I was railroaded...

[Scav]

Originally Posted by Bigsmc

I know it is stacked against me, but I couldn't live with myself if I just wrote a check and moved on.

The straight line deal is something I will investigate (measure the median width) he was across a fairly wide median moving towards me.

Like I said earlier, I know I will probably lose, but I am going to aggrivate the cop (at the least, by making him show up) and let the court know that I (and probably a ton of other people) got a raw deal.

Just don't get all Scav on the judge, I doubt he will like that.

[Danzig]

oh, and don't do like the 'lady' the other day who received a parole revocation order, and signed it 'kiss my ass' and mailed it back. she got contempt added to her punishment...

[DerbyCat]

I'm a former California Highway Patrol Officer and was a court liaison for another law enforcement agency in the past. Obviously, courts vary from state to state so I can't tell you exactly what to do to get off but here are a few things you can do to help your case:

1. Have a written record of the chain of events and all other details about the incident with you (a polite and professional version of your first post in this thread would work ). This will help you to remember all of the details that you want to tell the judge (you will forget key things when you start talking, court can make most people nervous and forgetful). When the Judge asks for your side of the incident, ask him if you can read from your notes and tell him that you would like to submit your notes after you speak as one of your exhibits (i.e.: evidence). In the notes, make sure you document it in the following order:
Describe the day, time, location of the incident and where you were on the roadway.
Note the weather/visibility.
Make mention of other vehicles in front/next to/behind you.
State when you first saw the officer and what you did.
Let the judge know what you did when you were pulled over, where the stop was made at and your behavior when the officer contacted you.
Don't go into a word for word replay of the conversation you had with the officer but note the key points that he told you.

2. Take photos of the area in question showing what the area looked like from your view and also from the officers view. Take these photos during the same time of day as you received your ticket. Take prints that are at least 8"x10" and be prepared to leave them with the Judge. Also, take a photo of your vehicle so the Judge can see that you haven't made any modifications to it.

3. Take the original calibration paperwork you receive from your mechanic and also take copies of any recent maintenance work you have done (this shows that you properly maintain your vehicle).

4. Ask for the Judge to ask the officer for the calibration records for his radar, as well as the officers training and certification for that type of radar. If this is not current, you're golden!

5. If it appears that you're going to lose, politely ask the judge if you can attend traffic school - tell him that would be more beneficial and educational to you than just paying a fine.

6. Always remember to be polite, refer to the judge as "your honor" or "Sir", the cop is "the Deputy (or officer"). Never interrupt and don't speak unless the judge directs you to.

I'm sure there are a few other things that would help you but I can't think of them right now. Good luck - just by appearing in court, being polite, being prepared and organized - you have dramatically increased your chances of not having to pay $163!

[Scav]

Originally Posted by DerbyCat

I'm a former California Highway Patrol Officer and was a court liaison for another law enforcement agency in the past. Obviously, courts vary from state to state so I can't tell you exactly what to do to get off but here are a few things you can do to help your case:

1. Have a written record of the chain of events and all other details about the incident with you (a polite and professional version of your first post in this thread would work ). This will help you to remember all of the details that you want to tell the judge (you will forget key things when you start talking, court can make most people nervous and forgetful). When the Judge asks for your side of the incident, ask him if you can read from your notes and tell him that you would like to submit your notes after you speak as one of your exhibits (i.e.: evidence). In the notes, make sure you document it in the following order:
Describe the day, time, location of the incident and where you were on the roadway.
Note the weather/visibility.
Make mention of other vehicles in front/next to/behind you.
State when you first saw the officer and what you did.
Let the judge know what you did when you were pulled over, where the stop was made at and your behavior when the officer contacted you.
Don't go into a word for word replay of the conversation you had with the officer but note the key points that he told you.

2. Take photos of the area in question showing what the area looked like from your view and also from the officers view. Take these photos during the same time of day as you received your ticket. Take prints that are at least 8"x10" and be prepared to leave them with the Judge. Also, take a photo of your vehicle so the Judge can see that you haven't made any modifications to it.

3. Take the original calibration paperwork you receive from your mechanic and also take copies of any recent maintenance work you have done (this shows that you properly maintain your vehicle).

4. Ask for the Judge to ask the officer for the calibration records for his radar, as well as the officers training and certification for that type of radar. If this is current, you're golden!

5. If it appears that you're going to lose, politely ask the judge if you can attend traffic school - tell him that would be more beneficial and educational to you than just paying a fine.

6. Always remember to be polite, refer to the judge as "your honor" or "Sir", the cop is "the Deputy (or officer"). Never interrupt and don't speak unless the judge directs you to.

I'm sure there are a few other things that would help you but I can't think of them right now. Good luck - just by appearing in court, being polite, being prepared and organized - you have dramatically increased your chances of not having to pay $163!

Talk about VALUE on this board. I'll be sure to pick your brain DC if I have a run in with your fellas

[docicu3]

Originally Posted by DerbyCat

I'm a former California Highway Patrol Officer and was a court liaison for another law enforcement agency in the past. Obviously, courts vary from state to state so I can't tell you exactly what to do to get off but here are a few things you can do to help your case:

1. Have a written record of the chain of events and all other details about the incident with you (a polite and professional version of your first post in this thread would work ). This will help you to remember all of the details that you want to tell the judge (you will forget key things when you start talking, court can make most people nervous and forgetful). When the Judge asks for your side of the incident, ask him if you can read from your notes and tell him that you would like to submit your notes after you speak as one of your exhibits (i.e.: evidence). In the notes, make sure you document it in the following order:
Describe the day, time, location of the incident and where you were on the roadway.
Note the weather/visibility.
Make mention of other vehicles in front/next to/behind you.
State when you first saw the officer and what you did.
Let the judge know what you did when you were pulled over, where the stop was made at and your behavior when the officer contacted you.
Don't go into a word for word replay of the conversation you had with the officer but note the key points that he told you.

2. Take photos of the area in question showing what the area looked like from your view and also from the officers view. Take these photos during the same time of day as you received your ticket. Take prints that are at least 8"x10" and be prepared to leave them with the Judge. Also, take a photo of your vehicle so the Judge can see that you haven't made any modifications to it.

3. Take the original calibration paperwork you receive from your mechanic and also take copies of any recent maintenance work you have done (this shows that you properly maintain your vehicle).

4. Ask for the Judge to ask the officer for the calibration records for his radar, as well as the officers training and certification for that type of radar. If this is current, you're golden!

5. If it appears that you're going to lose, politely ask the judge if you can attend traffic school - tell him that would be more beneficial and educational to you than just paying a fine.

6. Always remember to be polite, refer to the judge as "your honor" or "Sir", the cop is "the Deputy (or officer"). Never interrupt and don't speak unless the judge directs you to.
I'm sure there are a few other things that would help you but I can't think of them right now. Good luck - just by appearing in court, being polite, being prepared and organized - you have dramatically increased your chances of not having to pay $163!

The best of the advice you've gotten....anymore like this and we'll have to take play on you and establish a line for this event.

Court Date??

Wear professional clothes to court shirt/jacket/tie conservative in taste.
If your record of priors is spotless make sure that is known in your defense..

[Bigsmc]

Originally Posted by DerbyCat

I'm a former California Highway Patrol Officer and was a court liaison for another law enforcement agency in the past. Obviously, courts vary from state to state so I can't tell you exactly what to do to get off but here are a few things you can do to help your case:

1. Have a written record of the chain of events and all other details about the incident with you (a polite and professional version of your first post in this thread would work ). This will help you to remember all of the details that you want to tell the judge (you will forget key things when you start talking, court can make most people nervous and forgetful). When the Judge asks for your side of the incident, ask him if you can read from your notes and tell him that you would like to submit your notes after you speak as one of your exhibits (i.e.: evidence). In the notes, make sure you document it in the following order:
Describe the day, time, location of the incident and where you were on the roadway.
Note the weather/visibility.
Make mention of other vehicles in front/next to/behind you.
State when you first saw the officer and what you did.
Let the judge know what you did when you were pulled over, where the stop was made at and your behavior when the officer contacted you.
Don't go into a word for word replay of the conversation you had with the officer but note the key points that he told you.

2. Take photos of the area in question showing what the area looked like from your view and also from the officers view. Take these photos during the same time of day as you received your ticket. Take prints that are at least 8"x10" and be prepared to leave them with the Judge. Also, take a photo of your vehicle so the Judge can see that you haven't made any modifications to it.

3. Take the original calibration paperwork you receive from your mechanic and also take copies of any recent maintenance work you have done (this shows that you properly maintain your vehicle).

4. Ask for the Judge to ask the officer for the calibration records for his radar, as well as the officers training and certification for that type of radar. If this is not current, you're golden!

5. If it appears that you're going to lose, politely ask the judge if you can attend traffic school - tell him that would be more beneficial and educational to you than just paying a fine.

6. Always remember to be polite, refer to the judge as "your honor" or "Sir", the cop is "the Deputy (or officer"). Never interrupt and don't speak unless the judge directs you to.

I'm sure there are a few other things that would help you but I can't think of them right now. Good luck - just by appearing in court, being polite, being prepared and organized - you have dramatically increased your chances of not having to pay $163!

Thanks DC. I was working on most of that except the photos. That is a nice addition and I can easily pull over and take those photos any day on my way home. I've also been researching the radar he used. Some interesting Law Enforcement message boards out there....

Thanks a bunch.

[Bigsmc]

Originally Posted by docicu3

The best of the advice you've gotten....anymore like this and we'll have to take play on you and establish a line for this event.

Court Date??

Wear professional clothes to court shirt/jacket/tie conservative in taste.
If your record of priors is spotless make sure that is known in your defense..

No court date yet. I tried to call the courthouse yesterday, but the woman couldn't hear me. I am going down there in person on Monday to enter my request for a court date.

[Bigsmc]

Originally Posted by merasmag

if you're only going to prove a point

You obviously don't get it. I would write the check in a heartbeat if he had actually clocked me accurately.

[Bigsmc]

Originally Posted by merasmag

are u sure cops even have to show up there? (in some places they can just introduce the ticket, p.s., make sure everything on that is accurate)
most times cops show up when they have more than one case, so u won't be inconveniencing him a great deal, in fact, he might even enjoy a break from the stake-out monotony and a free lunch...as to the court, i'm pretty sure the judge expects to hear u (and everyone else there) got a raw deal...when u go there monday stick your head in the courtroom and see if u really want to do all this as a matter of principle...especially as u already admitted breaking the law anyway

I will gladly pay the fine for how fast I was actually going. That's all I am hoping for, I don't expect to get it thrown out or walk away scott free.

[Scav]

Originally Posted by Bigsmc

I will gladly pay the fine for how fast I was actually going. That's all I am hoping for, I don't expect to get it thrown out or walk away scott free.

Why are you tiffing with Sharon? She is drunk 68% of the time.

MUDBUG SUCKS SHARON

[Danzig]

Originally Posted by Scav

Why are you tiffing with Sharon? She is drunk 68% of the time.

MUDBUG SUCKS SHARON

i think you got dyslexic with that number....

[Cajungator26]

If it makes you feel any better, my purse was stolen and now someone is trying to steal my identity. Hurray.

Sorry to hear about you getting a ticket, Bigs. No way I'd just pay the ticket. (This is coming from someone who has already been to traffic school 3 times, lol.)

In this state if the officer thought he might be wrong it would be a no show. So I predict a no show.

Good luck.

If you can fake cry...

Ahhh ask for a warning next time
and then have a mental breakdown
if he gives you the ticket anyway.

Consult magma for the procedure
reguarding severe head trauma simulations.

[Danzig]

Originally Posted by merasmag

that is like leavin your truck unlocked with 3 leather jackets in it....maybe mike hukabee can make it a death-penalty offense for rippin off people askin for trouble

wrong guy. he's the one who commutes the sentences of all the crooks.

[dylbert]

Several suggestions that friends have successfully used to argue speeding tickets:

1) request continuance -- most tickets written by specific trooper have predetermined court date. Trooper will be there. With continuance, it is unlikely that trooper will get new date.

2) contest equipment & trooper training -- has equipment been properly maintained, has it been CALIBRATED by qualified facility, and has trooper had training and continuing education to properly use equipment.

3) calibration can work in your favor, too. If it shows slower speed, you may have been travelling within speed limit. If it shows less than 2 percent variance, you can argue that radar equipment is faulty. With faulty equipment, another tactic that I would suggest is -- do any of your local TV stations have an "on your side" reporter. This could invalidate every ticket written using that equipment. Law enforcement would not want to face that evidence in court or on the air.

Main advice is don't let law enforcement intimitate you. They protect and serve us the public. In the end, you may SMILE.

I respect job that law enforcement does and appreciate their service; however, overzealous and uneven traffic enforcement is both unfair and unjust. In Louisiana, we have local sheriff departments patrolling rural interstate highways to fill their coffers while these same parishes have rampant drug problems -- usually meth and/or crack. Get these drugs out of community and solve some of the social ills they attract and perpetuate.

[SuffolkGirl]

http://auto.howstuffworks.com/radar-detector1.htm


The former California Patrol Officer, as already mentioned, has given you the best advice. I've attached a link about radar - specifically related to your case is the fact that the patrol car was moving so that speed must be taken into consideration and perhaps there was a miscalculation....

Good luck and don't let them intimidate you.

[Scav]

Originally Posted by merasmag

was wondering how this all worked out for ya

I second this, now Sharon has me curious

[AeWingnut]

Originally Posted by merasmag

he just doesn't want to say i was right, and if i was wrong, that's ok, i won my case this morning...boy is that lawyer PISSED!

what is the difference between a dead skunk in the road and a dead lawyer in the road?
There's skid marks before the skunk.

What do you call 10,000 dead lawyers?
A nice start

anyway... I get pulled over because my name ends in a vowel

[golfer]

Not to speak for Bigs, but the wheels of justice are known to move slowly, probably not much has happened yet.

[Indian Charlie]

This won't do you any good for the upcoming date in court, but man, you gotta get yourself a high quality radar detector! I don't care if I'm going 1 MPH under the speed limit, if I hear that baby scream at me, I slowwww down.

Your case reminds me of this instance a few years ago in New Hampshire. I was driving up the turnpike and as I approached the Rochester Toll booth (going North), I picked up the troopers radar from a bit more than 3/4's of a mile away.

I was, at the time I picked the radar up, going about 60-65 MPH but immediately slowed down and coasted towards the toll. The cop, a known and hated over-compensating masculine female trooper, was parked facing traffic just in front of the toll booths. I'd say about 100 yards away from the tolls.

As I hit the 35 MPH limit toll approach zone, I was already under 20 MPH. I passed the cop and she immediately flipped on her lights and turned around. I went through the toll and then pulled over as she signaled to me that it was my time to pay the speeding tax.

She comes up to my car and tells me that I was going 61 MPH in a 35 MPH zone, a mere 100 yards in front of the toll booth, in the RAIN!!

I found out a short time later that anything exceeding 25 MPH over the speed limit there is considered a more severe speeding infraction (felony??)!!

So, I do some research online before my court date and found some interesting information that conveyed to me that it is basically illegal for troopers to park in front of toll booths to target motorists.

The judge, of course, has never heard such nonsense (I printed out copies for him and the cop) and while stating my evidence, the cop actually interrupted me and mocked me for finding 'stuff on the Internet'.

Not only did I present this information, but I also commented on the likelihood of me going 61 mph in the rain 100 yards before I had to stop and pay a toll, all the while already knowing about the radar being used three quarters of a mile away.

The judge found me guilty, but did say that he agreed with me about probably not going 61, so he marked my ticket down to 58.

Yippeee.

As I was leaving the court, the cop timidly approaches me and asked for the information I had presented in my 'trial'. I gave it to her, though I felt like telling her that her hair bun was so tight that it looked like her forehead was going to break through her skin.

Anyways, that was three years ago and to this day, I have not seen one cop parked out in front of the toll booth. It used to be a regular occurrencence.

My point? That maybe you can't win your fight, but you might be able to make a change for the better!

Oh, and I also read that for a radar ticket to be valid, they need to clock you from within around a 1/4 mile! At least in NH/ME they do. You may want to check into that.