rudypoochris Posted January 17, 2006 Share Posted January 17, 2006 So i live in California and just got a 90mph speeding ticket. My speedo said I was going 80 so I want to contest it. I realize it was stupid to speed, but I think there is a big difference between 80 and 90 and would like the ticket to reflect what I was acctually doing (naturally). The problem is I have no idea to start. First off the ticket was issued in Roseville, which is an hour and a half away, but the cop said I could have it moved down to Oakland. Secondly, what do I say as my argument, I have no proof and pretty much no means of proving myself. Does he have to present papers showing is devices were calibrated? Or am I already assumed guilty (probably violates some rights, right?)? Thanks. Link to comment Share on other sites More sharing options...
Mikelly Posted January 17, 2006 Share Posted January 17, 2006 Rudy, Was the car your Z? You need to find a shop that does speedo calibrations. Once you find that shop, and get the car on their rollers, you'll know what the difference is in the speedometer. Contact me offline if you were driving your Zcar. I have some thoughts I'll share with you. Mike Link to comment Share on other sites More sharing options...
bradz240 Posted January 17, 2006 Share Posted January 17, 2006 My son got a speeding ticket in Florida and was sure he wasn't speeding as he was driving beside a friend and my sons passenger was talking to the other car who said they were going the speed limit also but not ticketed. Anyway my son went on line to see if he could fight it and found a site that tells you how to fight a speeding ticket. He found one, don't know what it was, but it said that the officer is required to prove his radar was properly calibrated (they actually carry a log book for this) with the correct tuning forks with matching serial numbers to the radar gun. They didn't match but the judge found him guilty anyway. A real kangaroo court. The judge also said in his opening information if you calmed you were going slower than the speed on the ticket but were still speeding, only by a lesser amount you were still guilty. But maybe you will have better luck in CA. Link to comment Share on other sites More sharing options...
Pop N Wood Posted January 17, 2006 Share Posted January 17, 2006 Challenging the calibration on the radar happens ALL the time and usually doesn't work. But you still have an argument claiming reasonable doubt. A coworker just went through this with his wife. They admitted, like you did, that she was speeding, but claimed the 90+ MPH the cop was claiming was no where near the speed she was traveling. They were on a crowded freeway, the cop tagged them (on radar) when he was coming from the opposite direction. It took him 15 minutes to catch her. The judge eventually dismissed the charge on reasonable doubt when she convinced him there was probably 100 different things that could have caused the cop or the machine to make an error. Everybody was polite about it, so I think that helped. See if there are any doubts you can bring up. If nothing else just tell the judge what you said above and ask to have the ticket reduced. 90 MPH is going to be a pretty stiff fine so it is worth a shot. BTW, borrow a hand held GPS to check your speedo calibration. Speedo shops are expensive. If it is off, tell the judge as a result of this ticket you checked and fixed your speedo. Might make him think this was an anomaly and he might go easy on you. Link to comment Share on other sites More sharing options...
auxilary Posted January 17, 2006 Share Posted January 17, 2006 http://www.ticketassassin.com Link to comment Share on other sites More sharing options...
Here comes trouble Posted January 18, 2006 Share Posted January 18, 2006 You just stepped into a money market and do not expect any breaks. There is a new swindle up here in Oregon that if you do not make PAYMENT arrangements with the (some of the) Court's or it's collection agency your license will be suspended for 20 years. I doubt if this is legal and tends to drift into a civil debt where a lein is placed on your driver's license.I lost my license for non payment of minor infractions and about 5 years has passed and under Oregon Revised Statutes, five years is the maximum my driving priviliges can be suspended. I cannot find this legal authorization placing leins on driving privileges in the joke books. I filed the paper work with a circuit court and a justice court requesting that DOT be given notice to restore my privileges after 5 years. The Justice Courts are a holdback to the frontier and Judge Roy Bean mentality where the Justice of the Peace is usually under investigarion for misapprpriation of funds or sexual miscoduct. You do not even have to be a high school graduate to be a Justice of Peace. I think there will be troubles right here in River City with a JP who has a dozen assistants to massage her weak ego daily. A good lypo vaccum sucking of her posterior would lessen her ego needs and man rage. Anyway.. I maybe dragging a justice of the peace to the federal courthouse for constitutional issues over my driving privileges. Keep in mind that when a fellow waits five years over minor infractions and refuse to pay...and has 2 cases pending in the 9th Circuit... he is as serious as a heartattack and can write up a lawsuit just as quick.The subject matter found in all the law books are mistakes of lawyers and judges that the victim public contnually pays for......go figure Link to comment Share on other sites More sharing options...
Mayolives Posted January 18, 2006 Share Posted January 18, 2006 The wise man said "He who represents himself in legal matters, has fool for attorney". IMHO, you should find a local attorney (one who works in the jurisdiction where you received the ticket) and have him work a deal for you. Normally you can plead to a lessor offence, pay a big fine, and save yourself points and years of higher insurance rates. This has worked for me several times. Good luck! Link to comment Share on other sites More sharing options...
Lewis Maudlin Posted January 18, 2006 Share Posted January 18, 2006 As a Prosecutor who handles traffic, my suggestion is to give the prosecutor's office a call. In your state that may be some different agency, but contact the people who will argue against you at court. If necessary, ask to make an appointment and go see them. They may be a little difficult to deal with as many have mentioned, but they have heard every conceivable excuse. Rather than argue the matter, they may agree to reduce the ticket. A ticket is a ticket to them. To your insurance company, 90 is a whole lot more than 80. Translate that as $$$ to $$. You may find that a polite attitude and a simple request will get you somewhere once you get through to the correct people. If you can get through to the right people. Link to comment Share on other sites More sharing options...
Mikelly Posted January 18, 2006 Share Posted January 18, 2006 Excellent Advice Lewis. I find it hard to give an attorney a large sum of cash when we're not talking about DUI or something more significant. When I talked with our local Commonwealth attorney, he advised me to take the approach I did for a reckless driving ticket. I did, and it was seriously reduced. If you can present yourself as an adult, act professional,be polite, and leave your emotions outside in the lobby, you'll fare much better. If you can't do anyone of these things, Take Mayolives' advice and spend the money on someone who can do all those things for you. And dress apporpriately. I've talked with a few judges in the past, and had dinner with one, and he said flat out, come in dressed in baggie pants and scruffy looks, act disrespectful, use slang terminology, and you'll be rewarded more harshly than showing the proper amount of respect for his/her honor and the court system. I'm not gonna debate what is right or wrong here, but pass along some experiences. I was a horrible law breaker in my youth. From the time I got my license until last year (23 years driving), I'd been charged 8 times with reckless driving. I've never gotten an attorney. I've also never been convicted of reckless driving. One of those episodes was as a 17 year old kid, being charges 110-40 with reckless, endangerment, and hauled in with my car impounded. I represented myself and the charges were reduced to 5mph over the limit. Virginia is one of the tougher states when it comes to driving privilages, so I'm pretty confident you can get this reduced. But you gotta follow the advice above. Also, if your speedometer is truly off, you MUST go get it certified as being off. The court will want the documentation from the center that verified the incorrect data. That price is a one time fee... Your insurance increases are much more long-term impacting. Mike Link to comment Share on other sites More sharing options...
MatMan Posted January 18, 2006 Share Posted January 18, 2006 So i live in California and just got a 90mph speeding ticket. My speedo said I was going 80 so I want to contest it. I realize it was stupid to speed, but I think there is a big difference between 80 and 90 and would like the ticket to reflect what I was acctually doing (naturally). The problem is I have no idea to start. First off the ticket was issued in Roseville, which is an hour and a half away, but the cop said I could have it moved down to Oakland. Secondly, what do I say as my argument, I have no proof and pretty much no means of proving myself. Does he have to present papers showing is devices were calibrated? Or am I already assumed guilty (probably violates some rights, right?)? Thanks. What were you doing in Roseville? That's a terrible place to speed now, especially with the freeway work around Douglas Blvd. I have been ticketed in Malibu, supposedly driving 65 in a 45. Go to court, fight it, it's a good bet the issuing officer will not show, if he does, plead that you haven't had a ticket in over 10 yrs. (if it's true)...little fine, traffic/driving school, it's all good. Link to comment Share on other sites More sharing options...
JMortensen Posted January 18, 2006 Share Posted January 18, 2006 If you're an AAA member they have a speedometer dyno that they trailer around to AAA offices and they'll test your speedo free of charge. I tested my Z after changing the speedo to Autometer along with the wheel size, diff gear ratio, etc, and by some miracle mine read 99 at 100 mph and was dead on at 30, 40, 50, 60, and 70. If you needed it fast they could probably tell you where there is a dyno and you could drive to it. Link to comment Share on other sites More sharing options...
rudypoochris Posted January 19, 2006 Author Share Posted January 19, 2006 I was coming back from skiing. It was the roseville jurisdiction, but probably not the city. I drove 9 hours that day and got the ticket in the 7th, I wasn't cycling my mirrors enough but was driving sharp. Silly me. About the going into the office and asking for a reduced ticket, I have no idea what to ask/how that will work. Plus, I have no clue what to say, "hey mister I was going 80mph can you please reduce me to that?", reply "no", "oh, okay bye". I have a 102 mph speeding ticket on my record also, so it will be hard to argue. This time though, I really was going 80. Wonder if he just guessed 90 because he saw me brake coming up from behind him. Hmm. Link to comment Share on other sites More sharing options...
2126 Posted January 19, 2006 Share Posted January 19, 2006 I was coming back from skiing. It was the roseville jurisdiction, but probably not the city. I drove 9 hours that day and got the ticket in the 7th, I wasn't cycling my mirrors enough but was driving sharp. Silly me. About the going into the office and asking for a reduced ticket, I have no idea what to ask/how that will work. Plus, I have no clue what to say, "hey mister I was going 80mph can you please reduce me to that?", reply "no", "oh, okay bye". I have a 102 mph speeding ticket on my record also, so it will be hard to argue. This time though, I really was going 80. Wonder if he just guessed 90 because he saw me brake coming up from behind him. Hmm. I know this comment provides no help, but just the fact that... "If you play you pay!!!" Just slow that think down or take it to the track! Link to comment Share on other sites More sharing options...
rudypoochris Posted January 19, 2006 Author Share Posted January 19, 2006 I know this comment provides no help, but just the fact that... "If you play you pay!!!" Just slow that think down or take it to the track! Totally agree, I plan on going to the track now every month, instead of being "reckless". Link to comment Share on other sites More sharing options...
Guest bastaad525 Posted January 23, 2006 Share Posted January 23, 2006 Fight it, no matter if you think you will win or not, FIGHT IT. There is always the chance (reasonably good chance, at that) that the officer won't even show up to contest it and you win by default. I did this just recently, got ticketed in June, plead not guilty, went to court in Dec and the officer didn't show. You can fight in thru the mail first, Trial by Declaration (you will probably lose but this buys you time), then if you lose, you can still ask for a trial in court. Then when you get your trial date, delay it... more buying time. During this time the officers memory is getting fuzzier and he's pulling over tens of other people and accruing other court dates etc. etc. and you have that much greater of a chance he wont even show. But if he does show after all that, be prepared to fight, have your evidence in order, but yeah, be prepared to lose... much as the law is SUPPOSED to presume you innocent unless proven otherwise, I think we all know it's more the other way around in most cases. You might get lucky as well... even if the officer shows up, if the DA sees you are serious about fighting it he may offer you a deal, plea bargain or whatever, reduce your fine and maybe get it so it doesn't go on your license. Point is... don't fight it and NONE of this happens... so fight it... you've got a lot to gain and only some of your spare time to lose.... Link to comment Share on other sites More sharing options...
Here comes trouble Posted January 23, 2006 Share Posted January 23, 2006 Call up and speak to a court clerk wherever your court appearance is scheduled. And ask if you can get a reduction. This is a routine proceedure in Oregon. My advice is to pay because it will take an act of god to win.........see my above post.....My request to reinstate my driver license to the " money market" court was denied (as expected). I have weitten a "reconsideration" request with a faint hint of federal interevention on constitutional grounds. When I file the "reconsideration" with legal weasles, I will ask to see my file and if denied then I will have an additional constitutional issue for federal review. Fighting any ticket is insane unless you are a professional driver on the verge of license revocation and your income depends on it. I am pissing in the wind on my BS but sometime after my lo-cost federal summons is served...win , lose or draw.........$10,000.00 will be changing a deposit location (and not from my account..... If a self serving appointed public officer whose court depends entirely on traffic violation revenue can arbitrarily place a lein on my drivers license for 20 years, then I can ask for a higher court review. Link to comment Share on other sites More sharing options...
crazy280 Posted January 24, 2006 Share Posted January 24, 2006 You Oakland guys are crazy drivers man! LOL Whenever I drive through the East Bay on 80/580 everyone is going waaayyy over the limit. I usually go around 70 honestly, but MANY cars will come up from behind at least 10-20 mph faster than me and swerve around me as if I was some old geezer doing 45 in the fast lane (when I'm actually doing 70). I'm like damn, where's the fire? LOL I'm guessing that's just normal over there eh? Link to comment Share on other sites More sharing options...
avrfan Posted January 16, 2007 Share Posted January 16, 2007 this reply is probalby way to late to help but I got a ticket like this dismissed by writing a letter of explanation to the judge and explaining that i fixed the problem, sent copies of receipts for the speedo cable I replaced ( i was driving with a broken speedo cable) and got a speeding ticket. I didn't even have to show up in court. they sent a latter back saying "dismissed". Link to comment Share on other sites More sharing options...
Brett6485 Posted January 17, 2007 Share Posted January 17, 2007 Go to court and plead not quilty, get a court date, then ask for an extension for whatever reason. Delay the date as much as possible. This really helps your odds of the cop not showing. When you go to court, justify what you were doing. Never try and find a technicality, those almost never work. In your case, say you thought you were doing 80 and that 80 was safe for the conditions. Clear days with no traffic is always helpful. That's been my method the 5 times I've gone to court and I have recieved only one point (traffic school took care of it). Link to comment Share on other sites More sharing options...
buZy Posted January 17, 2007 Share Posted January 17, 2007 No problem. You live in California. If OJ can get away with murder a speeding ticket should be nothing right?. lol jk sorry. Dude face it, your busted at 80 or 90. Throw your mercy on the court and go "guilty with an explanation". If you don't and then loose, prepare to pay the price. If your cool and don't bs the judge it will most likely be reduced to a lower speeding offense.. if you have a clean record. Link to comment Share on other sites More sharing options...
Recommended Posts