I've been driving for 15 years and have never gotten a speeding ticket. I don't even think I was speeding when I got pulled over! Anyway, there was also an error on the ticket (the fine didn't match the speed overage listed). I don't think my defense can be "I really wasn't speeding!" so what are my options?
2006-06-19 06:57:18 · 11 answers · asked by JerseyGirl 2 in Politics & Government ➔ Law & Ethics
The officer didn't even look up my record. When he handed me the ticket he asked me if I had ever gotten a ticket in FL before and I said I had never gotten a ticket anywhere before. How do I find out about the callibration of the radar before going to court (I go in July). Thanks!!!!
2006-06-19 07:25:45 · update #1
The officer in FL has to be not only Post Certified to be an officer but also has to be certified and trained on the specific type of radar equipment they are using. ( radar or lazor)
Next I forget if it is annual or bi anunal but they are required to go to training to keep thier certification up ( something many forget, can't get into a class or they are late getting the class)
so every day there are some officers running radar where thier certifiction has become outdated.
Next the actual radar equipment has to be FCC licneced and tested, and every day upon the start of his use of this equipment he has to do a tunning fork test for calibration.
There is a log carried in the car with the radar unit where they enter the test results.
You can request this from discovery of evidnece though the court. But should be doing it with an attorney.
It will cost you more to beat it, than the fine, and one ticket on your record has little effect
2006-06-19 14:54:57 · answer #1 · answered by Anonymous · 0⤊ 0⤋
1. Plead not guilty.
2. Tell the judge that you really, really, weren't speeding.
3. Tell the judge that you contest the accuracy of the radar and ask if the radar was recently tuned.
4. Say "Your honor, I contest the calibration of the tuning forks" even if you don't know what that means.
5. Claim that the ticket is "facially invalid" because of the fine to violation mismatch error.
6. Pray.
2006-06-19 07:03:08 · answer #2 · answered by Ben 1 · 0⤊ 0⤋
Given your record, I would talk to the city attorney or county attorney who will be prosecuting your case (if it was a county deputy who pulled you over, you talk to the county attorney - if you were within town limits and were pulled over by a town/city cop, you talk to the city attorney). Talk to them BEFORE your court date. Explain calmly the situation and make sure they understand clearly that you have never had a ticket before in fifteen years. Ask them if they will agree to "continue for dismissal." What this means is that you plead guilty to the speeding charge, but the judge agrees that the ticket will not be prosecuted and will not be reported on your driving record if you go some timeframe (usually one year) without a "same or similar" offense.
They may call it something different in different states, but in Minnesota it's a continuance for dismissal.
Good luck!
2006-06-19 07:04:29 · answer #3 · answered by Vicki D 3 · 0⤊ 0⤋
First of all, the officer probably won't show up in court to argue against you, so just fighting the ticket in the first place might win it.
Second, argue what you said about the discrepancies in the ticket itself. The officer seems incompetent. He might not have known what the speed limit was in the place where he ticketed you.
Demonstrate all these things and hope the officer doesn't care to show up.
2006-06-19 07:01:22 · answer #4 · answered by bequalming 5 · 0⤊ 0⤋
The best way to fight a speeding ticket is to request that the judge ask to see the "calibration report" for the radar gun used to record your speed. It is my understanding that if you request this report, they HAVE to provide it to you. If the "calibration report" is not recent or up to date, then the charges can be dismissed...and...if the officer(s) already made a mistake on the ticket itself, then you already have a leg to stand on by asking for the "calibration report". Chances are the officer has not had his radar gun calibrated if he made a simple mistake on your ticket itself.
2006-06-19 07:06:16 · answer #5 · answered by 100% Chance of Pain 3 · 0⤊ 0⤋
If I stand correct, all information on the ticket must be correct and valid, mistakes or errors on it could cause the case to be throw out on technicalilty points.
2006-06-19 07:01:39 · answer #6 · answered by Cupcake 7 · 0⤊ 0⤋
With your record you should have been given a warning. Fight the ticket and show up in court. If the cop doesn't show up (they often don't) then you are clear.
2006-06-19 07:07:47 · answer #7 · answered by AlongthePemi 6 · 0⤊ 0⤋
If the cop has it clocked on his radr,there is nothing you can do.No days even if they have a monor mistake on the ticket...it can't get thrown out.The only way to beat it is if the officer doesn't show up to court.
2006-06-19 07:01:13 · answer #8 · answered by JoJo 2 · 0⤊ 1⤋
By all means fight the ticket. It is supposed to be accurate. Hey...you might win!
2006-06-19 07:38:01 · answer #9 · answered by martybop 3 · 0⤊ 0⤋
if the officer doesn't show up for court they will throw it out. other then that i have no ideas.
2006-06-19 07:01:21 · answer #10 · answered by cindy loo 6 · 0⤊ 0⤋