Boston350Z

I was driving home the other night and saw a cop pulled over to the side of the highway in clear view, parked in the same direction as the traffic. I slowed down abruptly and when my car passed the state trooper, I was going 55 MPH. I had my radar detector on (Escort Solo cordless) and it didn't go off. I continued cautiously at 55 MPH and looked in my rear view mirror and noticed that he eventually pulled out on the highway about 1/2 mile behind me. I could tell that he was driving slow because I could see a row of headlights from the cars slowing down behind him when I was driving around a bend in the highway. I drove another 2 miles until I couldn't see him in my rear view mirror and assumed that he had pulled off and sped up to around 65 MPH and my radar went off almost immediatlely and I slowed back down to 55 MPH. He came flying behind me and issued me a ticket for 75 MPH. He asked for my license and registration and went back to his cruiser and then came back, gave me a ticket and took off. He really didn't give me a chance to talk and didn't even ask me to sign the ticket.

I shouldn't have sped up but nonetheless, I was only at 65 MPH for seconds and I was surrounded by 2-3 other cars going about the same speed. How did he know I was the one speeding when I couldn't even see him in my rear view mirror? Why did he say I was going 75 MPH?

Anyone fight a ticket before? I've haven't received a speeding ticket in 15 years and now my insurance rates are about to go up. I'm contemplating whether I should go and contest this ticket and there are a lot of misconceptions out there about winning in court.

Please advise

nitrousoxidex

iTrader: (4)

I would try to fight it as hard as I can. If you try to fight it, theres a chance that u might pull free, its better than not trying. You should especially fight this because they accused you of somethin you didn't do. Maybe at the court, you should ask for some proof of YOU goin 75 instead of others probably goin 75 next to you.

RacerX68

If you haven't had a ticket in 15 years, why not just take defensive driving? Then your insurance will go down instead of up.

Infern0

iTrader: (1)

So you never signed the ticket? If you never signed the ticket, you don't even have to appear in court....because all that signature on the ticket is saying is that you will appear on the date he wrote on there.

2nd....that's pretty crazy because I just got my second ticket in the Z 2 days ago and it happened the exact same way. Only when he came flying up on my **** and pulled me over, and I asked him how fast he clocked me at (cause I noticed my radar detector didn't go off) and he said between 70 and 80, and that he paced me....so he wrote the ticket for 75 in a 50.

all_bark

iTrader: (5)

you will probably get a court requirement letter in the mail

go to it and plead not guilty. when your court date arrives go to it. If cop no shows you, you win, if he does show explain your case as well as the fact that he never even asked you to sign the ticket.

if you do not show in court they could possible issue a warrant for failure to appear.

good luck.

oscarmayer00

I agree if you didn't sign the ticket you don't even have to appear in court. The cop made a mistake. The signature is just proof that it was you that got the ticket, no signature no ticket.

Infern0

iTrader: (1)

I have a question about the not guilty plea....that's saying you want a trial by jury right? So do they schedule that for another day or is it right then? Also, if the ticket issuing cop doesn't show, you win?

dchengmd

Wrong.

The only time you need to sign the ticket is if the offense you're accused of REQUIRES you to be in court. If it's a simple speeding offense that can be rectified by mailing in a check to pay the fine, a signature is not required.

"No signature no ticket"? Give me a break.

oscarmayer00

Depends on the state, in California CHP will ask you to sign the citation. The officer will ask you to look over the ciation and sign it. This signature, as the officer will explain to you, is not an admission of guilt but an acknowledgement of actually receiving the citation.

http://www.beatmyspeedingticket.com/no_ticket.html


Myth 5: The officer MUST (take my license/get my signature)...

Again, not usually true... Many states even allow moving "violations" like speeding to be let go "ROR" Or, Released On Recognizance. Others do still need the "violator" to post a bail, usually a license. However, you do have the option to "post bond". You have the right to pay the bond rather than offer your license as collateral. Most police officers HATE this!!! Why... well, to issue a license bond, the officer hands you a ticket. (Which you will get any ways) The ticket is a "receipt" for your license (and a box on the ticket is checked) and your license is your bond. BUT... if you post a monetary bond, he must go to the station house with you and fill out additional paperwork. Wasting time that he could use to issue yet more tickets. (And most cops HATE paperwork) So, if you have the time (and cash) and wish to really make the officer mad... ask to pay the bond... (some officers will even issue a warning and "lose" the ticket rather than file more paperwork)...
But keep in mind, the officer might refuse to do so. He CAN NOT legally do so... BUT he has the gun... don't push him... getting shot over a speeding ticket isn't real bright... (Some States are changing their laws regarding the posting of bail for "moving violations", be sure to check with your State's law)
In fact, many States now allow for a signature which is an oath to appear. Refusing to sign could be grounds for an arrest, but again, this means paperwork. And police officer HATE paperwork. Read the line where you are asked to sign VERY carefully. Sometimes it is an oath which states your promise to appear. But, on some ticket forms, it is a guilty plea. If in doubt, ask the officer to repeat what the line says. If you are still in doubt, sign under protest. Sign it and put the words (under protest) next to it. It won't mean a thing if the signature is just an oath to appear. But, if the officer is dishonest and the signature is a guilty plea, you can state you were forced to sign.
Further, you might not even NEED to sign a ticket. The signature is just a written "oath" that you promise to appear for your date in court. Sign or not... if you don't show up... you'll be in trouble. So again, police officers, hating paperwork, don't like the hassle of getting your signature... it wastes two minutes of time they could be using to help the mayor finance his new car... wait... I mean... to make the roads "safer"... yeah... that's it... safety... sure...

Myth 7: If the ticket isn't filled out correctly, I will be found Not guilty

Trick answer!!! Actually, to some degree this is true. Many courts will "overlook" such errors as vehicle color, if such differences could be arguable. For example, if your ticket describes a tan color and it is really yellow, this might be allowed, especially if the ticket was written at night. But, if the ticket was written for Chevy Corvette and your vehicle is a Camaro, you should be able to have the ticket dismissed. Other errors that are good to argue against are:
The registration is incorrect (your plates are from Illinois and it shows Missouri)
The time or date is significantly incorrect (have a way to prove you were elsewhere)
The statute is incorrect (a common error)
A method of detection isn't marked [sometimes.... not always] (the officer claims to have used radar and no box is checked)
Your complete name is incorrect. [not just a misspelling... the entire name is wrong] (after all, he had your driver's license, didn't he?)
If some writing has been scratched out and it appears to have due to previous writing (for example, if the area where your license plates is listed has something scratched out and it appears to have been a different set of plates listed... it could be used to show the ticket was meant for someone else)
Many things in this area can be VERY arbitrary. Often, it depends entirely on how the judge feels THAT day. If there is an empty courtroom, the judge might feel like "killing time" and going forward with the case. This is ALWAYS a dangerous time to face a trial since there is no crowd to witness the events. However, if there is a "full load", the judge might very well dismiss a ticket for even a trivial mistake to avoid having to spend a good "golf day" in court.
A really good guideline to follow is the one that the judge SHOULD follow... Does this error in some way create a doubt as to the crime committed or to the identity of the person?
If a reasonable person would look at this ticket and be able to say, "This ticket might be issued to the wrong person", it probably is dismissible. Same holds true if a reasonable person would say, "I believe there is a difference in failure to yield right of way and failure to obey a traffic signal. As these are different laws, with different penalties and different meanings, I think they aren't the same".

An Arizona traffic ticket serves as both a complaint and summons to the recipient. The ticket will have the offense the law enforcement official states you committed, your personal information, your vehicle registration, and a place, date, and time for you to appear in court. Signing a traffic ticket is not an admission of guilt or responsibility. It simply acknowledges that the officer gave you the ticket. You may still contest the ticket in court at the given time and day.

Nezian

the best way to fight a traffic ticket is to ask for the calibration log for the item used to determine your speed. My cousin is a cop and he said they rarely keep up with the calibrations for the radar, and i can garuntee that they never calibrate their speedometers. Ask for them to provide that at the hearing, more than likely you'll be able to get off for that.

Nathan

Boston350Z

First of all, I think it is now a myth that if the cop doesn't show, you don't get a ticket. I think the courts now always have a local police representative during every trial.

I appreciate all of the advice. I wiil attend the court hearing and find out and let you guys know. I lost the game of cat and mouse with this state trooper. Hopefully, I can talk myself out of it.

Brdgwtr

That crap is so uncalled for by the cops. Three weeks ago I was going up the North Dallas Tollway (PPW Roadster) Top down, minding my own business, just enjoying the evening. I passed the state trooper going 60 in a 60. He pulls out behind me and I'm thinking to myself, "Huh, I wonder who he's gonna get?" Bastard pulls me over and gives me a ticket for 80 in a 60. Now I know that I deserve to get a lot more tickets than I have, but this was beyond belief. I asked to see the radar and he told me I would get a chance to prove my innocence in court. Yeah right. I'm going to fight it just on principle, and then I'm going to file a complaint with DPS. These guys go through a few months of training, handed a badge and a gun, and then they go out and abuse the priveledge of the position they're given. Sad

03 Z for ME

www.ticketkiller.com

Nezian

I believe they argue along similar lines to what i posted about calibration logs.

Nathan

35ounces

iTrader: (5)

I fought one in Dedham MA recently and got off because the cop did not show. I was innocent but they didn't let me even present my case. When they let me off the judge told me to slow down in the future and of course I told him "I wasn't speeding your honor." I really was innocent in this case.

However, I also fought a ticket for going through a red light (it was yellow but ok I should have stopped). (Not as bad as it sounds since I could see in all directions etc.) I was guilty as hell.
I fought it anyhow and the cop did show up. They let me off after I presented a sound and reasonable case.

Definitely go to court and contest it. Chances are good that you'll get off or at least have it reduced.
Good luck with it.

Now, are you coming to the Cape Cod meet this weekend ????

Vlad

You don't talk about ticket with cop. Unless you are about to give birth to your baby on the way to a hospital or helping duying person on your way to a hospital again... you don't talk about ticket with cop. Everything you say WILL be used against you in case you go to court to contest your ticket...

Always contest your ticket. If it's your first ticket in 15 years it's even more reason to contest it. Mainly you say you saw cop parked so you proceed carefully, and than he came from nowhere measured speed of cars in another line and gave you a ticket when you were driving slow and carefully. Main points of defence 1) Radar beam expands at 20 to 30deg angle, so usually it covers all lines of the road and cop HAVE NO IDEA what is he measuring. If there is more than one car on the road it'll *most probably* pickup biggest (not closest) and if they all the same size than it's totally random.
2) You saw a cop and made sure you driving at legal speed. You don't remember/didn't notice what speed you had before you saw the cop parked.

If budget allows, I'd take a traffic lawer for this case. Otherwise go to National Motorists Assosiation website and read whatever is available there for free.

Vlad

Be sure that cop WILL EASILY LIE about circumstances of the case. I saw it more than once... Be prepared to stand by your story and have something to proove your story. Like probably picture of the road at that hour on usual day (with heavy traffic of course). So if you are serious about that ticket and it's first in 15 years, you better have a traffic lawer. One of the ways find a good traffic lawer is to visit the court and see what lawers have more than one cases and look confident.

Vlad

Why do you think ticket have to be signed? Here in Michigan they just give it to you, and than you send it to court with your choise of "guilty", "not guilty", "guilty with explanation".
Guilty with explanation option is the same as "guilty" , but in addition you wasting your time by trying to explain something to people who are not interested

Vlad

Cop is the ONLY witness of prosecution. If he's not in court, they don't have the case... Jury trial is not allowed for traffic tickets in Michigan.

Vlad

Tried that. The speedometer in one of my cases was calibrated (4!) years ago, on brand new than car. Goes fine with the judge...