I was speeding on a highway (going 60 in 50 zone) and was pulled over. The first thing the cop told me was I was going 81 and slowed down to 75. This was completely untrue. I mentioned this to him and suggested that maybe my speedometer was off but I couldn't have been going that fast. He went into his car and I went into mine after which he came back to me and said he's only going to write me as going 65. I said ok, took the report and left. Later when I had time to look at the report I saw that he wrote my comment as "substantially saying that I went maybe 65" and his accusation is that I went 65. Now, because he "wrote down" my violation as 65 he looks great in the report and I clearly look like a violator. However, in reality he "wrote down" my tocket in order so he doesn't look ridiculus (as it seems to me in my assesment). Additionally, I never recall saying that I went 65, only that my speedometer may have been off.
Any advice how to handle the situation
2006-12-19 14:26:10 · 10 answers · asked by spetter 1 in Politics & Government ➔ Law Enforcement & Police
So far all the comments are great and i appreciate them. Some details that I couldn't post on the original question are that I had 2 othr passengers in the car at the time of the incident. They also heard the officers first remarks regarding my giong 81 and slowing down to 75. Additionally, when I got out of my car he questioned me regarding my age, where I was going, the names of the other passengers etc.
Does this information better help my situation?
Thanks for your input
2006-12-20 09:41:18 · update #1
Send the ticket back marked "not guilty" and appear on the date stated on the ticket. Speak to the Town/City Prosecutor and explain the situation as you see it. Chances are good it will be reduced. Aim for a "Non-moving violation." No points - Town gets to keep ALL your fine money. It's worth it to pay a whopper of a fine than to get the points on your license.
DO NOT DISRESPECT THE COP - HE'S PROBABLY THE PROSECUTOR'S BROTHER-IN-LAW!!
2006-12-19 14:37:12 · answer #1 · answered by 34th B.G. - USAAF 7 · 2⤊ 2⤋
Officers often write a ticket for less than they clock you.
alot has to do with the violation amount, normally over 15 mph over the speed limit is more points and a higher fine, so by making it 15 MPH over, they require you to pay less fine and get less points. This is very, very common for officers, who could write the ticket for much higher, but they can't write their reports to say they clocked you at 80 and wrote the ticket for 65, they have to say you were going 65.
You can see if the judge will let you take a traffic course and then dismiss the ticket for a "fee" this is done, I did this myself last month. That way there is no ticket on your record at all, since it was dismissed, now you have to pay a court fee and the traffic school cost but it saves you alot of money in the long run on higher insurnace costs.
you can also see if the court allows you to plead nolo ( if that means no points are put on your record, and pay the fine)
Or you could go and plead not guilty and hope the officer does not show up, and if the officer does not show up, ask for the case to be dismissed.
Of since the ticket price between 60 and 65 is not that much difference ( if it is even any different) just pay it and be done with it.
2006-12-19 14:33:25 · answer #2 · answered by Anonymous · 3⤊ 0⤋
Sprout's Mom makes a lot of sense.... here's more
When it comes right down to it, in most cases, the Judge will take the Police Officer's word over yours. Going 65 in a 50 is not that bad in New York (State I presume). We all have a tendency to go a bit faster than we think we are going. Did he clock you on RADAR to get 81 MPH ? If so, give it up. That equipment is very carefully calibrated, and usually tested prior to each shift.
As you have explained the scenario, it seems he is doing you a bit of a favor by knocking you down to 65 from 81.
My son was clocked at 91 in a 55 mile zone (N.J.) and the Judge was able to change the offense from SPEEDING to UNLAWFUL OPERATION OF A MOTOR VEHICLE. Under NJ M.V. law, the latter carries a higher fine, but with no points attached, while a speeding rap will follow you for at least 3 years and cause your insurance to spike due to the surcharges. My son would have lost his license otherwise.
When you go to court, speak with the Prosecutor and see what your options are. I'm sure they will work with you. Just remember to keep your emotions in check, and you'll be ok.
2006-12-19 15:26:01 · answer #3 · answered by Len_NJ 3 · 1⤊ 0⤋
Really from an insurance standpoint, there is no difference from speeding 10 or 15 mph over the limit. From a fine standpoint, in might be fifteen or twenty dollars. The question for you is: Is it worth your time and effort to go to court to challange what this police officer wrote in his/her official report to possibly gain of twenty dollars?
You may very well be right, but you were still speeding, your insurance rates will be the same with a 15-over violation as a 10-over violation, and you can only save yourself maybe twenty dollars (depending on the fine schedule) in fines. I don't think it is worth it to go to court, pay the fine and be done with it.
2006-12-19 18:01:41 · answer #4 · answered by msi_cord 7 · 0⤊ 0⤋
Definitely go to court on this one! How did he clock you? Radar or Laser? Did he just guess your speed, waiting for you to admit to a certain speed? Either way, the ticket seems to contradict what he told you. If you do go to court, find out if he had a video camera mounted in his cruiser. If he does, you can call for the tape of your traffic stop to be admitted into evidence. That way, if there is some contradicting testimony, the judge (or jury) may have doubts as to the officer's credibility and professionalism, hence.........not guilty! However, a video camera will work in an officer's favor every time if he is ethical and professional, so be sure as to what you testify to, and don't lie in court! Hope this helps.
2006-12-19 16:37:20 · answer #5 · answered by Anonymous · 0⤊ 1⤋
You have two options... mail in the fine, no other costs, OR... plead not guilty, go to traffic court along with 50 other people on the same night, try to tell the non listening judge your side of it, and then pay the fine, plus court costs, plus the cost of the officer's time for showing up because you pled not guilty. In other words, twice as much money.
Live in NY, been in traffic court twice for me, twice for my driving kids, same story every time, it was a total waste of time and more money in the long run. Give it up.
2006-12-19 15:17:51 · answer #6 · answered by Anonymous · 1⤊ 0⤋
All you will be able to do is go to traffic court and tell your side of the story. If you do so honestly, without accusing the cop of lying, you might get it reduced.
But you were going 10 over, which is going to cost you a lot as it is. But if you tell it honestly without laying blame or accusing anyone of lying, and admit that you were speeding, then the court might find in your favor and reduce the ticket. But it will be a crap shoot.
2006-12-19 14:32:28 · answer #7 · answered by volleyballchick (cowards block) 7 · 2⤊ 0⤋
speeding is speeding he didnt have to clock you at all, lets say you passed a semi truck on a 2 lane road and the semi was doing the speedlimit he could charge you with speeding.
If this is your first ticket just pay the fine and slow down next time.
Your insurance will not go up unless its your second ticket in a 12 month period.
Just goto court and dont do the waiver like they have here in ohio, just pled no contest and get it over with.
Make sure you bring a copy of your insurance with your name on it.
2006-12-19 16:58:42 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Go to court and talk to the judge
2006-12-19 14:30:37 · answer #9 · answered by Anonymous · 1⤊ 0⤋
find out if the traffic stop was recorded. in my city we have video and audio in our vehicles to record....use the freedom of information act !!!!!
2006-12-19 15:38:32 · answer #10 · answered by james r 1 · 0⤊ 0⤋