I got a ticket for $150 for going 32 mph in a 20 mph zone. It was less than a quarter mile road from a shopping center to the main road. There was no school, no people walking and no residences. There was nobody around, except a police in an unmarked car.
If I go to court, do I stand any chance to get out of that $150 fine ?
2007-07-23 13:07:50 · 17 answers · asked by kenneth h 6 in Politics & Government ➔ Law Enforcement & Police
I am always amused by the cops who answer question like this one. They say you can never win or that you were guilty, pay the fine like a “real man”, etc. These same cops when they stand accused whimper behind the Peace Officer Bill of Rights and tout their immunity rights, etc. If they were real men (or women), they would justify their actions in an open forum instead of being the cowards. Ask yourself, when was the last time you heard a cop actually stopping a crime before it happens? You don’t very often because it only occurs in about 0.1% of their contracts. Most police are overpaid parking attendants and clerical workers.
Ok – enough of my rants. Let me give you my two (6 years in LE).
1.Routine traffic violations (speeding, red light violations, etc) are NOT moral or ethical crimes (despite what the local retard cop would tell you).
2.Traffic violations are ONLY set to generate money for the local municipality. They constitute an average of 16% of the average California municipality’s budget.
3.If you plan on fighting the ticket, keep in mind that you must plead 100% not-guilty to all elements of the citation. You cannot go to court and say that you were “only” going 35mph and not 40mph. Any admission of guilt is a total admission of guilt.
4.I am not saying to lie. This would be a crime if you are under oath (although most cops lie anyway and routinely get away with it).
5.Go prepared. If you were caught by radar, ask for a copy of the calibration record. The cop might have an attitude and not give it to you. It is evidence and the officer can be charged with obstruction for not providing it to you (again, they will lie and tell the court that you didn’t ask for it). Ask for it in writing to the Chief of Police. Be sure to send the demand letter by certified mail.
6.If they tracked you with their vehicle as reference, you can demand a copy of the calibration record of their vehicle. Again, demand this by certified mail.
7.Don’t show up with an attitude. Dress nicely and be firm. You have the right to cross examine the officer. Be nice, but don’t be intimidated. Face it, most cops barely have a year of college in California (and we are supposedly the most educated cops in America) Do janitors intimidate you? I didn’t think so – don’t let the badge do the same. In most municipalities, you will face a traffic commissioner. You have the right to appeal his or her verdict to a real judge.
8.All in all, hope the cop just doesn’t show up. Unfortunately most judges are buddies with the local law enforcement and will always take their word over yours.
Welcome to the real world son. Cronyism is the only rule.
Side note: Carry a small digital recorder and turn it on BEFORE the stop. There is NO expectation of privacy in your own vehicle, so recording is legal. I wouldn't let the officer know of the recording because most will get badge heavy and think they have to right to demand that you stop recording. They do not. (I know of a guy who had an elaborate digital video recorder in his vehicle. He used it to impeach the officers testimony in court. Great to catch a criminal red handed)
2007-07-23 16:21:14 · answer #1 · answered by Anonymous · 3⤊ 3⤋
No, I got a ticket for doing 43 in a 30 mph zone that was less than 40 yards long with nothing in sight. After driving by the first house an unmarked cop pulled out onto the street then pulled me over. I took it to court, stated my case but the Judge believed the officer not me. Do yourself a favor and pay the ticket and get it over with.
2007-07-23 14:01:08 · answer #2 · answered by Williamstown 5 · 0⤊ 2⤋
Police Officers don't set the limits, they enforce them. By your admission you were going 12 MPH over the speed limit. My integrity is worth a lot more than $150.00, so I would pay the ticket. Now you can go to court, plead guilty, pay the fine, and ask that the ticket be taken under advisement for 6 months and if you do not get anymore tickets the judge may keep if off your record, which in the long run saves you a lot more money with your insurance company. Good Luck.
2007-07-23 13:16:13 · answer #3 · answered by ARCop 3 · 5⤊ 1⤋
Sometimes, you might get it reduced if you just show up. However, all I can say is I'll hope for you that the officer won't show up. That's pretty much your only defense, unless you get extremely lucky.
Check and see if your jurisdiction has an infraction deferred program. Some counties in Indiana (where I live) do, and that means you'll pay the ticket (or maybe $10) and it will go off your record if you don't get another one for six months or a year.
2007-07-23 17:48:33 · answer #4 · answered by Karen 5 · 0⤊ 0⤋
It doesn't matter if there was no one around or not. You broke the law by traveling faster than the posted speed limit.
Speed limit signs don't read, "20 mph (unless the coast is clear). lol
Anyway, if you challenge it by going to court you may get out of it if the police office doesn't show up. Which sometimes happens. Or, they may reduce the charge to something which wouldn't affect your future auto insurance premiums. But if you go to court, I'd suggest having a attitude adjustment. Approach the judge with humility and regret.
2007-07-23 13:13:36 · answer #5 · answered by Yinzer from Sixburgh 7 · 2⤊ 1⤋
I don't know about where you live, but here if you just go to court, even if you're not fighting it, the judge usually cuts the ticket by about half. I don't think it matters if school's in session or not since it is a posted 20 MPH zone.
Good luck!
2007-07-23 13:11:11 · answer #6 · answered by Sammy Da Bull 3 · 1⤊ 0⤋
No chance. The only way to get out of a ticket is to go to court and plead your innocence with the judge. As soon as the cop says you were speeding, you will be ade to pay the fine...and the cop gets overtime to go to court.
It matters not if there were people around or where you were, you are guilty, just pay the fine.
2007-07-23 20:03:09 · answer #7 · answered by Vindicaire 5 · 1⤊ 2⤋
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2016-10-09 07:42:21 · answer #8 · answered by Anonymous · 0⤊ 0⤋
No not really, the best way to get out of a traffic ticket or to get a cheaper one would to be polite and respectful and have everything ready for him when pulled over, honesty can get you out of more things then you know
2007-07-23 13:11:31 · answer #9 · answered by mysterious stranger 2 · 1⤊ 0⤋
there is only 1 way if you know the judge he can dismiss the ticket or if the cop doesn't show up to Court
2007-07-23 13:12:57 · answer #10 · answered by Armen 3 · 1⤊ 0⤋