shmali 0 #1 October 8, 2004 So i got a lovely birthday surprise 2 weeks ago on my way home from the dz. Long story short I walked away with a speeding ticket for 79 in a 55, no fine just a court date. (one of those small counties in bfe that you always run into) Going over the ticket this evening i saw that the officer recorded that i was driving a red 2000 nissan pathfinder. But in reality i drive a red 2000 nissan xterra. So here is the question for anyone who has been in a similar situation or knows someone who has. Can i get the ticket thrown out for this discrepancy or am i being too hopeful and the judge is just going to laugh in my face. Pineappe Death Juice, If you have to ask you'd rather not know! Quote Share this post Link to post Share on other sites
f1shlips 2 #2 October 8, 2004 I'd be suprised if he looked at you at all, but you never know. I tried disputing 7 helmet violations once (bigger story at play) and after two years I had barely started. These things don't get resolved quickly if you contest, that is for sure.-- drop zone (drop'zone) n. An incestuous sesspool of broken people. -- Attributed to a whuffo girlfriend. Quote Share this post Link to post Share on other sites
Nightingale 0 #3 October 8, 2004 http://thelawcentre.ca/tickets.html http://moneycentral.msn.com/content/Insurance/Insureyourcar/P51288.asp Quote Share this post Link to post Share on other sites
gaskydiver 0 #4 October 8, 2004 Chances are if your tag number was recorded properly and that was you on that stretch of road and you were travelling at that speed, you're screwed. Used to police full time in Georgia and I heard judges say repeatedly to your exact argument, "you have been properly cited". Quote Share this post Link to post Share on other sites
CornishChris 5 #5 October 8, 2004 I would contest that if they can't get the tyupe of car correct how can the rest of the ticket be relied upon. Mind you my legal knowledge comes from watching Law & Order. CJP Gods don't kill people. People with Gods kill people Quote Share this post Link to post Share on other sites
MWGemini 0 #6 October 8, 2004 I got a ticket for 15 over on a highway way out in BFE, just like you. The cop wrote it low (I was actually about 20 over) so that I wouldn't have to appear in court. I called up a local lawyer and had her take care of it for me. About $150 plus the fine (another $150 or so) and it was reduced to a non moving violation and is not on my record. My advice is seek professional help, you stand a higher chance of beating it or getting it reduced further that way. Mike Quote Share this post Link to post Share on other sites
Evelyn 0 #7 October 8, 2004 My son always gets out of tickets. He says that the cops get paid to go to court but they don't like to fill out paperwork, so you request a form, you first have to pay the fine, then you fill out the form and since the cops don't like paperwork they dismiss it and send you back your money. It's worked for my son every time and when he coached his sister it worked for her. Since I personally have not gotten a ticket for the last 20 years I have no personal knowledge - I only drive a Vette cuz it looks cool, I don't ever speed. Life is either a daring adventure or nothing ~ Helen Keller Quote Share this post Link to post Share on other sites
bch7773 0 #8 October 8, 2004 hahaha you wish it was that easy. I once got a ticket that said i was guilty of going 47 in a 52 zone (it was actually supposed to say i was going 47-52 in a 35 zone) I tried contesting it, and they said "how about we call in the cop who wrote it and they can tell us how fast you were going?" so i pussied out (i was 16) and paid double to get it off my record so i wouldn't pay a shitload for insurance. MB 3528, RB 1182 Quote Share this post Link to post Share on other sites
Racenic 0 #9 October 8, 2004 First off read the back of your ticket to see if you can request "Trial by Written Declaration". This can be done in California, I'm not sure about other states. If in fact you can in your state then i suggest you visit the following web site http://www.ticketassassin.com/ and fight your ticket without ever stepping foot in court. I have done it this way for the past 5 years (2 tickets) and have told many friends about this, including Eli from The Flyboys (who claims to have beat 2 tickets) I urge everyone in California to save the web site http://www.ticketassassin.com/ in your favorites and use it the next time you get a ticket. Did you know that if an Aircraft targets you for speeding the Pilot must ID (in court) you as the driver of the car? The Pilot as well as the officer who wrote the ticket must appear in court. Nick D The key to Immortality is- first living a life worth remembering” Quote Share this post Link to post Share on other sites
jumperoo 0 #10 October 8, 2004 If you really were going 79 in a 55 mph zone, how about just admitting that you did wrong, paying the ticket, and slowing down in the future? I don't mean to be a total ass, but exceeding the speed limit by 24 mph is not safe - and if you really were going that fast, you probably deserve the ticket. Paying the fine, and earning points on your license, may encourage you to think twice about reckless driving. As for the error on the ticket, I know someone who got out of a ticket because the date was recorded incorrectly. I think it just depends on what judge you get that day. If you don't think you were really going 79, I suggest arguing that you were going slightly less fast, and asking for a reduction in the ticket. From what I hear, this works quite frequently, and it could mean less points on your license. Quote Share this post Link to post Share on other sites
f1shlips 2 #11 October 8, 2004 Quote If you really were going 79 in a 55 mph zone, how about just admitting that you did wrong, paying the ticket, and slowing down in the future? True, he should slow down, 24 over is very fast and could be exceedingly dangerous. But why was that road 55 mph? Is that area currently undergoing study for a speed limit change? QuotePaying the fine That's the part I have a problem with. There's a school of thought that believes fines tend to provide revenue to the state, its another form of taxation. I don't like the idea of the state depending on people to break the law, just so they can bring in more funds. By fighting the ticket you can make the expense of issuing the ticket greater than the amount of the fine. When I was in Nevada, I worked at home and I had the opportunity to go down to the legislature and testify before the traffic comittee (et al) everytime a interesting issue this came up. It was a worthwhile experience, but I accomplished little (well, I got a good education in government), and I believe that fighting through the courts is a better approach. Combining both techinques would be worthwhile, but unless you are independantly wealthy, I doubt anyone has the time.-- drop zone (drop'zone) n. An incestuous sesspool of broken people. -- Attributed to a whuffo girlfriend. Quote Share this post Link to post Share on other sites
freethefly 6 #12 October 8, 2004 Got a speeding ticket on my rigid Norton some years back. Cop wrote Harley Davidson on the ticket. Had my plate # and DL# so his mistake on make did not matter. Anyways call your lawyer and have it reduced to a non moving violation such as parking. On the advise of my attorney I will no longer be giving out legal advise as I am not a real attorney."...And once you're gone, you can't come back When you're out of the blue and into the black." Neil Young Quote Share this post Link to post Share on other sites
PalletMan 0 #13 October 8, 2004 QuoteIf you really were going 79 in a 55 mph zone, how about just admitting that you did wrong, paying the ticket, and slowing down in the future? That's probably what I would do. If I'm speeding like that, then I know it and the ticket is warranted. QuoteI don't mean to be a total ass, but exceeding the speed limit by 24 mph is not safe Bullshit. Quote - and if you really were going that fast, you probably deserve the ticket. If that was the speed limit and the speed driven, the ticket is warranted. QuotePaying the fine, and earning points on your license, may encourage you to think twice about reckless driving. Driving 79 in a 55 isn't always reckless driving. Black numbers on a white metal sign are static and in no way, shape, or form are capable of reflecting a safe maximum speed given current conditions. I know of roads around where I live that have 55 as the speed limit and in certain weather, traffic, time-of-day, etc. conditions, it is just fine to go 80. The signs are good because its simple to know what's legal and what's not. They're bad because they're not always reasonable. Speeding isn't necessarily dangerous. --ArtSky-div'ing (ski'div'ing) n. A modern sport that involves parties, bragging, sexual excesses, the imbibing of large quantities of beer, and, on rare occasions, parachuting from aircraft. Quote Share this post Link to post Share on other sites
cvfd1399 0 #14 October 8, 2004 Were you speeding? If yes pay the fine and stop being a dick. It was a mistake, but not enough to get you off the ticket. Your plate number, insurance and DL is all that is required Quote Share this post Link to post Share on other sites
kelpdiver 2 #15 October 8, 2004 Quote Going over the ticket this evening i saw that the officer recorded that i was driving a red 2000 nissan pathfinder. But in reality i drive a red 2000 nissan xterra. Given he got the color, the make, the year, and the plate right, I can't imagine the judge giving your argument the time of day. The color would be more of a flag in my mind if you want to question his observational ability. I think you can use the usual methods for contesting a valid speeding ticket if you like, but don't expect much. The rural counties get a decent chunk of money from speeding tickets on passing traffic and the system is set up around it. Dangerous or not on those roads, it's not like you're disputing the truth of the charge. Quote Share this post Link to post Share on other sites
Viking 0 #16 October 8, 2004 QuoteFirst off read the back of your ticket to see if you can request "Trial by Written Declaration". This can be done in California, I'm not sure about other states. If in fact you can in your state then i suggest you visit the following web site http://www.ticketassassin.com/ and fight your ticket without ever stepping foot in court. I have done it this way for the past 5 years (2 tickets) and have told many friends about this, including Eli from The Flyboys (who claims to have beat 2 tickets) I urge everyone in California to save the web site http://www.ticketassassin.com/ in your favorites and use it the next time you get a ticket. Did you know that if an Aircraft targets you for speeding the Pilot must ID (in court) you as the driver of the car? The Pilot as well as the officer who wrote the ticket must appear in court. God wish i had that website before i got a 54 in a 35 while i was driving into Yosemite. I probly could have gotten a warning. Now i'm gonna do the written not guilty plea. does anyone know if a speeding ticket given by a park ranger will jack up my insurance if i do just pay the $50 fine?I swear you must have footprints on the back of your helmet - chicagoskydiver My God has a bigger dick than your god -George Carlin Quote Share this post Link to post Share on other sites
BETO74 0 #17 October 8, 2004 Advice from my lawyer, go to court the radar gun has to be certified, the officer got to be certified to used the radargun, he's got to remember details about the incident, if is not a trooper who stop you, you got a pretty good chance of getting away with it. Is gonna cost you money go to court and everything but yoou wont get the points, that's what I'm more concern about, if not go to traffic school.http://web.mac.com/ac057a/iWeb/AC057A/H0M3.html Quote Share this post Link to post Share on other sites
davehartley 0 #18 October 8, 2004 As a Brit I would have to suggest that 25 mph above US speed limits would be a safe speed anyway. I got a ticket in Canada some years ago for doing 70 in a 50 zone. I nearly convinced the copper that I should get off, on the grounds that I assumed 50 was the minimum for a road of that quality.Better drowned than duffers. If not duffers, won't drown. Quote Share this post Link to post Share on other sites