |
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Posted: 1/27/2002 3:07:23 PM EDT
[#8]
I assume that you've asked for a jury trial, if one is available in your state.
If you do, it's more likely that the cop won't show. Why? The police set their court appearances to minimize the amount of time that they spend in Court testifying about such cases as speeding. So the great majority of cases they appear for are those before the Judge, with no jury. They may have four to five cases set for the same day. Whenever someone asks for a jury trial, it will most likely be set on a day with very few other cases, so the policeman knows that if he doesn't show up one or two cases may be dismissed, not the four, five, six that would happen if he didn't appear on a regular court date. BTW, I usually just pay my speeding tickets. Eric The(IWasteALotLessMoneyThatWay)Hun[>]:)] |
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Posted: 1/27/2002 3:13:01 PM EDT
[#9]
I don't know about officers not showing up, here in Ohio if the hearing is rescheduled and the officer doesn't have enough time to be notified the prosecutor can ask for a continuance. Plus most officers are paid to show up to court. Ref the calibrations records supeona those and all factory service records of the unit and get the units serial number. Also get motion for discovery for the officers training on the device, is he qualified to run it.
GOOD LUCK |
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Posted: 1/27/2002 3:17:45 PM EDT
[#10]
I used to think that I could plead my case before a judge and win...WRONG!
Dress nicely, Plead guilty BUT, Request the judge give you driving school and no record of the offense. Explain that it's your first offence and that you feel you are innocent but don't want to jepordize your driving record. Use "Your Honor and Sir" at all times. Regardless of how you got busted (Radar, Laser, Vascar), you are going to get fried anyway. |
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Posted: 1/27/2002 3:17:48 PM EDT
[#11]
One more thing, this all happened 9/7/01 when all the leaves were still on the tree blocking the view even more.
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Posted: 1/27/2002 3:18:21 PM EDT
[#12]
The law officer has no reason to lie and you should be happy to pay the ticket as a reminder to travel at a safe speed - spoken in my best Imbroglio voice.
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Posted: 1/27/2002 3:23:34 PM EDT
[#13]
Quoted: I assume that you've asked for a jury trial, if one is available in your state. If you do, it's more likely that the cop won't show. So the great majority of cases they appear for are those before the Judge, with no jury. Whenever someone asks for a jury trial, it will most likely be set on a day with very few other cases, so the policeman knows that if he doesn't show up one or two cases may be dismissed, not the four, five, six that would happen if he didn't appear on a regular court date. BTW, I usually just pay my speeding tickets. Eric The(IWasteALotLessMoneyThatWay)Hun[>]:)] For City or County court....Maybe. For State Trooper (DPS)....No Sir. ...and bring a sack lunch. |
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Posted: 1/27/2002 3:32:11 PM EDT
[#14]
Look around.. I hired a lawyer for 100 dollars. I have heard you can find them for 50. They do it all for you. Even if you have to pay the ticket, which usually doesn't happen, they argue to keep off points, which driving school here costs 40$. All in all i think it is 100 dollars well spent whenever it frustrates a cop.
It is great to walk out of the courtroom after you win, but with a lawyer you don't even have to go. |
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Posted: 1/27/2002 3:35:58 PM EDT
[#15]
Don't count on the Cop not showing, be prepared. In my area cops almost always show up for trials because: 1. OVERTIME! 2. Discipline, if they miss a trial they get in trouble, get written up have stuff put in their personel file (at least for some departments). Be prepared so you don't panic if the cop does show up.
Remember to set him up BEFORE you whip out your killer photo. You have to get him to establish where he was parked without tipping him off that he could not see you from there! (or whatever point you want to prove) If he figures out where you are going with a question far enough ahead of time he will lie his way out of it. That means bringing a photo from another angle. If you show him a photo where he obviously could not have seen you and ask if he was parked there he will most likely smile at you and say "Well Sir I was parked further up the road/ closer to the road etc." Don't count on him telling the truth. If he falls for saying that he was parked where you want him, have him mark the spot on one of your photoes. Bring any drawing board stuff with you if you want one, I haven't seen that stuff in many court. Photoes are better. Remember cross examining the cop is like judo- set him for the fall BEFORE you kick his legs out from under him. Plot out your questions for the cop, what he might say and what you will do depending on what he says ahead of time if you are nervous. Remember if he lies like a rug don't lose heart. Just tell your side of it. If anyone else was in the car with you-BRING 'EM. Don't bring a statement from them. Talk SLOWLY and normally. Tell the judge or jury what happened like you would tell us. You need to be polite but don't try and sound like some dorky TV lawyer. It's okay to be firm, but not loud or argumentative. Dress depends on wear you are, the court etc. At least wear a dress shirt w/buttons, pants other than jeans and hard shoes, not sneakers or boots. Get to court ahead of time if you can, there might be other trials before yours so you can see how it goes, what the judge is like etc. Do all of your preparation tomorrow and have it ready tomorrow night so you are not fumbling to do it at the last minute on Tuesday. Good luck and don't get too wound up over it. It won't be as bad as you think. |
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Posted: 1/27/2002 3:53:49 PM EDT
[#16]
Good advice here. Listen and learn. All of us have gotten speeding tickets from time to time. Fight it, and speed no more. Maybe I should re-post my (almost) guaranteed method of avoiding minor speeding tickets.
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Posted: 1/27/2002 3:57:40 PM EDT
[#17]
Quoted: Maybe I should re-post my (almost) guaranteed method of avoiding minor speeding tickets. Please do |
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Posted: 1/27/2002 4:38:31 PM EDT
[#18]
Quoted: Maybe I should re-post my (almost) guaranteed method of avoiding minor speeding tickets. If it's the one about swerving erratically then suddenly stopping and jumping out of the car running around like a maniac yelling about 'killer bees', don't bother. I've already heard that one. [:)] |
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Posted: 1/27/2002 5:40:41 PM EDT
[#19]
plead insanity [BD] [whacko]
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Posted: 1/27/2002 6:02:50 PM EDT
[#20]
just hope he doesnt show if he does i think you will lose.
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Posted: 1/27/2002 6:34:05 PM EDT
[#21]
Please let us know how it goes.
BTW, did you know that there are 12 towns named Olivet in the U.S.- two in Tennessee! |
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Posted: 1/27/2002 6:55:45 PM EDT
[#22]
How about-"I was speeding because I was low on gas so I was in a hurry to get to the gas station."
altho when pulled over I prefer "OHMYGOD! Don't look in the trunk!!!" |
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Posted: 1/27/2002 7:29:33 PM EDT
[#23]
Quoted: BTW, did you know that there are 12 towns named Olivet in the U.S.- two in Tennessee! The photos look like Olivet Michigan to me. If so challange the cops training. With the exception of the State Police, Michigan cops are products of the college system. If this was Olivet Michigan, odds are the ticket writer was "trained" in some shitty college like Ferris State or CMU and is only a part time cop. Barney Fife would perform better in court than those guys do. |
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