Driving through the FastLane tollbooth I got ticketed ($290) by a Highway Patrolman who jumped out of an UNMARKED vehicle. On the ticket he checked off “Radar” as well as “Estimated” as the means for determining my speed as being 44 mph.
I have driven in the state for 24 years without ever getting a speeding ticket and I don’t believe I was driving that fast at all.
Also, I did not see any radar gun and wonder why he would check off that the speed was ”Estimated” if in fact he had used a radar gun?
Please advise. Thank you.
2007-09-07 10:44:12 · 12 answers · asked by dariusbd 1 in Politics & Government ➔ Law Enforcement & Police
It's interesting when issuing a ticket how many people demand to see the radar reading. This is not required for the very reason that a part of radar certification is to be able to "estimate" the offender speed within a certain degree of accuracy.
The radar equipment does not testify against the violator in court...the officer does. As such, the officer, through training and observation will estimate your speed then verify your speed by using the radar equipment. Just as the officer has written on your summons.
There are no laws that prohibit the use of unmarked vehicles in traffic enforcement, however, many departments will not use them and instead the high profile visibility of marked units.
Not to dispute how good of a driving record you have...sometimes cellphone use, billboards, traffic signs, or a myriad of other distractions are just enough for us to hit the gas a bit more than we realize.
My suggestion is if you disagree with the speed, appear in court. Just be prepared for your defense because the officer will have his facts straight as well.
The only other alternative is to stand in front of the mirror and look yourself and ask is it POSSIBLE you may have accidentally sped up yet not actually realize it. You may just decide to pay the fine and be done with it.
Because you have such a clean driving record, you may also be eligable in your state to attend a driving course so that there is the possibility of a fine reduction and point assessment.
Best wishes.
2007-09-07 10:54:20 · answer #1 · answered by KC V ™ 7 · 2⤊ 1⤋
Massachusetts Speeding Ticket
2016-12-18 07:06:57 · answer #2 · answered by ? 4 · 0⤊ 0⤋
If you go to court, the judge will observe:
1. The officer says you are going 44 MPH. You think not, but you don't claim how fast you *were* going.
2. You're complaining about the trooper jumping out of an unmarked car, which suggests you would have driven slower if you'd have known someone was watching.
3. Typically, officers ticket you for 5 MPH less than your actual speed. He would put down the radar gun in order to catch you and deliver the ticket.
4. The cop presumably has no reason to lie. You, on the other hand, are trying to avoid points and a fine.
Think about it. You *really* think you can beat this ticket? If you argue that the speed is inaccurate, he can ticket you for reckless operation instead, and that's probably *more* points and *more* money than you're talking about here.
The guy may have saved your life by getting you to slow down. Even better, the guy may have saved you from life in prison for manslaughter, from hitting someone as you raced through the toll plaza. Send the state the money - and send a thank you note to the state patrol barracks.
2007-09-07 10:53:50 · answer #3 · answered by Anonymous · 0⤊ 1⤋
Best response? - Mail the check to the address listed on the ticket.
The fact that the car was UNMARKED is completely irrelevant.
The fact you did not see a radar does not mean he did not have one. There are many radar units that are pretty much built in to the vehicle.
A $1000 lawyer might be able to beat your $290 ticket.
Clerical errors on a ticket do not negate the ticket. Never have, never will. You could go to court and find out that means that he estimated your speed with a radar gun and that it is standard practice on those tickets.
Good luck.
2007-09-07 10:51:31 · answer #4 · answered by davidmi711 7 · 0⤊ 0⤋
Speeding Ticket Ma
2016-10-30 23:38:35 · answer #5 · answered by Anonymous · 0⤊ 0⤋
If it's your first offense and you have had a clean record for those many years, so there is a chance that if you do not act like a hardbutt, you will have it reduced by the judge to an offense that does not carry with it any points...and a reduced fine...and you would be best off just paying it...
If you have an option of talking with a DA before, do so, as he will discuss the matter with you---so appear in person and be able to discuss the matter. But, also be able to prove you were not driving in the area ofd 44 mph and more in the area of the speed limit, which chances are likely are not the case....If the limit is 25-30 and you are going 44, what are the chances his radar gun is off by 20 mph?
If you arrive promptly, but not the first one there, you will have an idea of how the judge is, and what your chances of discussing it down are.
Chances are you were speeding, and not knowing there was a cop around is hardly an excuse...in several cases the speed, depending on where it is--I-91 or I-95 for instance, may be detected by an overheasd plane or radar tower, and just sent by dispatch to the cop, anyway.
"That fast" are uh-oh words, It is like admitting "Yes, I was speeding, but not by as much as the officer said."
If you answer by mail, your chances of having the fine reduced are really not as good. But, pleading not guilty when you were guilty to any extent will require you to be able to address the judge's experience in seeing sooo many speeders and most of them were innocent, and to have to prove that the officer was wrong....and your story and verbiage just don't make it sound as if you were above guilt....so if those who answered this sound like that, imagine how an experienced officer, and judge (all respect to the post immediately above mine) will assess it.
2007-09-07 11:01:28 · answer #6 · answered by sirburd 4 · 0⤊ 0⤋
You'll have the opportunity to appear before a clerk-magistrate, who will listen to the trooper and you. The Clerk-magistrate will listen to the trooper tell his side, and then ask you what your side is. Most likely he will ask you how fast were you going. If you act reasonable and keep your cool, the clerk magistrate will likely reduce the fine to what you say you were going.Trying to bring up the ticket being "radar" and "estimated" is likely not going to do you any good. You may wish to tell the clerk magistrate about your clean driving record, which he will confirm. Also the fact that the trooper was driving an unmarked car has no bearing. Be humble, you're going to get a fine. Good luck!
2007-09-07 13:27:36 · answer #7 · answered by Paul G 2 · 0⤊ 0⤋
"Estimated" is a legal term stating that the basis of his judgement was on the "radar's estimation" of your speed. It doesn't mean he "eyed" you going real fast and made a wild guess. d:)
$290 for 44 Mph through a toll plaza?...What is the speed you were supposed to be going? That seems like alot. 15 over the limit in Florida was only about $170.
2007-09-07 10:50:01 · answer #8 · answered by Gary D 7 · 0⤊ 0⤋
Search Case Law and Calibration.
Also search the Internet for information about officer training for radar guns, testing and logging of radar guns. Police radar gun maintenance and calibration by a qualified tech.
2007-09-13 00:40:11 · answer #9 · answered by Zani WM 2 · 0⤊ 0⤋
You can go into your local court house and ask for a copy of an up to date Speed Detector/gun Cabliration Certificate for that officers radar gun. Most of the time they are not up to date and if it isnt, go before the judge and fight the ticket based on that. I'd fight it either way if he checked both estimated and radar on yout ticket.....you might just get off on his mistake.
2007-09-07 10:49:54 · answer #10 · answered by Heather B 5 · 0⤊ 2⤋