Speeding ticket -contest or not?
Originally Posted by unpluggedk
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)
You mail it certified mail with RETURN RECEIPT.
on the receipt they note the date and time when it was delivered and signature of a person who accepted it.
That's more then enough.
As far as the deferral. Judge will ask you if you want it at the beginning of the hearing. If you say no then you cannot get it if you do contest your ticket and lose.
You either accept the deferral at the beginning or you don't get it.
Last edited by JOKER; Jul 30, 2008 at 03:49 PM.
Originally Posted by 350Zimo
I will let you know how it feels in court tomorrow. This is when i have my court date. I am no sweating it. Hopefully the judge is a human being
Originally Posted by JOKER
what's your argument?
). The "officer" never returned. Moreover, the ticket was filed after a month, they mailed it to me after 4 months. I was planning on leaving the country for 3 months. What if i had left?? Why do they not follow the set rules? I will find something to say. All of these will be my arguments. If i get the ticket i get it, big f-ing deal.
Registered User
Joined: Jan 2006
Posts: 670
Likes: 0
From: Georgia
Originally Posted by JOKER
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 ^^
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 ^^
Part 1
http://www.youtube.com/watch?v=i8z7NC5sgik
Part 2
http://www.youtube.com/watch?v=08fZQWjDVKE
Edit* Embed didn't work for some reason.
Last edited by ObiRedKenobi; Jul 30, 2008 at 05:50 PM.
Originally Posted by unpluggedk
^^ congrats~
was it smooth or did you have to go through a hassle at court
?
was it smooth or did you have to go through a hassle at court
?
Originally Posted by 350Zimo
the cop wrote that he paced me. Pacing has to be for more than a 1/4 mile. The street he pulled me over is less than that. I was coming from HWY99 made a left and got pulled over. There was not cop behind me at the stop light. He saw me and decided to pull me over. Secondly, he was not aware of the speedlimit. The cop left me and went to find out what the limit was. He thought that it was 25mph the entire time. It was 35mph. Finally, he never told me i was getting a ticket. He asked me to wait, as i did for 2hour(). The "officer" never returned. Moreover, the ticket was filed after a month, they mailed it to me after 4 months. I was planning on leaving the country for 3 months. What if i had left?? Why do they not follow the set rules? I will find something to say. All of these will be my arguments. If i get the ticket i get it, big f-ing deal.
). The "officer" never returned. Moreover, the ticket was filed after a month, they mailed it to me after 4 months. I was planning on leaving the country for 3 months. What if i had left?? Why do they not follow the set rules? I will find something to say. All of these will be my arguments. If i get the ticket i get it, big f-ing deal.I'm battling similar ticket right now.
Except I got it 2 years later rather then 2 months like you did.
and it came in a form of a License suspension notice.
And it's a Shoreline ticket as well.
Ticket was supposedly issued on November 1st 2006
It was filed with court by the Washington State Patrol officer on November 3rd 2006
Officer signed the ticket and supposedly gave me the copy of it, but somehow it magically has disappeared and erased the incident from my memory.
WSP does not have the Video recording of the traffic stop
I wonder WHY?And neither court or Prosecutors office has officers statement
I also wonder WHY?My only hope is that Washington State patrol headquarters over in Bellevue have the statement in archives. I submitted request for Public Records and hopefully I'll get something from them.
This fucking **** is pissing me off. I got to fight this fucking ticket now and try to avoid getting my license suspended just cuz of some dumb fucking cop.
Joined: Jul 2007
Posts: 16,493
Likes: 5
From: Indianapolis
Originally Posted by JOKER
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.
and NEVER say any of the following, you'd be asking for trouble...
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
Originally Posted by JOKER
I'm battling similar ticket right now.
Except I got it 2 years later rather then 2 months like you did.
and it came in a form of a License suspension notice.
And it's a Shoreline ticket as well.
Ticket was supposedly issued on November 1st 2006
It was filed with court by the Washington State Patrol officer on November 3rd 2006
Officer signed the ticket and supposedly gave me the copy of it, but somehow it magically has disappeared and erased the incident from my memory.
WSP does not have the Video recording of the traffic stop I wonder WHY?
And neither court or Prosecutors office has officers statement I also wonder WHY?
My only hope is that Washington State patrol headquarters over in Bellevue have the statement in archives. I submitted request for Public Records and hopefully I'll get something from them.
This fucking **** is pissing me off. I got to fight this fucking ticket now and try to avoid getting my license suspended just cuz of some dumb fucking cop.
Except I got it 2 years later rather then 2 months like you did.
and it came in a form of a License suspension notice.
And it's a Shoreline ticket as well.
Ticket was supposedly issued on November 1st 2006
It was filed with court by the Washington State Patrol officer on November 3rd 2006
Officer signed the ticket and supposedly gave me the copy of it, but somehow it magically has disappeared and erased the incident from my memory.
WSP does not have the Video recording of the traffic stop
I wonder WHY?And neither court or Prosecutors office has officers statement
I also wonder WHY?My only hope is that Washington State patrol headquarters over in Bellevue have the statement in archives. I submitted request for Public Records and hopefully I'll get something from them.
This fucking **** is pissing me off. I got to fight this fucking ticket now and try to avoid getting my license suspended just cuz of some dumb fucking cop.
Originally Posted by kutnupe14
trust me, this isn't universal... that "beep" comment had me rollin'
and NEVER say any of the following, you'd be asking for trouble...
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
and NEVER say any of the following, you'd be asking for trouble...
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
with a good lawyer you can blame officer for having a mustache and have your ticket dismissed.
I'm just telling you the things I experienced.
I'm pretty sure that you would not be able to get your ticket dismissed cuz of the "Beep" issue, BUT I DID!
If you got pulled over you already in trouble. What ever you do and say after that will determine if you get into more or less trouble. And not admitting to you guilt never got anyone into more trouble. You cant really contest your ticket if you admit on video that you did it. And you cant get your ticket dismissed unless you contest it.
So you do what you do
And I'm suggesting to do what I did.
And with a court record of 3 pages long I suggesting things only that have worked for me and I have do doubt will work for anyone else.
Originally Posted by 350Zimo
shhhhhhhhhhhhhhh, Shoreline is outrageous for issueing tickets. Good luck man, i really hope you get it dismissed. it is a heck of a frustration to deal with things like that. Did they throw you to a collection agency? they usually do it. They did this to my mother. She had a ticket in Federal way from a traffic light camera. She received a notice from some collection agency that they needed their money or they were going to begin screwing her credit. It was 5 years old ticket. She took it to court and everything was dismissed.
So I got to deal with this **** before that.
Court denied all my requests for the hearing, now the only thing I'm waiting for is for WSP to send me the officers statement.
