Speeding ticket -contest or not?
07-16-2008, 11:46 PM
#46
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you need to send a request for discovery.
Also you can request a continuance ONCE without providing a reason for it. It usually can be done by calling the court and/or faxing the request to them.
Also you can request a continuance ONCE without providing a reason for it. It usually can be done by calling the court and/or faxing the request to them.
07-16-2008, 11:48 PM
#47
Originally Posted by JOKER
you need to send a request for discovery.
Also you can request a continuance ONCE without providing a reason for it. It usually can be done by calling the court and/or faxing the request to them.
Also you can request a continuance ONCE without providing a reason for it. It usually can be done by calling the court and/or faxing the request to them.
07-16-2008, 11:55 PM
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Originally Posted by 350Zimo
and how do you send a request for discovery?
Originally Posted by JOKER
You got mail.
I sent you 3 documents (pdf)
1 you send to the court house
1 you send to the prosecutors office
and the third is the sample of hot to fill it out.
Here is what you do!
You have to request the discovery 14 days prior to the hearing. So you send both requests (one to court house and one to prosecutors office) via certified mail with return receipt.
That way you have the evidance that you did send it and they did received it.
Court and/or prosecutor have to respond back to you 7 days before the hearing. (Just one is enough. Both don't have to respond)
So if you don't get your discovery before the hearing or if you get it later then 7 days before it you can request for your case to be dismissed because state failed to comply and send you **** on time.
If you do get everything on time then you can look for other mistakes and holed you can grab on to and take this ticket for a ride.
I sent you 3 documents (pdf)
1 you send to the court house
1 you send to the prosecutors office
and the third is the sample of hot to fill it out.
Here is what you do!
You have to request the discovery 14 days prior to the hearing. So you send both requests (one to court house and one to prosecutors office) via certified mail with return receipt.
That way you have the evidance that you did send it and they did received it.
Court and/or prosecutor have to respond back to you 7 days before the hearing. (Just one is enough. Both don't have to respond)
So if you don't get your discovery before the hearing or if you get it later then 7 days before it you can request for your case to be dismissed because state failed to comply and send you **** on time.
If you do get everything on time then you can look for other mistakes and holed you can grab on to and take this ticket for a ride.
discovery is pretty much all the evidance that city has against you.
So you need to have all that in order to see what kind of case will be built against you and to help you to prepare better defense.
07-28-2008, 11:04 PM
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I really hope you get away with it man. Just be glad it wasn't over 100mph...you get arrested for that now...
Last edited by stevenkseward; 07-28-2008 at 11:14 PM.
07-29-2008, 10:19 AM
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How do we obtain the addresses of the prosecuter and the clerk?
I've contacted the clerk and they've said since it's only been a day or two since my ticket, it's not even in their system yet.
Should I reply contest, then send in the request after a week or so?
Thanks
I've contacted the clerk and they've said since it's only been a day or two since my ticket, it's not even in their system yet.
Should I reply contest, then send in the request after a week or so?
Thanks
07-29-2008, 02:25 PM
#56
Originally Posted by unpluggedk
How do we obtain the addresses of the prosecuter and the clerk?
I've contacted the clerk and they've said since it's only been a day or two since my ticket, it's not even in their system yet.
Should I reply contest, then send in the request after a week or so?
Thanks
I've contacted the clerk and they've said since it's only been a day or two since my ticket, it's not even in their system yet.
Should I reply contest, then send in the request after a week or so?
Thanks
With me is lil bit different, since the ticket was filed a month after it was written. They send me the letter after 4 months. This is my argument, plus other things the cop did not do correctly. You wanna see what you have against the cop before you contest it. If he radared you with 80mph at 60mph limit, i think you are pretty much screwed.
07-29-2008, 10:24 PM
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^^
Yes I have.
Thanks for the mail.
He got me going 70 at 60 zone, but I do suspect he caught the wrong car since he caught me when I changed a lane to pass a car AND I was never able to pass the car. So, there is a very slight chance that he might have targetted the wrong car. But then again, this is very weak argument.
I will wait and see if the cop processes the ticket within time, which I believe is 7 days or I could contest and win out pretty easy.
If he does file it in time, I might ask for various forms of documents, as I have heard that usually, preparing so many documents costs more and time consuming, they will give up.
At the end of the day, I am pretty sure I could ask for a deferral if nothing goes as planned.
It is worth a try IMO, as there is nothing much to lose other than some time of mine.
Let me know if I am not thinking correctly
Yes I have.
Thanks for the mail.
He got me going 70 at 60 zone, but I do suspect he caught the wrong car since he caught me when I changed a lane to pass a car AND I was never able to pass the car. So, there is a very slight chance that he might have targetted the wrong car. But then again, this is very weak argument.
I will wait and see if the cop processes the ticket within time, which I believe is 7 days or I could contest and win out pretty easy.
If he does file it in time, I might ask for various forms of documents, as I have heard that usually, preparing so many documents costs more and time consuming, they will give up.
At the end of the day, I am pretty sure I could ask for a deferral if nothing goes as planned.
It is worth a try IMO, as there is nothing much to lose other than some time of mine.
Let me know if I am not thinking correctly
07-29-2008, 10:30 PM
#58
Originally Posted by unpluggedk
^^
Yes I have.
Thanks for the mail.
He got me going 70 at 60 zone, but I do suspect he caught the wrong car since he caught me when I changed a lane to pass a car AND I was never able to pass the car. So, there is a very slight chance that he might have targetted the wrong car. But then again, this is very weak argument.
I will wait and see if the cop processes the ticket within time, which I believe is 7 days or I could contest and win out pretty easy.
If he does file it in time, I might ask for various forms of documents, as I have heard that usually, preparing so many documents costs more and time consuming, they will give up.
At the end of the day, I am pretty sure I could ask for a deferral if nothing goes as planned.
It is worth a try IMO, as there is nothing much to lose other than some time of mine.
Let me know if I am not thinking correctly
Yes I have.
Thanks for the mail.
He got me going 70 at 60 zone, but I do suspect he caught the wrong car since he caught me when I changed a lane to pass a car AND I was never able to pass the car. So, there is a very slight chance that he might have targetted the wrong car. But then again, this is very weak argument.
I will wait and see if the cop processes the ticket within time, which I believe is 7 days or I could contest and win out pretty easy.
If he does file it in time, I might ask for various forms of documents, as I have heard that usually, preparing so many documents costs more and time consuming, they will give up.
At the end of the day, I am pretty sure I could ask for a deferral if nothing goes as planned.
It is worth a try IMO, as there is nothing much to lose other than some time of mine.
Let me know if I am not thinking correctly
07-30-2008, 01:28 AM
#59
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Here is how it works!
You get pulled over.
All of your answers on officers questions should be:
No Idea
Don't know
Not sure
Don't remember
I was not paying att to the speedo I was looking at the road.
I'm pretty sure that I was going the speed limit. (I actually said that when cop pulled me over doing 120, that got him a little pissed off
)
DON'T KNOW
NOT SURE
DON'T REMEMBER
Never argue with a cop, Never come up with any kind of excuses what so ever. Either be quite or calmly and polite answer that ^^
When you get a ticket on the back side mark "Contested hearing" put in your info and send it out.
Then wait till you get a court date.
Now when you got a court notice back from court then you send a request for discovery.
You do not send it until you get the court date notice from court.
After you got the court date you can call the court and get their and prosecutors address from the clerk.
As it was mentioned before. Discovery must be received by court and prosecutors office no later then 14 days before the hearing. You need the evidance that you did send it and they did received it 14 days before the hearing. So always mail it CERTIFIED MAIL WITH RETURN RECEIPT
If you do not get the discovery back from either court or prosecutors office 7 days before the hearing you can go to court with your return receipt, show the judge that you did mailed it to BOTH court and prosecutors office and they DID get it 14 days before the hearing. Judge can dismiss your case.
Once you got the discovery then you study it and fight the ticket.
Key points that usually help you win the battle
1. Officer must always mention in his statement that device that he used to determine your speed was tested before and after the infraction was given
If officer fails to mention that you can argue that there are no evidance that device was working properly therefor it could have read your speed improperly. In this case you propose a motion to suppress officers statement.
2. Officer must always mention that he/she is trained and qualified to operate the device that was used to determine your speed
If officer fails to mention that he/she is trained and qualified to operate the device you can argue that officer used the device improperly and therefor got the wrong reading. In this case you propose a motion to suppress officers statement.
3. Officer must also mention that it was YOUR car that he/she took a reading of. (I once got a ticket doing 96 in 60 in Spokane area on I-90 and officer failed to mention that it was my car that he took the reading of. He said "I observed a vehicle.............Case was dismissed cuz he did not mention that he observed MY vehicle, he just said a vehicle)
4. Officer must mention that when he took a reading of your speed he heard a BEEP on his radar unit before the reading was displayed
it's not a very best argument but I had a ticket dismissed because of that.
If officer does not mention that he/she heard a BEEP before you speed was displayed on the radar unit that could mean that the reading that was displayed on the unit could have been from a previous time the radar was used. BEEP indicates that new reading is displayed on the radar.
Also.
Never go to court with a bag of excuses. All that judge wants to hear are facts that prove that you are either innocent or guilty.
And trust me. Cops always leave enough holes in their statements for you to play with.
One biggest mistake you can do is to admit to what cop will be accusing you when he pulls you over.
One of the first questions cops always ask you is: "Do you know why I pulled you over?"
We are going back to the beginning of my post and your answer is NOT SURE!
If you admit to anything during the traffic stop then no matter how many mistakes officer makes on his report you will not be able to win ****. If officer writes "I asked the ..........how fast he/she was going and he/she replied 120 mph" then even if officer don't mention that he/she was trained to use the the device your are FUCKED.
Hope that helps!
Any more questions are welcome.
unpluggedk You got mail.
You get pulled over.
All of your answers on officers questions should be:
No Idea
Don't know
Not sure
Don't remember
I was not paying att to the speedo I was looking at the road.
I'm pretty sure that I was going the speed limit. (I actually said that when cop pulled me over doing 120, that got him a little pissed off
)DON'T KNOW
NOT SURE
DON'T REMEMBER
Never argue with a cop, Never come up with any kind of excuses what so ever. Either be quite or calmly and polite answer that ^^
When you get a ticket on the back side mark "Contested hearing" put in your info and send it out.
Then wait till you get a court date.
Now when you got a court notice back from court then you send a request for discovery.
You do not send it until you get the court date notice from court.
After you got the court date you can call the court and get their and prosecutors address from the clerk.
As it was mentioned before. Discovery must be received by court and prosecutors office no later then 14 days before the hearing. You need the evidance that you did send it and they did received it 14 days before the hearing. So always mail it CERTIFIED MAIL WITH RETURN RECEIPT
If you do not get the discovery back from either court or prosecutors office 7 days before the hearing you can go to court with your return receipt, show the judge that you did mailed it to BOTH court and prosecutors office and they DID get it 14 days before the hearing. Judge can dismiss your case.
Once you got the discovery then you study it and fight the ticket.
Key points that usually help you win the battle
1. Officer must always mention in his statement that device that he used to determine your speed was tested before and after the infraction was given
If officer fails to mention that you can argue that there are no evidance that device was working properly therefor it could have read your speed improperly. In this case you propose a motion to suppress officers statement.
2. Officer must always mention that he/she is trained and qualified to operate the device that was used to determine your speed
If officer fails to mention that he/she is trained and qualified to operate the device you can argue that officer used the device improperly and therefor got the wrong reading. In this case you propose a motion to suppress officers statement.
3. Officer must also mention that it was YOUR car that he/she took a reading of. (I once got a ticket doing 96 in 60 in Spokane area on I-90 and officer failed to mention that it was my car that he took the reading of. He said "I observed a vehicle.............Case was dismissed cuz he did not mention that he observed MY vehicle, he just said a vehicle)
4. Officer must mention that when he took a reading of your speed he heard a BEEP on his radar unit before the reading was displayed
it's not a very best argument but I had a ticket dismissed because of that.
If officer does not mention that he/she heard a BEEP before you speed was displayed on the radar unit that could mean that the reading that was displayed on the unit could have been from a previous time the radar was used. BEEP indicates that new reading is displayed on the radar.
Also.
Never go to court with a bag of excuses. All that judge wants to hear are facts that prove that you are either innocent or guilty.
And trust me. Cops always leave enough holes in their statements for you to play with.
One biggest mistake you can do is to admit to what cop will be accusing you when he pulls you over.
One of the first questions cops always ask you is: "Do you know why I pulled you over?"
We are going back to the beginning of my post and your answer is NOT SURE!
If you admit to anything during the traffic stop then no matter how many mistakes officer makes on his report you will not be able to win ****. If officer writes "I asked the ..........how fast he/she was going and he/she replied 120 mph" then even if officer don't mention that he/she was trained to use the the device your are FUCKED.
Hope that helps!
Any more questions are welcome.
unpluggedk You got mail.
Last edited by JOKER; 07-30-2008 at 01:32 AM.
07-30-2008, 12:13 PM
#60
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Thanks,
I am glad I said "I dont know" when he asked why i got pulled over or how fast i was going.
Anyways, to get off is my wish but I do understand if the officer is well-trained or experienced, he could provide me with all the above and if he does, i will probably lose.
In that case, when would be the best time to ask for a deferral?
Last of all, I have heard that the certified mail is not good enough and it would be best to goto the clerk's office and get it timestamped.
I am not sure if this applies to the mail I would send to prosecutor.
Should I visit both prosecutor's office and clerk's office or
is certified mail be enough?
Thank a lot in advance, Joker and 350Zimo
(Sorry to jack a thread, but it seems like a similar issue and other people could benefit from it)
I am glad I said "I dont know" when he asked why i got pulled over or how fast i was going.
Anyways, to get off is my wish but I do understand if the officer is well-trained or experienced, he could provide me with all the above and if he does, i will probably lose.
In that case, when would be the best time to ask for a deferral?
Last of all, I have heard that the certified mail is not good enough and it would be best to goto the clerk's office and get it timestamped.
I am not sure if this applies to the mail I would send to prosecutor.
Should I visit both prosecutor's office and clerk's office or
is certified mail be enough?
Thank a lot in advance, Joker and 350Zimo
(Sorry to jack a thread, but it seems like a similar issue and other people could benefit from it)