Help please!!!

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RobHakari
Posts: 215
Joined: Mon May 05, 2003 2:45 pm
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Ok..... sad story for me. Driving to a town where I must cross through wisconsin and back into michigan to get to. Me and some friends were going to see the Matrix. Just got done passing 3 huge semis in a passing lane and was going 70ish. that speed stayed for a little bit, and then i see a state trooper from wisconsin coming right at me. i knew i was toast. saw him slam on the brakes and pull the quickest 180 on a highway i've ever seen. before his lights were on, i was pulling over, took the key out and set it on dash, etc.

says he clocked me at 73, which to my knowledge i never went over 70(according to speedo). he asks about the texas plates and me being from michigan, replied that i'm in the process of buying the car from my uncle(a half-truth). and i tell him i have the registration if he wants it, he declines*. talks to me for a second... sounds kinda hesitant and then slowly says he'll give me a ticket for going 65(10 over) instead of 73. he tells me price difference of $170 and $138. i almost crapped my pants when he told me that much. my friend later informed me that he thought wisconsin has a quota that cops must fill and that was why he had to give me a ticket. argh! stupid quota.so... he told me to send a check or if i wanted to contest it to show up in court on the date on the ticket (June 3rd). So i have around 18 days to figure out what I'm gonna say/do to get out of this. Thats what I need help with.

First thing I need to know is what is the original tire size on '94 Q's. Because if they are different sizes now(or I could just say they are and go buy some new tires quickly or something), I can claim faulty equipment and say the speedo was giving me the wrong speed and i though i was going slower than i actually was. is that a pluasible cause?

Second... anything else that you guys can think of to help my defense? I'm gonna say I had to speed up to avoid being sandwiched inbetween 3 semis and that the cruise control just kept that speed after i had speed up(since that is somewhat true, and i did get pulled over not too far after the passing lane where i passed the semis). The cop also asked me if i had passed those semis, to which i had responded "yes, in the passing lane that is just back there". so i have that kinda going for me.

also... im gonna wear my nice suit and just try to get the judge to like me and be on my side and maybe he'll just let me go.... hopefully.... but yeah....

*scary little story... i took my owners manual into school oneday to check something out and I put it in my backpack to put it back in car. well... i had accidentally taken my backpack out before this trip. so i didnt have my owners manual, which contained..... my insurance card and registration. waht a smart move on my part. didnt know that until after the cop left though. strange he didnt ask for it.


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RobHakari
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forgot to mention the shakespearean tragedy part of the story.... i came home first to get the radar detector from my moms blazer... and she wasn't home(what foreshadowing, eh?). and then i saw a first cop aways off before i started to speed up once and therefore kept and less than legal speed.

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Q451990
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The OEM Tire size is 215/65-15. I don't think you'll be able to make a case that any size (at least that's close) would make that much of a difference, at least to get you from 70ish down to 8-10 over 55.

Are you a student? If so, many states/judges/cops will let you go to driving school and then drop the ticket. The real game here is keeping your insurance rate from going up. If you can get the charge reduced to something that doesn't have insurance implications, you'd be a lot better off. I once had a speeding ticket on I-26 reduced to "cutting corners" (like if you cut through a parking lot to avoid a stop light) - but it took a few hundred bucks placed in the right attorney's hand to pull that one off. Better a couple hundred dollars once to a lawyer than twice a year for two years at State Farm!

Heath

maxnix
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You're best bet, if you were on a straight road, is to state when you pulled out to pass, you didn't realize there were two more trucks in front of the third truck until you were alongside and had a clear view ahead. At that point, it was most prudent and reasonable to minimize your exposure to any upcoming opposing traffic. If there was a car behind, it probaly was not feasible to drop back and hope he left a space for you to drop back in behind the third truck. Assuming this or something very close to it is true, you then throw yourself on the mercy of the court.

If you were clocked a half mile in front of the trucks, or if the terrain was hilly or there were curves in the road, it won't work since you would have seen the other trucks in front of the one you started to pass.

Do your research and you may (with the help of an attorney who specializes in traffic law) find a flaw in the officer's procedure. You will need a motion for discovery to obtain the evidence for your examination from the officer.

There are sites devoted to fighting tickets. Email me if you can't find them.

Aus94Q45
Posts: 320
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The tire size ploy will get you no where. The judge will not spot you for your own equipment defect. Also, think about it, "Judge, I did not know I was going that fast, besides my speedometer did not read over 70!" First, how many times have they heard that story? Second, you are admitting that you knew you were at a speed well above 55. You will get little sympathy wasting a judge's time on this. Also, do not expect a judge to ease up on you just because you are dressed well and smile. They have a big docket and they have to listen to people all day telling stories of why they "did'nt do it". Fess up. Some times if you speed you just have to pay. Besides, I have tried all the above and they don't work!! In all seriousness, I would look into defensive driving and see if you can avoid the insurance premium bump that you are about to receive.

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Q45Viper
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1. Show up in court in your best suit, you always have a chance that the officer will not show and it will be dismissed.2. Don't challange anything the oficer says, you will not be believed. 3. Many states have something called probation before judgement which means you can plead guilty with an explanation, no points (which is what you want) and you pay the fine. don't try and plead not guilty and give some phoney story about tire size, you will get both the points and the fine and no reductions, simply say that you pulled out to pass could not get back in the right lane and thought that accelerating was the safest way to go, add that you are going to be more careful and wait for safer opportunity to pass, if you have a clean record with no other tickets the judge may let you off, it's your best strategy, check your options about the pleading guilty with an explanation or about attending traffic school by calling the court.

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Jeff Williams
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I don't knwo about up north, but in Alabama, showing up in court is a waste of time. If this is your first ticket, the judge may give you a Defensive driving course, and dismiss the ticket (one-time shot), or you might get the fine reduced.

The court dates are set, based on the cop's mandatory court appearance. If he does not show, it is because he is sick, dead, or under fire.

Shave off the goatee, and wear a nice suit, look innocent. :icesangel

Ask for the District Attourney, before court starts (call ahead, and talk to him/her on the phone), he/she is the one pleading your case to the judge, and he/she is the one that will advise the judge, on his/her decision.

Be ready to wait through 50 to 100 other cases, before yours. Bring cash, and be ready for an additional $50 to $100 in court fines.

Don't be suprised, if you get nothing, but a sore but, from waiting.:(

No cop I have ever met, will ever change his mind, once he has written the ticket. Your best bet, was to plead with the cop, at the scene.

I have had a an assistand DA throw out an out-of-state ticket in North Carolina, over the phone. I was REAL nice to her.

;)

j30t
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Joined: Wed Dec 25, 2002 6:51 am

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geez...i just took driving class to get my speeding of 32 over off my license so my insurance didnt go up...i had to pay the $330 ticket.

Jberger
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Hire a lawyer, perferrable one who works in the same courtroom often and knows the judge and PA. It will cost more in the short term , atty fees and court fees, but it's MUCH CHEAPER OVER TIME. Due to the lower points and insurance requirements.

I always take an atty and they usually get me down to driving school. It's a much cheaper option in the long term.

How do you find a good Atty? Easy, for traffic court, go sit and observe the traffic court you will be judged in, and see who has the best relationships and outcomes. Then appoach them after they are done and ask.

The last time I did it, the atty, even had me added to the docket that night and had the judge reduce the fine to driving school, sure it cost a few hundred bucks, but the driving record is CLEAN!

Need4Speed
Posts: 206
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Wow.....all this for a 10 over ticket. It looks like Rob is from Michigan and he got the ticket in Wisconsin. Probably not gonna get any breaks by being an out-of-state speeder IMHO. I think you'll just have to suck it up and pay.:( I'd just plead guilty w/ explanation (by mail)....and then hope the judge is feeling nice. This has worked a couple times for me. Will an out-of-state ticket show up on your insurance?...I'd check into that too.

Andy

greg_atlanta
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Going to court is a good experience, just be nice and don't say much. Judge has heard every excuse before.

The fun part is listening to all the other cases, esp. accident cases. Much better than Jerry Springer. You'll learn that if there is ANY doubt whatsoever about an accident the judge will just throw out the ticket and say "let you insurance companies deal with it." That's the kind of stuff that makes you change the way you drive.... realizing that just because other people make mistakes doesn't mean they're at fault.


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