Contested Traffic Violation Help

Discussion in 'Motorized Vehicles' started by BigHops323, Feb 28, 2009.

Thread Status:
Not open for further replies.
  1. BigHops323

    BigHops323 Notebook Deity

    Reputations:
    96
    Messages:
    726
    Likes Received:
    0
    Trophy Points:
    30
    Alright so my court date is finally coming up and I need some help to win this thing, by win I mean not lose my license, I'm not worried about the fine.

    So this is what happened, on June 30, 2008 I was pulled over around 8:50AM, cited for doing 36mph in a 25mph zone. The officer came to my car, asked for license, registration, proof of insurance, all were provided. He then walked back to his motorcycle and five minutes later came back, handed me the ticket, asked if I had any questions (I replied no) and he was on his way. (I thought there was a certain protocol he was supposed to say... like telling me what I was being cited for and stuff like that) After looking at the ticket I decided to contest it, mainly because I was 18 at the time and had had my license for 10 months or so at the time.

    Here is what I plan on pleading my case with, and hopefully someone can help me out. He cited on the ticket that the date was 7/1/08, when in fact it was 6/30/08. Also, I am not sure on this one but I thought he was supposed to at least tell me what I was being accused of and such. The third thing I have is that on the ticket I was cited as 11mph over via laser, but on the statement I got from the court it says 10-14 over, from my education so far I have learned that a deviation is +- some number, not +3 or -1 which would mean I could have been going anywhere from 8-14mph over, which would change the amount of the fine.

    The really crappy thing is that the car I was driving, the speedometer bounces, like shows +-10mph of what you are actually doing and it was hovering right around 25 at the time.

    The reason I know I was pulled over on the 30th of June rather than the 1st of July is because it was four days after the passing of my Grandmother and it happened to be my brother's birthday.

    Thanks for any help guys!
     
  2. flipfire

    flipfire Moderately Boss

    Reputations:
    6,156
    Messages:
    11,217
    Likes Received:
    68
    Trophy Points:
    466
    I dont see you having a defense on this.

    Laser showed your speed at 11mph which falls under the charge of speeding over 11-14mph (not sure what the local law is over there but theres usually ranges it falls into)

    wrong fine date? ... not really relevant
    speedo broken? ... shouldnt be driving an un-roadworthy car to begin with.

    If its your first offence then emphasize that. Hope you get a good judge/magistrate and wear something decent. Also always be respectful to his/her honor.

    I had a jumpy needle on my old car too, i drove around for months without a speedo. I used the tacho instead (2500rpm in 3rd gear is 50km/h).
     
  3. BigHops323

    BigHops323 Notebook Deity

    Reputations:
    96
    Messages:
    726
    Likes Received:
    0
    Trophy Points:
    30
    Doh! Can't believe I didn't realize why it shows 10-14 over... guess I should just hope that the judge likes me. Although I have talked to some people that work for the state and one who works in the district court house that said the date being wrong, especially due to the month change (still one day so I don't know why that would matter) should help me quite a bit.
     
  4. s2odin

    s2odin Merrica!

    Reputations:
    1,085
    Messages:
    859
    Likes Received:
    2
    Trophy Points:
    31
    did you ask the officer if he had calibrated his gun recently?
     
  5. Manic Penguins

    Manic Penguins [+[ ]=]

    Reputations:
    777
    Messages:
    1,493
    Likes Received:
    0
    Trophy Points:
    55
    If its your first offense you shouldn't loose your license and the fact that the date is wrong cant help.

    If the officer couldn't tell the date then he may have misread the speedo. He may've been tired seeing as it was late. :D
     
  6. Hoy

    Hoy Notebook Evangelist

    Reputations:
    65
    Messages:
    401
    Likes Received:
    0
    Trophy Points:
    30
    Cross your fingers.. in the end it comes down to the judge you get. Your ticket could be dropped on a technicality as you are hoping, it could be dropped because the issuing officer is not present to prove your guilt, it could be reduced as a first offense, it could be waved pending drivers education or defensive driving classes, it could stay the same..

    I've put together solid cases before showing several technicalities, wearing a nice suit, and in the end the judge made me pay the fine. Other times I got the ticket dropped on the smallest technicality for an above reason.

    My best advice is next time don't get caught. Don't speed in unsafe areas, watch for "fishing holes", and watch for traffic cameras. Even the most expensive radar/laser/lidar detectors are just a tool to tell you that you're probably going to get pulled over in some cases and often times will only make the police want to pull you over or ticket you more.

    Good luck.
     
  7. flipfire

    flipfire Moderately Boss

    Reputations:
    6,156
    Messages:
    11,217
    Likes Received:
    68
    Trophy Points:
    466
    The defense of the date being wrong by 1 day wont really get you anywhere. Though you should still mention it if you can as it will reflect on the officers competency.

    The female judges are usually more lenient. Some judges will just laugh at your matter and throw it out while some will take it to the full extent. Fingers crossed you dont get a cranky one.

    On your court date, be on time, be respectful and dont waste their time. Dont lie or make petty excuses, they know straight away when they are being manipulated.

    So is it your first offence?
     
  8. BigHops323

    BigHops323 Notebook Deity

    Reputations:
    96
    Messages:
    726
    Likes Received:
    0
    Trophy Points:
    30
    Yes, this is my first offense and state law says that I will lose my license due to the ticket being issued within two years of receiving my license, which is why I hope to just get it reduced to the fine with no points on my license.
     
  9. JDELUNA

    JDELUNA Notebook Deity

    Reputations:
    419
    Messages:
    958
    Likes Received:
    0
    Trophy Points:
    30
    Wear a shirt and tie and be respectful when addressing the judge and the police officer and they may just lower the charge or drop it. Let us know how it goes. God Bless :)
     
  10. Tippey764

    Tippey764 Notebook Deity

    Reputations:
    377
    Messages:
    1,423
    Likes Received:
    0
    Trophy Points:
    55
    If the officer dosent show up for court because he dosent feel like it you would win your case.
     
Thread Status:
Not open for further replies.

Share This Page