Interesting Speeding Ticket Update...

MrElussive · May 4, 2004

Hey,

For those of you who don't know, a couple months ago, I got a speeding ticket on the Henry Hudson Parkway. I was outraged by this ticket because I was accused by the cop of going 62 in a 35 zone. He stated he got me on laser and I basically proved him wrong right in front of his face but he just kept yelling and going crazy at me and stuff. And I never even passed by him...as I was approaching him, he just suddenly accelerated onto the highway from a full stop and cut me off and pulled around me. He changed his story from laser to estimating my speed (because I proved he was full of shit about the laser, since my radar didn't make a peep), but estimating my speed isn't possible either since it was night time, I was with a pack of cars, and the only way to look was through one of his mirrors...you can't estimate a car's speed by looking at your rear-view mirror!
Anyways, today my good friend (who was actually in the car with me when I got my ticket) got a ticket in the SAME place by the SAME cop! My friend said the cop was standing OUTSIDE of his car when he passed by the cop and his radar (V1, mind you!) didn't make a sound. Cop pulled him over and said he got my friend on laser and gave him a ticket. How do you get somebody on laser when you're not even in your cruiser where all the equipment is???
I'm just so f*cking happy right now that I was right and the cop was wrong and I wasn't really going 62mph (I was always open to that fact, but doubted it) and that the cop truly is a dipshit. So what should I do right now? I'm going to call my lawyer and tell him about my friend, but I know the lawyer is still going to take the same approach to resolving my ticket. I want this dipshit cop to go down.... [chair]

Thanks,
MrElussive

codex57 · May 4, 2004

Get transcripts from both cases, alert the media, complain to his commanding officer, and threaten a lawsuit.

first5ny · May 4, 2004

Was it a state trooper?

File a formal complaint with the commanding officer.

Regarding your friend's ticket, have him consult a lawyer. One interesting way I've gotten out of these situations is to request an adjournment or 2. That usually buys you 4-6 months. The officer may not show up at rescheduled trial dates. If the officer isn't there, the ticket should be dismissed entirely. That assumes the officer prosecutes the ticket. It usually works for me.

MrElussive · May 4, 2004

Yeah, I'm definitely going about taking care of the ticket the right way (got a lawyer, he's delaying the case, hopefully it will get dropped. If not, he will attack the cop in court the whole time). I'm just interested in stopping this fool from writing future bullshit speeding tickets because I enjoy calling people out. This cop is writing bad tickets and I wanna call him out BIG TIME.

frolf · May 4, 2004

nice Emile!!! what a strange world

wood_e · May 4, 2004

you go dude! stick it to him!

I can't say shit about my ticket... personally I think the guy was right in my case, but yours was total BS

tool fan · May 4, 2004

Wow.....I wonder if he could estimate the speed of a bullet coming at his head. I hate idiotic people with a badge....know whats worse? MP's (Military Police) I really dislike these 19 year old punks that power trip 'cause they carry a gun. The privates are the worst. Good Luck in court

Big Daddy · May 5, 2004

Lidar (laser) is usually operated from outside the car, it is totally portable. I am not saying the cop was right or wrong, but do not be fooled into believing he need be in the car to operate lidar.

aNoodle · May 5, 2004

There won't be a transcript out of traffic court...at least in most places, I would doubt it.

I won't resay what I said at the time, but I really think you should have gone before the judge and told him/her what was going on and pleaded for mercy. This hiring a lawyer and just postponing them to death doesn't let the judges know what's going on. Believe it or not, they actually keep an eye on complaints and excuses coming into the court. When they see a pattern, against a certain officer or practice, they know what's up. They deal with it each day. You should be saying all this in a court of law where something could be done about it. And I can't believe a lawyer's approach is to just pass the paper in exchange for your money.

first5ny · May 5, 2004

The judges don't care. My experience is that the judges are extremely friendly with and will hang out with the officers in the same room before the proceedings. I've been there and have seen what goes on. Don't be fooled to think that the town justices, who care more about the money generated from the tickets, will care much or do anything about this. More importantly, the officers know what to say in court if they have to and you will usually never win against an experienced officer who has been trained what to say in that situation.

Although this should not happen, you cannot change the system...even though it should be changed.

Anoodle, the attorneys job is to defend the client not the whole system. Although it is admirable to try and change the system, that approach will not likely benefit the client. Just the way it works.

longshanks · May 5, 2004

BIG daddy is right, laser is operated from outside the car by the cop. laser is a extemely narrow beam and it is possible that the lasar wasnt picked up by the detector. if the cop had no gn in his hand, then you are winnar.

bahnstormer · May 5, 2004

i got a ticket, and went in pleading not guilty...i resched the date hoping the cop wouldn't show. so i walk into court, and wait 3 hours b4 the prosecuter will see me, there he says if i admit guilt to reckelss drive its double the fine but no points. i ask where the accusing cop is...get this, he tells me if i still want to plead not guilt then they will sched another court date and have the cop come down then ... so i said yeah gimme the reckless fine.
they have a very good system there =] (woodbridge nj police)

aNoodle · May 5, 2004

first5ny said:

Well that's an interesting spin on what I was saying. Yeah I agree with you.

But if i honestly wasn't not speeding, and the officer used some questionable procedures, I would demand my day in court. This isn't exactly a captial offense. The judges almost always lower it to accomodate (or the prosecutor as bahnstormer points out). yeah they wear you down to the point where it's easier to just pay the stupid thing. But to pay the same amount to a lawyer to simply file continuences doesn't lower the cost to you at all. The only chance of paying less is to stand up in court and plead innoncence.

I don't think the client's interest would be harmed by the attorney bringing this before the court. So the trade off you suggest doesn't make sense to me here. How does he justify his fee? What a leach on society! It's a classic catch-22.

Big Daddy · May 5, 2004

aNoodle, good points. My experience is that most people could get the same results without an attorney as they do with. Why waste the money? It is also my experience that the judges are NOT in bed with the police, in fact most often it is the opposite. (however I have no East Coast Experience)

codex57 · May 5, 2004

Man, if you wanna violate traffic laws, you gotta go to Sacramento, CA. All of the regular judges there are like former public defenders and except for one (and thankfully, the one in charge cuz he also spent time with the DA's office), they all lean towards the defendant.

Luckily, they tape record all the proceedings there so we can get transcripts of the proceeding. Had to put the smack down on those idiots every now and then when they got too outrageous.

SilverBMW323i · May 5, 2004

Be careful if you visit Texas. The state troopers like to run speed traps where one officer will hide behind an overpass and clock you with laser and then radio ahead to other patrol units with your vehicle info.

As for fighting a ticket, once you commit to fighting it then go all the way. Demand a jury trial and plead your case to a jury of your peers! If nothing else, you at least get your moneys worth by consuming the officer's time, the judge, and a jury! Sometimes it can be more entertaining than going to the movies! Just don't go in thinking that you will will because you probably won't!

Big Daddy · May 5, 2004

Except that in most if not all states you cannot have a jury trial for an infraction (as in speeding). It is considered a civil offense and not a criminal offense. Further in reality you loose money when you go to trial, who do you think is paying the judge, officer and prosecutors wage? If your unjustly accused fight it. If you choose to do the crime, then pay the fine!

first5ny · May 5, 2004

Anodle,

You don't necessarily need a lawyer as long as you know how to negotiate a plea. Many times, if you are nice and cordial, the officer will help you in the negotiations. However, a lawyer can help if you don't have the experience. Yes you have to pay lawyer and it is not cheap. But...it may be $$ well spent to avoid points on the license and keep insurance premiums down.

Local judges where i live are very "friendly" with the cops. This is based on my experience. I also work with a local judge.

epj3 · May 5, 2004

I have this AWESOME way to get out of tickets -- not getting caught speeding in the first place.

Bmw 325i 7803 · May 5, 2004

MrElussive said:

Where exactly does this cop sit? (wouldn't wanna drive by him after a carwash...)

Interesting Speeding Ticket Update...

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