Do I Have A Case?

Question

I was pulled over for going 45 on a 30 MPH service drive per the officer who pulled me over. When I went to the same spot a few days after I got the ticket the service drive speed limit was 30 BUT when it became a one way it changed to 40 MPH. He pulled me over long after I passed the 30 MPH point.. I believe I was stopped just so he could meet his end of the month quota. I'm going to fight it in court and I'm going to take pictures for evidence . DO I HAVE A CASE?

Answer 1

I say go for it. You are probably right that he did it for his quota and if the cop doesn't show the whole thing is dismissed and your ticket is voided. By the way they can't get you for going 5 miles over the speed limit. That's normal everyone does it. If you notice on your ticket the fees start at 6-9 miles over the speed limit :)

Good luck!!!!

Answer 2

You probably don't have a good case. Take as many pictures as you want, but I'd be willing to bet that the officer got your speed well before you thought he did. With a laser speed gun, an officer can get your speed from up to a quarter mile away, well before you are even aware of him. Same goes with radar.

Having said that, officers don't pull people over if THEY don't have a case. If they were stop someone without probably cause, they would be violating that person's civil rights. Also, you say that the speed limit changes to a 40 mph zone. Even then, you were still speeding if you were traveling at 45 mph.

For everyone who reads this, end of the month quotas are, for the most part, non-existent. No departments that I know of set daily, weekly, monthly or even yearly quotas.

Answer 3

I completely understand, and you may very well have a good case. The argument you are preparing needs to be thought out a little further. Like, HOW LONG, after the speed limit changed did he pull you over. Because, if it isn't so far, the officer could say he clocked you back in the 30 mph zone, and it took that long to get you to stop. However, if it is quite some distance, the officer will have a more difficult time proving he clocked you that far back and it took him, miles let's say, to stop you. Because if it took him a long time to get you to stop, I'm sure you would be facing more than a speeding ticket. So measure the distance and the time it takes to get from the 30 to the 40 mph zone, as well as how long it takes to get from the zone change to where you were pulled over. You want to create reasonable doubt.

Answer 4

First of all, until you passed the 40 mph sign, the speed limit was still 30 mph.
Second, going 45 in a 40 is also illegal.
Third, policemen do not have ticket quotas any more. Some used to (1960's), but the Supreme Court ruled quotas illegal.

Answer 5

No. You got pulled over for going 45. Whether the speed limit was 30 or 40, and whether or not he was meeting a quota, it's still the law and you broke it. The only case you might have is if you were only going 40 in a 40 zone and he lied and said you went 45 to make his quota. Otherwise, accept that you drive too fast, pay the ticket, life lesson, slow down.

Answer 6

Ok, I have read a few answers that say it doesn't matter because either way you were speeding. This is not true. In some states you could lose your license for going 15 over. Another person posted you could not get charged for going 5 over the speed limit. Again this is wrong, while most of us do run 5 - 10 over the speed limit, the police choose not to stop us. It is a courtesy to us.

I think you should fight, if nothing else it should be reduced, at least if you have no other violations in the past year. Good luck.

Answer 7

It doesn't matter where he pulled you over. What is going to matter is where he clocked you. On the ticket it should state the address where he clocked you speeding. If it was in the area that it is supposed to be 30 MPH, then you do not have a case.

By the way, police do not have quotas, to the best of my knowledge. If they are on a street in a neighborhood, it is usually because the people who live there have complained about speeders.

Answer 8

first of all cops having a quota is a myth. I know cuz my pal is a cop.. it just makes them look bad if they don't have any tickets cuz their supervisor wonders what they did all day. but cops don't have a quota as in certain number they have to meet.
I can tell you you don't have a case. even if you were right. he pulled you over for going 45.MPH.. you are still over 5 miles. cops can still give ppl tickets for going 5 miles over the speed limit. they usually don't.. but they can if they want... There is no Law that states cops have to give ppl 5 mph break.... I wish I could agree with you but i can't. my pal goes to courts for these kinda cases all the time and tells me about it.. he wins 19 out of 20 cases. You can try and hope he doesn't show up. thats you only hope.

Answer 9

Not quite sure about the 30 to 40mph. If it changed after you were ticketed you have no case. You can try to fight it but your fine will probably be more than if you pled. If you are saying it was 40 miles an hour then you may get a judge to dismiss it. More than likely he will amend the charge stating you were doing 45mph in a 40mph zone. Normally this a change of fine and points

Answer 10

well first off, the 'end of the month quota' is a myth. cops are encouraged to get more tickets to make their station seem more important, but there's no quota.

second, it doesn't matter where he pulled you over, it matters where he clocked you or started following you.

i'd say you don't have much of a case, but i'd still fight it. if the officer doesn't show up to court (which they often don't for speeding tickets) the ticket will just get dropped. and even if he does show up, you can probably at least get it reduced.