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Two tickets in a single month =[

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Old Apr 19, 2009 | 02:10 PM
  #1  
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Two tickets in a single month =[

This has been a very bad month for me. I been driving for 4 years now and haven't gotten a single ticket/warning until this month. I don't usually speed or break any laws because I care about my g but i think we all done it sometime. Earlier this month I was running little late for class and I didn't make a complete stop on a right turn signal. The funny thing is that the guy/girl in front of me didn't make a complete stopped and someone he didn't shop his/her car but got me and I got a court date for that.

And yesterday I was on a completely empty road between corn fields. This is one of those roads where you probably see total of 10 cars total the whole day. Well my boy wanted to see what the G has and i got busted at 60 in a 30 zone

So my question to all of you is, has anyone been in this situation? Am I looking at license suspension?? When i show up for the court date, do they pull up my record and see the other ticket? Any help would be apprenticed. Thanks

P.S I'm from indianapolis.
 
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Old Apr 19, 2009 | 02:21 PM
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The other ticket probably won't show up on your record until after the court date, but 60 in a 30 is a huge ticket. At least it is in NJ. I would see if you can get that one reduced to something smaller because if you don't it's gonna hurt big time.
 
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Old Apr 19, 2009 | 05:34 PM
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yes the court will pull up all your records if u havent gotten any in 4years and this is your first 2 reduction is a must
 
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Old Apr 19, 2009 | 11:00 PM
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get a lawyer, prob can get it dismissed.
 
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Old Apr 20, 2009 | 06:36 AM
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use the tipmra man!

Works for me everytime. Especially if they clocked you on LIDAR and your state does not have Judicial notice or a daubert and frye hearing of any kind.

See http://www.tipmra.com better yet just go here http://tipmra.com/kgb/WEB/tipmra1.htm
 
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Old Apr 20, 2009 | 10:34 AM
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I live in Indy too and have had a few tickets myself. Knock on wood it was a while ago. You might want to check with the traffic court and see if there are any diversion programs available. I did it once for a speeding ticket, ironically it was called the "Safe Driver Program" and basically you pay more money for the fine and not get any more moving violations for six months and it doesn't go on your record. It doesn't work for violations in a construction or school zone though. However I believe that more than 25mph over could be considered reckless driving so you need to check to see if you can get into that program if it is still available. I wouldn't recommend trying to contest the ticket though in hopes the officer doesn't show up to court, especially if it was the State Police. Been there, tried that, didn't work.
 
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Old Apr 20, 2009 | 12:34 PM
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You'll want to check your local state/city laws for driving violations. Whatever court date is first the judge will see both pending violations. But they don't actually go on your driving record until after your court date (if they aren't dismissed). Since you are innocent until proven guilty.

For AZ, anything over 20mph is considered reckless driving and doesn't qualify for the traffic school program. That's because reckless driving is a criminal violation and not a civil violation.
 
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Old Apr 21, 2009 | 12:50 AM
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Originally Posted by mstrmnd
Since you are innocent until proven guilty.

.
It is not that you are innocent until proven guilty as many believe. It is that you are assumed guilty because of the assertion made and until your presumption of innocence prevails your protestation of innocence is simply the challenge to the prosecution to prove its case.

If the prosecutions assertion is not tested in a timely manner or if it fails in any way to prove its assertion then your presumption takes precedence.

This is why if you are going to defend yourself for a citation you must attack the evidence of assertion made by the prosecution to prove your presumption of innocence. Meaning one will need to argue and object to any evidence (speed measuring device) was not accurate within a legal degree of certainty and/or that the operator of the device used to measure your violation was used incorrectly therefore the speed measured is not accurate within a legal degree of certainty.
 
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Old Apr 21, 2009 | 11:22 AM
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Didn't mean to get into a legal proceedings explanation. But I was referring to the fact that his 'innocence' until a guilty verdict (default or plea) means that the infraction doesn't go on his record until then.

And you're right it's always 'assumed' guilty by both the public and judicial system.
 
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Old Apr 21, 2009 | 05:36 PM
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its chill man, hahahaha.

Now if you ever get a speeding ticket use the tipmra!

I place a link u p to it earlier. IT WORKS! its free! I have used it and I win....

Fought 3 citations already and won within 5 minutes of trial. I am challenging another in May and i intend to win hat one as well.
 
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Old Apr 21, 2009 | 06:59 PM
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Originally Posted by mykungfuisrusty
Now if you ever get a speeding ticket use the tipmra!

I place a link u p to it earlier. IT WORKS! its free! I have used it and I win....

Fought 3 citations already and won within 5 minutes of trial. I am challenging another in May and i intend to win hat one as well.
That's awesome. I'll try it out next time I get a ticket.
 
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Old Apr 21, 2009 | 08:48 PM
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Originally Posted by mstrmnd
That's awesome. I'll try it out next time I get a ticket.
If you feel confident enough to defend yourself then by all means give it a try.

You can never be too prepared as I see it. I go in with the thought in my head I am going to prevail because I am prepared on multiple levels. The use of the tipmra is what is called trial by ambush. The point is to catch the prosecution with their pants down so to speak. You challenge the assertion of evidence and the operation of how the evidence was used, if that fails you then move on to challenge the prosecution by verification of the evidence and lastly if all else fails you fall back on the color of federal law and regulation by forcing the the prosecution to produce a traffic engineering survey if they cannot or the survey is out of date by 5 years then the posted speed limit is arbitrary and cannot be enforced by municipal law enforcement if the state has taken any money of federal funding for roads within your state.

I haven't ever gotten to the point I had to use the CFR method. One case was one because they used LIDAR as in the one I am challenging in May. The other two was because the calibration method was not taken after the arrest and citation issued, one of which the officer stated he had but had no log to prove so. To verify a statement made in testimony by an officer is not within the scope of discovery so which I argued when the prosecutor objected to and requested for a continuance to locate the log that the officer testified to. I argued that the trial is today and that the prosecutor and states witness should have come prepared. The judge granted a dismissal thereafter.

I will admit it is fun to see an officer squirm in when cross examining him as a witness when you ask real questions. Often they look to the prosecutor for backup when things get uncomfortable. Prosecutors on the other hand are much more skillful with their demeanor in court but you can still sense they get frustrated at a loss.

The adrenaline of prevailing is like victory. I hold my expression until i have left the court room but before doing so thank the judge and make and attempt at shaking the prosecutors hand. I was complimented once by a prosecutor for my outcome and method of defense, said it was very "intelligent." He told me "if in the future we meet again in court, would come better prepared."
 
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Old Apr 21, 2009 | 09:09 PM
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I've had my license for 12 years now and never had a single speeding ticket until i hit 27.

So i got a pretty petty ticket. 45MPH in a 35MPH on a 2-lane divided road. Pretty simple right?? I took photos showing where my work driveway is there is no speed limit sign, the fact there are no houses, just guardrail, and the fact that i don't have a single ticket nor have ever been pulled over ever!

Did i win?? Hell no! I couldn't even get out of a 10MPH over ticket!


Pulled over ONE time, got a ticker for 10MPH over and now i have a friggin surcharge!! I drive like grandma too!
 
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Old Apr 21, 2009 | 10:11 PM
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Originally Posted by mykungfuisrusty
If you feel confident enough to defend yourself then by all means give it a try.
My last challenge, I wasn't prepared enough. Probably if I didn't try to do everything myself, I would have had the ticket dismissed.

Most likely the next ticket I'll just do traffic court. But if another comes through I read through this system. I'm comfortable enough with court precedings, legal terminology, civil rights, legislation etc...
 
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Old Apr 21, 2009 | 10:32 PM
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Originally Posted by mstrmnd
My last challenge, I wasn't prepared enough. Probably if I didn't try to do everything myself, I would have had the ticket dismissed.

Most likely the next ticket I'll just do traffic court. But if another comes through I read through this system. I'm comfortable enough with court precedings, legal terminology, civil rights, legislation etc...
Using the tipmra have your relevant caselaw printed and ready, have your notes and cross examination questions to your defense prepared 2-3 days in advance to court, have copies of CFR 23 and MUTCD title 23 printed and ready. All very simple.

You don't even have to request any discovery other than if you do not know the device that was used to clock your speed. You wan to know this as to prepare your defense notes, if the officer used RADAR, LIDAR, VASCAR or paced you. LIDAR is the easiest because there is very few states that have taken judicial notice or conducted a daubert and frye hearing to the validity of LIDAR and as an accurate speed measuring device within a legal degree of certainty.

I am noticing now that more law enforcement are being provided LIDAR as they tend to be cheaper but with that they also require that the use and operation to have an accurate measure of speed they must be affixed to a stationary position, such as a tripod. Most law enforcement I see using them tend to operate them from their hands and due to what is known as sweeping that the device is a direct line of site leaves measure for a higher account for error. Some of the reasons judicial notice is not taken is because that would require an expert witness to explain how exactly LIDAR works which manufactures will not provide due to patents that are in some cases still pending. States vary on judicial notice so check your state before proceeding.
 
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