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So, I got a speeding ticket. Can ya help me get out if it?

Discussion in 'Off Topic [BG]' started by Ty McNeely, Dec 9, 2003.


  1. Ty McNeely

    Ty McNeely

    Mar 27, 2000
    TX
    Ok, here's the deal.

    I went to Edmond (town about an hour and a half from my hometown) tonight (monday) to see a friend of mine. I stayed up there until about 1:30 and then I started the drive back home.

    Now, the majority of this drive is nothing but long, straight, flat roads that are relatively empty after about midnight. There was a particular spot that was VERY empty--I was the only car for about 2 miles (except the Highway Patrolman in the median...). Anyways, I got bored on one of the excessive straightaways. Keep in mind here that there were no cars anywhere around, so I don't want to hear the tripe about "endangering others" with my speeding.

    The moral of the story---

    I was speeding. What the officer clocked me at, however, was impossible. My truck is governed to 95 mph, and I was showing exactly 90--the fellow wrote me for 98 in a 70. The tires are the original sized tires that came on the truck, so there is no way that incorrect tire size can cause that much of a difference.

    Anyways, now onto the rest...

    The fine is $273. That's not my worry. The possibility of 3 points going onto my driving record for my FIRST OFFENSE is my worry. The officer said that the possibility of anything over 20 mph getting dropped or even reduced is slim to none.

    I've already checked the ticket for mistakes--the only mistake he made is that he didn't put the endorsement for my corrective lenses on the ticket.

    What in the world can I do (besides a defensive driving class, which I will probably take) to keep these points from getting onto my record?
     
  2. So dont speed in the first place.

    Merls
     
  3. Joe Turski

    Joe Turski

    Jul 29, 2003
    Connecticut
    m
    Go to court and fight it! If you can get them to drop the charges completely, you should be able to have them at least cut the cost in half.

    My brother-in-law get more tickets than anyone I have ever seen. He fights every ticket, and never pays a dime. I don't know how he does it?

    Don't listen to what the cop told you, fight it anyway!

    Good luck! :)
     
  4. Bruce Lindfield

    Bruce Lindfield Unprofessional TalkBass Contributor Gold Supporting Member

    If it is indeed impossible - you could argue this at court and it might well put some doubt into the case and they might let you off, as it is a first offence?

    I don't know anything about the US system - but this seems like your only possible argument?
     
  5. In Holland speed measurements are corrected. So if you do 90 they will fine you for doing 85, because they take into account your cars speedometer errors and their own also I think.

    If this is also the case with you (you should check), then you can ask for them to drop the charges. Because then they would have to measure a speed, for instance 103, correct it, which then leads to 98. But the initial measurement is far more than your truck can achieve.
    Conclusion, the measurement was wrong, so they must drop the case.
    I think this would hold up in court.
     
  6. pyrohr

    pyrohr

    Aug 28, 2001
    Pakistani compound
    I feel your pain! I was stopped and givin a speeding ticket a year ago. I was driving down the parkway and at one point I was speeding a bit but so was everyone else. I went past construction on the road (large scale repavement) and drove for two exits when the patrolmen pulled me over. He told me dont worry go to court and fight it! When I got home I noticed he lied on the ticket and said he pulled me over at the exit directly after the construction, Mind you traffic was 2 miles an hour for a mile through the construction! Then he puts on the ticket 80+ miles an hour! talk about b.s. how was it possible to go 80+ miles an hour before and through a construction site that ran a mile! When I told the judge about the wrong exit on the ticket and the on going constrution he asked the cop if any construction was present, of corse he said no. the judge said guity and not only charged me with 80+ miles an hour but it cost me 6 points on my license. What ever you do GET A LAWYER and then that's still not a promise that you will win. Good Luck!
     
  7. secretdonkey

    secretdonkey

    Oct 9, 2002
    Austin, TX
    This was in Texas? I see you go to Baylor but don't know where 'home' is for you, nor do I recognize the town's name you mention. Texas doesn't have a 'point' system so I'm guessing it's elsewhere.

    In Texas, you could ask the judge for deferred adjudication, which would give you a much-lightened penalty as long as you don't get any new tickets over the next year or so. I've never gone this route, but I haven't much exceeded my once-a-year speeding ticket quota that can be dismissed through defensive driving, either. Hell, in much of Texas, all you have to do is 'know somebody who knows somebody.' Usually it's a cute young woman whom officer Bubba has taken a fancy to. For the record, I've never gotten a ticket dismissed this way, but I've known many a female who could drive as fast as she damn well pleased - at least in a given jurisdiction, and could 'break off a piece' for others if she felt inclined. We like our corruption nice and petty, y'all (tips hat).

    You'll always find someone who knows how to work the system in your area. Find that person and ask them.
     
  8. Ty McNeely

    Ty McNeely

    Mar 27, 2000
    TX
    I know its not absolutely IMPOSSIBLE for my truck to go that fast because of errors in the speedometer--but the fact that it is GOVERNED to 95 and I was never going top speed seems kind of shady to me.

    I know I shouldn't have been speeding, so those remarks will do no one any good. I never drive that fast, but I was bored on a completely empty road.


    Anyways, the only thing I'm concerned about telling the court that my truck is governed to 95 is the fact that I'm basically admitting I've driven that fast BEFORE--I have to have a way to test it. I have indeed driven that fast before--to the hospital where my mom was.

    I'm going to call the courthouse today and try to speak with a judge about it. I also have a friend who is an officer in the town that I live in so I'm going to see what he says about it.

    Thanks all. Any other ideas?
     
  9. secretdonkey

    secretdonkey

    Oct 9, 2002
    Austin, TX
    Well, I certainly wouldn't try to make *any* kind of case based on those three little MPH in question. You are going to need to play a sympathy card, not a 'technicality' card...

    :)
     
  10. Ty McNeely

    Ty McNeely

    Mar 27, 2000
    TX

    My thoughts exactly.

    "I've been driving for nearly 3 years now and I have a totally clean record and I'm a college student who can't pay the increased insurance if this goes on my record...."

    Yeah--here's the update:

    I talked to the woman in charge of speeding court at the courthouse. She said that if I went before a judge, I would most likely end up paying an extra 20 bucks and getting nowhere. She said that with that much of a deviance in speed, the judge really wouldn't care what the circumstances were unless it was an emergency. She told me that the best plan of action for me would be to send a copy of my driving record (which is clean) in with a money order for $273 to pay the fine and a short letter explaining to the DA why I was speeding. She also said that she would lobby in my defense because I was "a very nice, polite, respectful young man" and she didn't want to see 3 points go onto my record and haunt me for the rest of my life. I am a bit leery of trusting all of this to a woman I have met on the phone, but she also gave me some VERY useful advice. She said that I COULD hire an attorney and she would almost guarantee that it would deferred and NOT go onto my record, but I can't afford to hire an attorney and I'm trying my BEST to take care of this without my parents ever finding out.
     
  11. cheezewiz

    cheezewiz

    Mar 27, 2002
    Ohio
    Your speedometer and "governor" are probably highly inaccurate. The radar gun is highly accurate. You're busted. Pay it. Live and learn.
     
  12. Ty McNeely

    Ty McNeely

    Mar 27, 2000
    TX

    LMAO.

    That has to be one of the most widely accepted misconceptions I've ever heard. Any cop will tell you that a radar gun is HIGHLY fallible. They are given a 2 mph deviance by the books, and thats not counting any other possibilities for messing up the gun.


    Secondly, speedometers and governors are just only equally as fallible as a radar gun--speedometers are required to be accurate, so if they're not I can sue Ford and make them pay my ticket.
     
  13. Thor

    Thor Moderator Staff Member Gold Supporting Member

    Officer Cheezwiz on Donut Patrol.

    He has spoken the word. Go forth and
    sin no more.

    Probably seen more than his share of ugly
    crashes, so he doesn't have a lot of sympathy.

    Can you handle a blow out at 60 or 70?
    How about 95? Feeling lucky? Feeling like it could be survivable? Feeling like Dale Earnhardt?

    Slow down.

    FYI here in RI, like Texas, there is a clean record law. If you are less than 20 over, and have a clean record for 3 years, they will dismiss the ticket. The law in not widely publicized. The legislature passed it and kept it quiet [ for their own use, apparently ].

    I utilized it once in the last 10 years.
    I drive fast. I just don't get crazy.
     
  14. bassmonkeee

    bassmonkeee Supporting Member

    Sep 13, 2000
    Decatur, GA
    You sure to seem to have the law figured out for a 19 year old.

    The faster you are going, the less accurate your speedometer will be. And, how exactly are you so sure your governor isn't off by 3-5 mph? I think I'm more likely to trust a radar gun on the deserted road where there was nothing else to give a false signal.

    And, since you admit to going 90 (are you sure it wasn't 91?), you readily admit to going at least 20 mph over the speed limit, so I don't really see why you should get a break.

    Personally, I think you should pay the fine, and get the points taken off your license. Oh, and I hate to break it to you--the nice woman on the phone won't be talking to anyone on your behalf. She was just being nice because it's easier to get you off the phone that way for the next in a long line of "I know I'm guilty, but I shouldn't be punished like everyone else" stories she hears on a daily basis.


    Look on the bright side--This won't haunt you for the rest of your life (you know, like killing someone by speeding down a road you just know is deserted when there is actually a stalled car, or someone changing a tire, etc)-- Points aren't permanent. Your best bet is to take a safe driver course, or defensive driver course--these will sometimes take points back off.



    But, face it--"I only meant to steal $40, and not $60" is not an adequate defense.
     
  15. Flee the country.

    That's the only way to get out of it.
     
  16. Mud Flaps

    Mud Flaps

    Feb 3, 2003
    Norton, MA
    There's a way to get out of points from speeding tickets. But there's two catches: one, you still have to pay the fine (even more in this case), two, it only works in New Jersey.

    Here's how:

    1. Take the ticket from the officer without arising any suspescion.
    2. Do not commit any additional traffic offenses until you are completed with all of the steps (even parking tickets)
    3. If at all possible, do not change your mailing address, insurance carrier, or renew your driver's licence.
    4. Verify the date for when the check is due.
    5. Send in a check for at least $10 more than what is asked for on the ticket.
    6. You will recieve a check in the next few days for the difference of what you paid and what the actual fine was. DO NOT CASH OR DEPOSIT THIS CHECK
    7. Try to wait a week before doing the actions in step 2, 3, and 4.
      [/list=1]

      As long as you never cash that check, the New Jersey DMV will never notify your insurance carrier or local DMV that you have recieved points on your license.
     
  17. Brendan

    Brendan

    Jun 18, 2000
    Austin, TX
    My bro got a ticket... $153, and would have gotten I believe 2 points of his license, but he took an online driving class, and got the points put back, so he only had to pay the ticket, not the higher insurance.
     
  18. Pacman

    Pacman Layin' Down Time Staff Member Gold Supporting Member

    Apr 1, 2000
    Omaha, Nebraska
    Endorsing Artist: Roscoe Guitars, DR Strings, Aguilar Amplification
    Laughing my a$$ off!

    "Hey, Ford - I was going 98 in my truck, and my speedometer said I was only going 90! You should pay my ticket!"

    HAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHHAAHAHAHAHAHAHAHAHAHAHAHAHAHA!!!!!!!!!!!!!!!!!!!
     
  19. Ty McNeely

    Ty McNeely

    Mar 27, 2000
    TX
    Well, Mr. Monkee, that could be because my brother has been a police officer for the past 5 years and I take a rather keen interest in law enforcement myself. Do I know everything? No way. I do know quite a bit though.

    This I know. However, vehicle makers are required to have a (I believe) +-3 mph deviance at the maxium speed of the vehicle. So, given that information, it IS physically possible that I was going 98, but not when my speedometer said ~90.

    Fine with me that you don't see why I should. I'm not even sure that *I* think I SHOULD get a break. I'm just going to do my darndest to convince the DA that I do. The fact that this is my first offense is also a factor I would think, plus the fact that I was driving a basically deserted piece of interstate road at 2:00 a.m. would also factor in to the equation.

    I have no problem paying the fine. That is the least of my worries. I just don't want the points to haunt me for the next 7 years.

    I believe I'm going to take my chances with the "nice woman on the phone." She didn't seem in any rush to get off the phone with me either--we talked for over 15 minutes about my options and what I should do. I never said I shouldn't be punished either--I'm just doing my best to avoid the points.

    You act like the "deserted road" was a backroad in the middle of nowhere. Quite the contrary, actually--it is a newly resurfaced 4 lane interstate highway.

    The points are permanent enough that I won't be able to afford my insurance after all of this is said and done if I get those points put on there. Did I think about the consequences of getting a ticket for 90+ mph? No--I was going that fast for less than 5 miles out of the entire trip. It was a freak occurence that the cop just HAPPENED to be sitting where he was.