So here's the story..

I was minding my business going to a friends house when I see a blue mustang cobra pull up to my right. (I was in the left lane.. my first mistake).

He revved a few times, then slammed the gas at green. I'm not into street racing anymore due to some prior situations, so I minded my business. After about 1/4 mile he realized I won't bite, so he layed off. He was in the middle lane doing about 70-75mph. I was in the left lane doing about 60-65mph. He was about 1 car length infront of me crusing at that speed.

Next thing I know, I see 2 cop cars pulled over on the left median, so I slow down, but the cop gets in the left lane and waves me over to the shoulder. I pull over, as I see the blue mustang drive away.. The officer approaches me and asked if I knew the speed limit, I had said "Yes, it's 55.." .. he then asked if I knew my speed, I said "I believe I was doing about 60-65mph".. then he showed me the radar saying it was 71mph. I then proceded to tell him that it had to be the mustang, since I have a digital speedometer and knew I wasn't speeding, but he insisted on the ticket. Since I didn't have my front plate, he said he'd cut me a break on that, but I still getting slammed with the ticket.

So now I'm here with a ticket for 71mph in a 55mph zone, which I didn't even do. I admit I was speeding, but a maximum of 65mph, if that! I have no proof of the blue mustang, since it's not like I got a picture of him. The officer has it the 71mph on radar, BUT, he was around 1000ft from me (even says on the ticket), so is it possible I can plead innocence and explain this story, and possibly get off the hook?

I mean, I had self control, I made the right decision, and yet, I got slammed only because I was in the left lane, and the cop was waving people over, vs getting in the car and pulling them over.

What should I do?

 

I was thinking about re-schedule the court date in hope that the officer won't show. I know now the VA officers have a date on which they show for all their tickets, but I'm hoping if I can go to court maybe 2-3 days after my date, he won't show due to being on duty.. and then pleading innocent. Without him there, he won't be able to prove me wrong... as the first move.. and even if he is there, just explaining this entire situation. I'm just worried about getting slammed by the insurance.

Any help would be great...

 

wow that really stinks...I would definitly take it to court and pleade your case. if not just to keep if off your record which could kick your pocket book's butt if not too careful. Also you can always look into some legal counsel for advise. I know they have lawyers that do nothing but this type of work, not sure on costs but that's up to you to persue that. Who know's the cop may never show up, but regardless don't just roll over and play dead.

 

Ask for deferred adjudication. Basically, its an agreement that if you dont get a ticket for X amount of time (varies by city) your ticket is dropped. If you do get a ticket, you have to pay both tickets (and sometimes an extra fine). Sometimes they make you take a defensive driving class.

In Denton Texas you just have to not get a ticket for 3 months and its automatically dropped. Dont even have to go back to the court or take defensive driving. You usually do have to pay a court fee though. But its always less than the ticket fee, and usually the offense is purged from your driving record so your insurance doesnt go up.

Usually you can do deferred once per year. In Texas, we can do defensive driving to purge a first offense, and then deferred for a second offense, totalling 2 "free" tickets per year.

 

I'd try to reschedule the court date too. Anything you can do to
cause an adjustment can help. Maybe he wont show.

You did admit you were speeding so you are guilty in that respect. You may be able to get the judge to reduce the speed.

I got tagged going through Virginia once. 81 MPH. the cop
said it was considered reckless driving at that speed. He was nice
and lowered the speed to 63 in a 55. I think anything over 10mph the limit is reckless in VA.

But it's gonna be tough to get out of this. Maybe if you have a
lawyer you might have a chance.

Good Luck!

 

Thanks guys. Has anyone tried this deferred adjudication option in Virginia? Sounds interesting. I haven't got a moving violation in 2 years, so I'm guessing maybe they'll do that, if we even have this option in VA?

PS - 20mph+ over in VA is reckless in VA..

 

I forgot to mention, on the ticket, it states he got me at roughly 1000 ft away. Thats almost 1/5 mile away. Can a radar detector be that accurate at 1000 ft? Even if it can, this would also support my theory that he hit a different car, but pulled me over thinking it was me speeding.. right?

 

Radar is that accurate that far away. I have tried you got the wrong car thing and it worked BUT he asked me how fast I was going, and I said about 7 over, so the judge gave me 7 over. Still got the ticket. VA sucks. You can go to driving school to get it dropped, when was last time u got ticket. IF this is your first they will drop it. BEST thing in Va is THIS. IMPROPER Equipment@!!! Get you speedometer calibrated. If it is off most Judges give you a ticket for improper equipment. You BOTH win, he gets his ticket $$$ and you dont get any points since it is not a moving violation. Of course there is a chance this wont work but it has for me in the past. If you think your speedometer is right on you can get BIGGER (I think it is bigger not smaller)wheels thus putting the speedometer recording going slower. This cost money but cheaper than insurance rates.

 

Dude, first thing you need to do is go to the city and get the Engineering Report for that road.

You need to find out if have an easy out right from that. Most of the time you do.

Study it and see if you can work a case from it.

Just don't pay it and don't go to court and waste everyone's time with "but it must have been the stang....I know I wasn't going that fast.....I have a digital speedo".
They could care less. It's all about the facts. And your best weapon of facts is that report.

Remember they have to PROVE your speed was a danger. A cop can't just flash a radar report and say "you're speeding". It's all about condition of the road and what was around you at the time. Even going 70mph in a 35mph.

You never should have told the officer what speed you were going. That could screw you right there if he brings that up in court. Still, get the engineering report and see what your outs are, if any.

 

Huh??

The only thing a cop needs to prove is that you were driving faster than the posted limit. In the eyes of the law, the established speed limit for that particular stretch of road automatically assumes that exceeding that limit poses a danger. Yeah, I know, it's not necessarily true. But if you go into court and say "yes, I was speeding, but I wasn't driving in an unsafe manner" you are still going to get convicted.

Give me a break. Are you saying that if you go to court on a 100mph in a 15mph charge, and the cop you cross-examine can produce a radar report but can't prove that your speed was dangerous, you'll be acquitted? Unlikely.

 

That's not true. Most speeding tickets are violations of "Basic Speed Law". Which from state to state is usually the same. I am speaking from experience here in California.

Basic Speed Law has NOTHING to do with the posted speed. The posted speed is merely the cities posted suggetion...to deeply simplify the matter.

Allot of time cities will post a lower speed than the 85 percentile rule listed in the Engineering Report. Which constitues a Speed Trap and the ticket can be tossed imstantly. It's the law, plain and simple.

And if they do post it below, they must also list reasons WHY it's posted that low. If ANY of the reasons were not present at that time. You have grounds for dismissal. If ANY of the items listed were present but fully AWARE to the driver...you have grounds for dismissal

And no, you can't go 100mph. You'd know longer be breaking "Basic Speed Law". Youd be charged with a felony. At least here in CA. Anything 100mph and over is an instant felony.

Also, these Laws are for city streets only. Not highways or freeways. If you're caught out there...you be hosed.

It's all about the law. Don't assume you know it. Go do the research and give yourself the best chance to get off.

When fighting a Basic Speed Law violation you are not fighting the speed you were going. No matter how insane. You are fighting that your speed was dangerous and unsafe.

I know it sounds dirty, but if you can show that certain preconditions of that law were not present or were misrepresented, you have grounds to get off. Even going 67mph in a 35mph. It has nothing to do with what the cop or judge thinks about it. They have to follow what the law says. Especially the judge.

Courts count on that 90% of drivers don't fight their tickets. That they just go to traffic court or pay. The rest that do show up in court are usually not prepared and are uninformed. Spend an afternoon in traffic court on your day off. It's hilarious what people say to try and get out of a ticket. Idiots.

P.S. And yes, never admit guilt. I didn't say you could go in to court and say "yes I was speeding" and you could get off.

 

Even if you get a ticket for only 5-10 miles over, its gonna cost less than 16 mph over, cause you pay per mile over the speed limit. Also, if you plead innocent you still have to front the full fine in hopes of getting it cleared and then you will get a refund.

One word of advice, those radars are rarely accurate and the cop has to show records of when the radar gun was adjusted, etc... Also, do not plead your case in front of a temp judge because those judges cannot hear the facts because it is not their bench. The easiest way out is to plead no contest with extenuating circumstances. Tell the judge the cop must have aimed the radar at the car next to you and "IF you were speeding, it couldnt have been no more than 5 miles over the limit" If the judge still says NO GO, then ask for leniency because of financial hardship.. They will most likely offer you community service but there is a way out of that as well. Anyway, good luck and fight the ticket all theway.

 

One other quick note for all those who mentioned to change the date in hopes the cop doesnt show up -- Here in California, the officers are now being paid overtime to show up in court so they have extra incentive to show up no matter how many times you delay the ticket. My logic is, the more you delay, the more they get pissed off and specifically remember the facts of your case. So take the first court date and take your chances.

 

sorry to hear dude. Fight it all the way through

 

"He was in the middle lane doing about 70-75mph. I was in the left lane doing about 60-65mph. He was about 1 car length infront of me crusing at that speed."


How do you explain that???

So he's like doing 15mph faster than you and "crusing" 1 car length in front of you.

I think when someone is travelling 15mph faster than you it's called "pulling away" and not "crusing" at that speed.

I suggust that you figure out another story before you take this "BOGUS" ticket to court......

Just my 2 cents......

 

get a good traffic attorney, you should be off the hook on that one. Easy. Attorneys aren't free though.

 

that cobra would eat our cars lunch ..