Pulled for speeding, but was not speeding

Discussion in 'The Club House' started by BCMjUnKiE, Feb 22, 2012.

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  1. BCMjUnKiE

    BCMjUnKiE New Member

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    Today I got pulled over and was asked if I know the speed limit. I said yes. The motorcycle cop said " I clocked you at 52 in a 35. I asked to see the Radar with the speed that he said I was going and he said. In the state Florida they are not required to show you and the Radar doesn't lock in your speed.
    He said this doesn't mean your guilty. Then I said " I will see you in court". I told him I'm the only working and drive 100 miles a day to and from work and that I wasn't going to pay a $256 ticket for speeding which you have no proof of.
    I was doing 40 in a 35. There is nothing on this road but woods until you get near the traffic light.
    I will be getting an Attorney, because I be damned if I'm paying for something that is completely false.
    By the way he was facing the direction I was driving and there was another car a little ways behind me. He must have clocked him and I got hosed. Because it was a while until he pulled me over.
    Motorcycle Cop.................... Remember it's people like me that work that pay there salaries.
     
  2. robocop10mm

    robocop10mm Lifetime Supporting Member Lifetime Supporter

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    Doppler radar will lock on the strongest signal. Fastest, closest and/or largest. If it was a small car, way back it did not likely lock on that car. Unfortunately, it is pretty much your word against the officer. If the officer testifies well, an attorney will do you little good. Have your speedometer checked. Many brand new cars are off as much as 7 mph. If you have put oversize tires on the vehicle, it will cause it to read less than actual speed. Big mudders can throw you off 15 mph. You admit to speeding. Now you are just haggling over the how much over.
     

  3. BCMjUnKiE

    BCMjUnKiE New Member

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    I didn't admit. The only way that I did is by signing the citation.
    And if I didn't sign, they can take you to jail.
     
  4. BCMjUnKiE

    BCMjUnKiE New Member

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    And an Attorney will do some good.
     
  5. downsouth

    downsouth New Member

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    Even if you get off the ticket, you will more than likely have to pay court cost. Lose, lose situation.
     
  6. vincent

    vincent New Member

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    You did say you were doing 40 in a 35...that's speeding...not trying to argue, it is what it is...:cool:

    Holy crap...that makes so much sense...new cars being off...I thought I was losing it, couldn't figure out why I'm gettin' tail dragged while still doing what I thought was a good clip. Never even occurred to me, thinking it's a new(er) car and the speedometer might be off...thanks Robo...:cool:
     
  7. Durangokid

    Durangokid New Member

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    It is worth it to go thru court. The problem is your insurance carrier will up your fees. If your state has a point system it adds to the count. The good news is most police officers do not like setting in court all day for a traffic stop. Many times they will not appear. I have never known of anyone being fined for being over 5 MPH. This is within what most states consider the margin of error. How do I know all these things.:eek:
     
  8. BCMjUnKiE

    BCMjUnKiE New Member

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    $256 worth for 5 miles over?
    I'll waste his time in court before I pay that ridiculous fine.
     
  9. BCMjUnKiE

    BCMjUnKiE New Member

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    You know because your a cop.
     
  10. BCMjUnKiE

    BCMjUnKiE New Member

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    My insurance will go up whether I go to court or not.
    When I know I'm in the right, then that's when I'm not going to sit back and let this slide.
    So it is what it is. A cop that gave a citation that was uncalled for and wouldn't show me proof.
    So if he can't show me then I'll waste both of our time in court.
     
  11. MobileMarine

    MobileMarine New Member

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    Theboys around here have to be certified in ... i forget what they call it.....but they have to be very accurate of estimating speed w/o radar or any other device than their eyeballs . They guys i know are very damn good at it . But i got hit for 39 in a 35 and it stuck .... oh well
     
  12. vincent

    vincent New Member

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    He's getting paid no matter what, you're not wasting any of his time. You lawyer up, take time off work, it's gonna cost you more than $256 Cut your losses...Why cut off your nose to spite your face? Suck it up, you're fighting a losing battle...do you know what a pyrrhic victory is?
     
    Last edited: Feb 22, 2012
  13. MrWray

    MrWray New Member

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    You did admit to speeding, 40mph in a 35mph zone. It may be only 5 miles over the limit, but its still speeding. Now would i write a citation for 5mph over the posted limit? If the driver displays a sh!tty attitude, YES. If the driver was polite and understanding, NO.Whenever you signed the citation you wasnt admitting to guilt, only a promise to appear to the court date or to take care of the citation before the court date "and yes you will go to jail if you refuse to sign a citation". An officer doesnt have to have your speed locked on the radar in order to write a citation for it, all thats needed is his visual confirmation.what some people dont understand is,whenever a LEO conducts a traffic stop,they normally havent decided which avenue they are going to pursue until they have made contact with the driver. If you are polite and cooperative then you have a good chance of only getting a verbal/written warning. If you argue and talk back,you have easily made the officer's decision for them "citation". Normally a citation that is less than 10mph over the limit will not go on your record or make your insurance go up. Why would you retain an attorney for a speeding citation?,thats gonna cost you even more money and not help your outcome.If you attend the court date with a bad attitude like you are displaying, you will be paying for the citation PLUS the court cost.....and maybe contempt
     
    Last edited: Feb 23, 2012
  14. Vikingdad

    Vikingdad New Member

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    Have your speedometer checked by a certified shop. If it is off then you have some evidence that would be admissible in court. Without any evidence to the contrary it is your word against his and 10 times out of 10 the Judge will rule in favor of the LEO.
     
  15. BCMjUnKiE

    BCMjUnKiE New Member

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    For one thing I'm not displaying a bad attitude.
    Second I was polite and asked nicely.
    Why would I pay for this citation that is way out in left field for the amount of 5 miph over?
    You think going to court representing myself would have a chance?
     
  16. MrWray

    MrWray New Member

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    Its always a 50/50 whenever you go to court over a speeding citation. There can be a few outcomes. The judge may make you pay citation cost and court cost, he may waive the citation cost and have you just pay the court cost, or he could make you pay the citation cost and waive the court cost and keep the infraction off of your record "if over 10mph". It just depends on the judge and how you explain your situation. I do agree that is expensive for 5mph over.
     
  17. kfox75

    kfox75 Well-Known Member Supporter

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    There is no win to this situation, compromise is your only real option. If you win in court, that LEO, who now knows your travel route to and from work, may start watching for you. if you mess up in front of him, you're busted. Right back to square one.

    You lose in court, kiss $ 250 to $300 goodbye, and bend over and grab your ankles the next time you renew your insurance.

    If it was me , I would get my speedo checked, go to court, and wait to get called into the side room with the DA and the officer. At that point he may offer you a plea bargain where you plead guilty to a seatbelt or parking ticket or two which gives you no points, your insurance stays low, and you are only lighter in the pocket book. Either way if, your speedo is off, get it fixed and you won't have to worry about ti again. If you mind your Ps and Qs.

    just my own experience talking, YMMV. Good luck.
     
  18. Doc3402

    Doc3402 New Member

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    True and false. The radar units have the capability to lock in your speed, but it is not always automatic. Since the officer is not required to show you the readout in Florida, many do not lock the readout. This is not a storm trooper tactic. This is a safety concern. The officer and you are both safer if you remain in your car.

    That was a HUGE mistake. By saying that you warned the officer to make careful notes on the traffic stop, something he/she probably would not have done if you had kept quiet about your plans.

    That's possible, but not very likely since a visual determination of your speed has to be made first. It's also possible that you had a momentary lapse. Neither one really matters. By your own admission you were speeding. If this was a patrol officer I would say take the chance that he/she will be a no-show for court, but since it was a motor officer you can almost bet they will be there.

    Yup, and you are helping to pay him to do exactly what he did. The officer saw what appeared to be an unsafe driver and did exactly what the law allows. Personally, I find it hard to believe that an officer would write that ticket at that speed unless there was some outside force exerting influence on his decision. It could be something as extreme as an abundance of traffic crashes in the area, or something as simple as a bad attitude on your part, but something made the officer decide not to cut you a break. Pity.
     
  19. vincent

    vincent New Member

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    Mine is off on the slow side, says 55 and I'm actually doing 48ish (just an example). Haven't been pulled since '95, knock on synthetic partially hydrogenated laminated feaux wood...(my desk) :D
     
  20. MobileMarine

    MobileMarine New Member

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    Listen to someone who has close to 27 tickets in his career '' me '' .Anything other than polite , truthful and being straight up from get go but shy of asskissing is the way to go . Many of my best friends and some family are leos and most dont start writing until its 14 + over the limit but it varys with roads and conditions. That 27 i have has prob saved my life and most were the guys doing their jobs and they know me and knew who they were pulling due to pops being such a big whig and close friend to most they were only looking out for me for his sake . That number could be 2 what it is very easy if not for being straight up with them .
    The last big time i got popped was right bad . The tahoe would not pass inspection , hence no tag renewal , so i did a big no no and crudely afixed ficticious stickers on my plate . City boy rolled on me for no seat belt and when he walked up I told him everything he was going to find and gave him no B/S . He burned me pretty good but gave me only what he had to , to keep him from getting flak , i told him i understand , im the one breaking the law and he did not have to do what he did , It all got thrown out due to that pretty much .
    Leos are damned if they do and damned if they dont anyway you look at it .
    If im running 90mph and get popped , thats what i deserve and should expect no less . I dont know Florida laws but here in nc the spedo shop trick does not fly very often . What does work pretty good is telling them , yes i was speeding , i dont think i was speeding that much but an apple is a apple and i would be grateful of any compassion .
    Understand this , all leos and courts hear , all day , every day is lies and excuses and folks trying to wiggle out of trouble . When a person comes in and mans up to it and willing to take the full grunt for his actions , that goes further than any lawyer or any other action . It makes a damn good impression on the da and judge . I know , after 27 tickets I have no points and have only lawyered up 3 times on some racing and careless and reckless cases .
    I only lost my dl once due to poor grades back in 10th grade for a month
     
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