Saturday evening I was heading up to the high school for a "talent show" type event. I get up to the road adjacent to the front parking lot. This punk in a truck decides to roll through the stop sign even though I'm mid way through my right turn and decides to ride my bumper... I got angry and accelerated, but I didn't exceed the 30 mph speed posted... Well, as I pull into the parking lot (which I might add is full and cars surround the entire lot), this cop decides to give me a ticket. He cites me for unsafe speed (too fast for conditions). He didn't list the speed at which I was going or the method used to find my speed. And, he was behind a whole row of cars, view blocked, and he sure as hell didn't shoot radar or my radar detector would have went off. I think he made the assumption that because my exhaust is loud as hell and it sounded as though I was speeding, I must have been speeding. He didnt sign the ticket or list the speed. Would I have any success in the court?
2007-02-04
14:12:31
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13 answers
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asked by
Anonymous
in
Politics & Government
➔ Law Enforcement & Police
I forgot to add that he also changed what he said before when I was pulled over, he told my dad over the phone that I spun my wheels. I know my 04 Mustang GT well, and with the throttle lag it has right now, there's no way in hell that I could've spun my wheels.
I couldn't fit this in my first post, but I also got ticketed for operating an unregistered motor vehicle. I got my bone stock mustang about 2-3 weeks ago, and the dealer has told me that I'd receive my plates in the mail. The plates haven't come in yet, and I've still got the temporary paper license you get with new vehicles. The cop then mentioned that I was responsible for making sure I have the plates, which is complete bullshit, because it is under u.s. law that the dealer must ensure the license plate is sent and the temporary plate is correct.
Total ticket price, $377. First time I've ever gotten a ticket.
2007-02-04
14:18:59 ·
update #1
To go along with everything else I've written, I'd like to note that the street was empty, with the exception of the guy behind me who was on my bumper. The school function had started and I was about 10 minutes late.
2007-02-04
14:26:10 ·
update #2
An unsafe speed ticket is not a speeding ticket. You were going too fast for the conditions that existed at that time. What you have to prove in court is that your speed was not too fast for the conditions. It will be your opinion (that of a young, inexperienced driver) against the cops opinion (that of a trained, experienced official). Your chances aren't that great.
As to the Unregistered Vehicle ticket. . ., Was the temporary tag expired? In my state, the dealer sends the paperwork on the car to the County Treasurer. The owner then goes there, pays the fees, and picks up his plates. I've never heard of the dealer buying the plate and mailing it to the new owner.
The officer's failure to sign your ticket is an administrative error and will not void the ticket. The judge will simply have him sign it in court.
As I read your post I got the impression that you were angry and fustrated when you wrote it. You can certainly argue your points with the traffic court judge. However, if you use the tone of your post in that court you will come across as a petulant punk and the judge will nail you. When you state your case, be CALM and RESONABLE. No shouting, no statements about the officer (that means you don't call him a liar unless you have overwhelming proof). If the judge finds you guilty, do not fly off the handle. Accept the judgement and thank the judge for the opportunity to present your case. Your attitude will have a lot to do with what your fine will be. The judge can nail you or he can impose a lesser fine, or even suspend it.
Good luck.
2007-02-04 16:11:24
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answer #1
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answered by Anonymous
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I just got hit with "unsafe speed" pointing his laser aided speed gun at me at 90 degree angle (that matters). I'm fighting it. I've got 30 yrs in law enforcement /security field.
Insurance Industry gives monetary support and gives city a other police agencies, speed guns, and other devises. Also asks them to write tickets. Thru computers the industry can monitor if officers are writing enough tickets, they call police administration to tattle on officers who are verbally warnings. Simply put, it's city revenue, when it comes down to it, the officer has a choice, write a ticket, or get in trouble.
2015-02-20 04:49:19
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answer #2
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answered by cpomike13 1
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It's worth a try, but the speed limit is irrelevant. Even if you were doing less than the posted limit, if there were lots of cars and people moving about, you must slow down. It's the same for bad weather. If there is six inches of snow on the highway, you can get a ticket for going 65.
Just remember, the cop is going to have his own story to tell.
2007-02-04 14:22:14
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answer #3
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answered by normobrian 6
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In California there are 3 kinds of criminal offenses: criminal, Misdemeanor and Infraction. An infraction is an exceedingly minor offense that ninety 9.9% of the time is dealt with by a citation (value ticket). The others are many times bookable offenses, nevertheless some misdemeanors could be issued citations to boot. the different component of it rather is an infraction sentence incorporates no penal complex time (and no probability of penal complex time IIRC) while a misdemeanor could be as much as one 365 days in County penal complex and a criminal is punishable by time in penitentiary. SLEEPY - don't be attentive to the place you get your documents from, even nevertheless that's waaaaay off base for California regulation/technique. the only time i'm attentive to that an Officer definitely "takes" your license is once you're arrested for DUI or in case you nonetheless have it while that's suspended/revoked or expired. we don't take licenses for 25 MPH over or the different infraction. And the courts will practically in no way droop the license for a familiar time violator doing 25 over the two. additionally, in California, in case you do not sign the value ticket you're the two arrested and booked or taken promptly before a Justice of the Peace. there is not any, "i don't opt to sign it" decision somewhat. Signing a citation in California is in basic terms acknowledging which you have been suggested, you're actually not admitting guilt and you're promising to look on the courtroom indexed and on the date and time indexed.
2016-09-28 10:39:49
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answer #4
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answered by gloyd 3
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Depending on your state, there is a time limit in which you have to have your license plate on your vehicle. In Ga., it's 30 days from date of purchase, but insurance has to be on it prior to it being driven. Check for your state's time limit. If you were still within that time limit on the date you received your ticket, then you were legal and the citation will end up being dismissed. Make sure you have your bill of sale with you when you go to court.
Now, as for you being the one responsible for making sure you have the plates on your car in the right time limit, the officer is correct. The car dealerships do not give a rat's (you know what) about getting you the tags on time. As long as they have your money flowing in, that's all they care about. Again, depending on your state, the dealership's normally send you the paperwork for you to go to the tag office to get your tag. Dealerships normally are not the ones who send the tag to you.
As for your too fast for conditions, it's pretty much like Normobria said. And you pretty much said it yourself about the parking lot being full of cars and people, that is your "conditions". The officer does not have to clock you (Radar, Lidar, or pace) for that citation. You can check your DMV website for the point value on that citation. In Ga., you do not receive any points on your license so it won't raise your insurance or get you suspended.
Even though he did not sign your copy of the ticket, I'm sure he signed the copy of his that gets turned in to the court system. That is the one that counts.
Like I said, if you were within your state laws for the license plate, then fight that one in court. As for your too fast for conditions, you might want to reread what you have written, especially the line that starts with "This punk" and the following one with "Well". You've pretty much already admitted guilt with those two sentences.
Good luck!
2007-02-04 15:42:25
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answer #5
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answered by bluelights 3
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Get used to it. It is a sad fact that the police are crooked. I'm 54 and have been a law abiding citizen (mostly) all my life and have never gotten any help from a cop, only grief. If you fight it the cop will have it out for you and the judge won't believe you. This is why so many people who are not criminals hate cops.
Sorry you had to learn the hard way.
2007-02-04 14:47:23
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answer #6
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answered by Anonymous
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the other posts to your question are lame it blames the officer for doing his job. while you maybe just a guy who pulled in to fast to a school function with a loud exhaust. the officer is there to make sure the kids and parents (tax payers) are safe. i understand that you may not have been trying to be reckless to the people around you the officer may have seen this differently. but to answer one part of you question the fact that the officer did not sign your ticket should help you in court. good luck
2007-02-04 15:05:04
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answer #7
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answered by EL MAGNIFICO 2
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unsafe speed for road conditions. ok let me put the ticket in simple terms. It is not a speeding ticket.
Take for instance you are driving in snow. you hit an ice patch. And, do not laugh your doing 1 MPH and get into an accident. You just got yourself a ticket for unsafe speed for road conditions. Again, it is not a speeding ticket.
So just get a lawyer and is beatable in court.
Just will have to pay court cost and lawyer fee.
2007-02-04 14:42:46
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answer #8
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answered by Noctiluae 2
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Contest it in court, if you think you really aren't guilty. Of all the times I should have gotten tickets and don't, paying the ones I do get are sort of like confession, and keep the roads paved!
2007-02-04 20:00:15
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answer #9
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answered by lovemytc 3
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Maybe,but you know the loud exhaust makes you a target and sends out a certain message...so it you don't want to be targetted get rid of the loud exhaust which is just like wearing a taget practice on your chest at a shooting range!!!!!!
2007-02-04 14:18:25
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answer #10
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answered by Anonymous
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