speed trap

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#1
Ok so i was driving out to the track today and suppoivly there was some guy radaring at this bridge, ok. so i get pulled over the officer comes up to my window says im doing 85 im like umm i dont know about that it seems a little fast. I say can i see the radar read out, he says no some one was radaring from a bridge way back there. Im kinda confussed. so i give him my stuff he goes back to the car and writes me a ticket i ask again before i sign to see the radar he says no. Is there a chance to fight this? I really dont think i was going that fast also it could be possable that the guy with the radar radared some one else. I dont know what do you guys think??
 

Big Daddy

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#3
Both may have to show up for court in case of a trial but not at the stop, and no there is no requirement to show the offender the radar (at least not where I was involved with the legal system). Most states consider one officers probable cause another officers probable cause, meaning if one clocked you the other can write you the citation. If you do not feel you were going that fast than I would contest the ticket, however I am not fimilar with the legal system in Texas.
 

epj3

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#5
I'm pretty sure in PA the cop that got you with radar technically has to be the one to write you the ticket...either that or my friend's lawyer just used that as an argument. Knowing the legal system in texas you'll probably be up for lethal injection. Guilty until proven innocent.
 
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#6
epj3 said:
I'm pretty sure in PA the cop that got you with radar technically has to be the one to write you the ticket...either that or my friend's lawyer just used that as an argument. Knowing the legal system in texas you'll probably be up for lethal injection. Guilty until proven innocent.
Lethal Injection [thumb]
 

Big Daddy

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#9
The reasoning for the decision simply put is that how can a group of officers react or take action if they are all required to develop their own probable cause, therefore if an officer tells another that he has reason to stop/arrest or investigate a crime/infraction, as in an ATL, attempt to locate, BOLO, be on the look out, or even an Amber Alert how would you stop the suspect/offender if you had to do your own investigation and develop your own PC? (simply put as the laws/decisions governing this are many and complex!)
 

epj3

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#10
Big Daddy said:
The reasoning for the decision simply put is that how can a group of officers react or take action if they are all required to develop their own probable cause, therefore if an officer tells another that he has reason to stop/arrest or investigate a crime/infraction, as in an ATL, attempt to locate, BOLO, be on the look out, or even an Amber Alert how would you stop the suspect/offender if you had to do your own investigation and develop your own PC? (simply put as the laws/decisions governing this are many and complex!)
Well I was only talking about minor traffic violations...
 
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#11
alright so basicly i should take it to court. and try and delay it as long as possable, the guy who pulled me over didnt look older than 21..
 

Big Daddy

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#12
He may have been only 21, but he was not under 21! I disagree with the delay tatic, you might just aggrevate the prosecutor. In Washington if you have not had a citation in the last three years you can get a deferred judgement, pay a small fine and if you have no other citations in the next 12 months it is dismissed and nothing goes on your record. In Idaho you can plead to "Operating a motor vehicle contrary to law" and pay $60.00 and it is not a moving violation and carries no points! In a lot of states you can attend a safety or traffic school and have the citation dismissed. See if you have those options!
 
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#13
Big Daddy said:
Nope the Supreme Court has ruled that any officer can act on another officers Probable Cause.
I got to write a response brief with this as one issue. Very exciting stuff. And I'm not being sarcastic.
 
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#14
Nadroj:

1) Have you ever gotten a ticket before?

2) What was the speed limit? How much over the limit were you going?

3) Does Texas have PBJ [Probation before judgment] pleadings? (guilty w/ an explanation)

4) Did you show deference to the officer?



I would look into the point system of your jurisdiction and figure out how much of an increase it would be in your insurance and base your next step on that information.

Also, you can try the delay tactic, but court systems and (some) officers are 'taking' a stand against that abuse of the system and it may backfire on you.


Good luck.

Sean
 
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#15
selavia said:
Nadroj:

1) Have you ever gotten a ticket before?

2) What was the speed limit? How much over the limit were you going?

3) Does Texas have PBJ [Probation before judgment] pleadings? (guilty w/ an explanation)

4) Did you show deference to the officer?



I would look into the point system of your jurisdiction and figure out how much of an increase it would be in your insurance and base your next step on that information.

Also, you can try the delay tactic, but court systems and (some) officers are 'taking' a stand against that abuse of the system and it may backfire on you.


Good luck.

Sean
1 yes, none are on my record did drivers ed/ differd

2 speed limit was 60, he says i was going 85

3yes

4 what do you mean deference to the officer
 

epj3

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#16
nadroj said:
alright so basicly i should take it to court. and try and delay it as long as possable, the guy who pulled me over didnt look older than 21..
Well I know the younger cops around here are WAY stricter than the older cops.
 

epj3

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#17
nadroj said:
1 yes, none are on my record did drivers ed/ differd

2 speed limit was 60, he says i was going 85

3yes

4 what do you mean deference to the officer
85 in a 60 isn't bad. Just pay it and drive normally/watch for cops better for a year. I just got a 63 in a 35 (back road, way past a residential zone) but the cop lowered it to 60 in a 35 so it would be 1 point less and a smaller fine, though not by much.
 
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#19
Ok, few more questions:

1) How long ago was the other ticket?
2) Same type of violation?
3) How fast were you going in that instance?


Deference to the officer means, how respectful were you. Based on your rendition of what happened I get the impression that you may have been a tiny bit argumentative with the officer. That's something you have to keep in mind when deciding what to do from here.

Based on what you've said so far, I get the feeling you're in a tough spot. With a prior speeding ticket w/in the last 3/5 years (depending on how your jurisdiction judges it), and the car you drive, the judge may want to hold you under the full force of the law. But in any event, my suggestion would be to go to court and attempt to fight it. I do not think you would have much success arguing the actual speed, but it depends on the judge and his/her mood that day. I would go to court and, assuming you don't go before the judge first, examine how the judge reacts to the way people with similar violations plea.

If I had to make an assumption, and this is an obvious danger, (keep in mind I'm basing everything on MD rules) if you claimed PBJ and the officer can say you were respectful you should be able to get your points reduced. I know in MD that would be a 5 point violation and that equates to a $2-3k increase in insurance for a male in the 18-23 age group. So go to court and be honest and respectful and pray for a little bit of luck.

Dan is right, it really is unpredictable, you just have to judge the whole process as it happens and act accordingly. One thing I learned with dealing with traffic officers and traffic court is they respond VERY favorably if you are respectful, sincere, and apologetic.

Good luck man, and keep us posted.

Sean
 

epj3

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#20
selavia said:
Deference to the officer means, how respectful were you. Based on your rendition of what happened I get the impression that you may have been a tiny bit argumentative with the officer. That's something you have to keep in mind when deciding what to do from here.
Dude that's VERY good advice in fact the officer who pulled me over told me when I went in to get the fine reduced, mentioned that he normally doesn't do it but I more than cooperated with him. I might do more than they want but when I get pulled over and they ask for registration and stuff, I tell them it's in my glovebox before I reach over. I'm far from shady looking but I figure I can hopefully put them more at ease.
 


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