G35 Coupe V35 2003 - 07 Discussion about the 1st Generation V35 G35 Coupe

guys/girls help me fight this ticket!! (long)

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Old 11-21-2003, 07:09 AM
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guys/girls help me fight this ticket!! (long)

please please help me!! i got a ticket like 10 min ago... i fought alotta tickets (won/lost) before but this one i wanna nail it! SO PLEASE HELP ME!!

ok so... here is the story... its 3:40 am right now... i was just chillin at home and at 2:00 am i washed my car cuz its really dirty and i have to meet someone tomorrow (today)... so after washing it, i decided to go for a drive for like 5 min or so... so i got on to this express way that has speed limit of 50mph... i was going 60 or so... i got to the end of the road so i mad a U-turn n headed back home... again im going 60 something mph... while going back i see this car going really fast on the other direction (the way i came) i knew it had to be a 5 0 cuz there were NO cars on the road n i c him making a U-Turn on my back mirror... [censored]! so i slow down to 45~50mph... he caught up... pulls me over...

here is the convo:
cop: can i see your lis, insurance, registration?
me: here you go (hands him my lis, n insurance) i left my regist at home...
cop: how fast were u going?
me: i was going 55~60mph sir
cop: hmmmm... i think u were going lot faster than 60
me: i was doing 50 right now sir, the speed limit here is 50mph no?
cop: u were going more than 60 up hill not right now, ill be back (goes to his car n writs the fukin ticket)

he comes back and hands the ticket to me so i can sign it i see he put 2 violations:
1. 22350cvc (speeding)
2. 4454@cvc (no regist) the ***?? now i was pisses

me: sir can i see your radar?
cop: no
me: sir i have the right to view your radar with my speed
cop: no, i was pacing you w/ my car (bull SHIET! he was nowhere near my car!)
me: sir you werent behind me, there werent any cars on this road
cop: thats not the point (starts walking to his car)
me: thank you!

ok thank you for reading this far... ok questions for you guys...

1. he didnt use the radar on me, nor he was behind me "pacing" my car... is this good reason to argue front of the court?

2. is it true that, in order for me to get a speeding ticket, i have to be going faster than speed limit and 80% of cars in that specific street? there werent any cars on this road... i heard some people got their tickets dismissed for this reason...

3. is there any way i can get that "no regist." dismissed? thats stupid! can i say it was in the car but couldnt find it at the moment? uggggg!!

any help would be helpful!!

 
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Old 11-21-2003, 07:45 AM
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Re: guys/girls help me fight this ticket!! (long)

Man that blows!!!! First off, you can usually get tickets for no insurance or registration dismissed if you prove that you were covered at the time the ticket was issued. So i wouldn't worry too much about that one.

As for speeding, how fast does it say you were going on the citation and what was the posted speed??? Based on the scenario you described i think there is a decent chance you might get the speeding dismissed as well. Afterall, how the hell could he have paced you when you were traveling the opposite direction. That's BS.


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Old 11-21-2003, 07:45 AM
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Re: guys/girls help me fight this ticket!! (long)

Man that blows!!!! First off, you can usually get tickets for no insurance or registration dismissed if you prove that you were covered at the time the ticket was issued. So i wouldn't worry too much about that one.

As for speeding, how fast does it say you were going on the citation and what was the posted speed??? Based on the scenario you described i think there is a decent chance you might get the speeding dismissed as well. Afterall, how the hell could he have paced you when you were traveling the opposite direction. That's BS.


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Old 11-21-2003, 08:15 AM
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Re: guys/girls help me fight this ticket!! (long)

oh really? thanks! thats good then... i wont worri too much on the regist.

he put down 60+ on the ticket... the posted speed for the road is 50mph

also funni thing i found out on the ticket... for the "location of violation" he put down the location where i got pulled over, which is the same place he saw me speeding, going toward the OTHER direction... can i say something about this also?

 
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Old 11-21-2003, 08:31 AM
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Re: guys/girls help me fight this ticket!! (long)

definitely! 60plus won't cut it. The ticket has to be specific. The pacing argument he is using want hold up either, has to be radar specific. So tell the judge what you told us and they will be dismissed. Godspeed.

 
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Old 11-21-2003, 09:15 AM
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Re: guys/girls help me fight this ticket!! (long)

Ok, here it goes:
1. He was pacing and therefore knew how fast you were going - BS, even if it was true, his speedometer might be acting up, no one knows how accurate his gauges are...
2. Speeding ticket with no accurate reading - VOID ! my buddy was going 65mph in a private street and smashed into a house. When the police arrived, the cop had asked him how fast he was going, so he gave him a number: 55mph. The cop wrote him a ticket and under where he suppose to write down the actual speed, he wrote "driving too fast". My buddy went to court and told the judge, it's BS, there is no accurate reading. The judge agreed and dismissed the ticket.

Fight it!
Good luck.

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Old 11-21-2003, 10:49 AM
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Re: guys/girls help me fight this ticket!! (long)

Here's the real deal (I used to be a cop...I KNOWS of what I speak):

1) In most states, there's a such animal as the GENERAL SPEED LAW which states that if the officer, based on his/her "expert" opinion FEELS that you were going to fast based on road, weather, traffic and posted speed limit...he can gig you. In MOST states, this is not a SPEEDING violation, but a violation of the GENERAL SPEED LAW and should say as much on your citation. A ticket issued under this law is very subjective and should always be contested.

2) Speedometers in most police units are CERTIFIED by the manufacturer and/or the DEALERSHIP to read true speed, thereby allowing a police officer to PACE you and issue a citation based on his/her SPEEDOMETER reading. Again, this is shaky and subjective and SHOULD be reflected in the citation under METHOD of obtaining speed. The defense against this is to request all documents pertaining to date, time and method of CERTIFICATION when you appear in court to contest it. Do NOT request these documents beforehand as some unscrupulous jurisdictions will have no problem manufacturing them.

3) If the officer did indeed use RADAR or LIDAR, you can request proof of calibration of either of these units. RADAR units should be calibrated (under Louisiana traffic code) at the beginning of every shift--the units themselves come with two tuning forks set to simulate 30 and 60 MPH. LIDAR comes certified from the factory and has to be re-certified on a yearly basis by the manufacturer.

4) If a speed measurement device, such as RADAR or LIDAR was used, the issuing officer has to be currently certified in its use. This is the easiest way to fight a ticket in a small municipality, as many have units, but have not paid for their officers to attend the required certification course. If you were written by a trooper or a large municipality traffic officer, odds are his certification is current.

5) Last, but not least, you can always request a continuance because of work, illness, yadda yadda and continue to request them until the court will no longer grant them. Your odds of having the issuing officer NOT show up greatly increase with every continuance. If he's not there to back up his/her observations and measurements, ticket DISMISSED.

Hope this helps!!

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Old 11-21-2003, 02:04 PM
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Re: guys/girls help me fight this ticket!! (long)

Sounds like you got dinged in CALI based on those citations..

As far as the registration I think you are gonna have to eat that one.. It doesn't matter if you can prove you had registration what it's saying is you shall keep the original or a copy of your registration in your car at all times you are driving it..

as far as speed.. he said he paced you so thats a legitimate way to do it.. he doesn't need radar..

22350. No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.

thats the speed law he said you broke.. all you can do is go in.. dont ramble on and sound a fool.. looks bad.. wear a suit.. looks good.. As far as what defense you wanna use.. maybe something using the actual text of the law.. was the speed really unsafe? how many lanes is it.. wide open is good.. was anyone else on the road at that time? was the ground wet.. was there lighting overhead by street lights? was it a well maintained road... you drive a G right so it has lots of good safety features.. killer brakes!

If the cop is there i wouldnt' just go in and say liar liar pants on fire! I would just try to say the truth in a professional manner.. you were doing approx 55-60mph.. the road is very good it was dry noone was on the road.. road is straight.. i lived here for 20 years and i know the road very well.. stuff like that.. might work



 
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Old 11-21-2003, 02:12 PM
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Re: guys/girls help me fight this ticket!! (long)

You can keep deluding your self or face the facts. That judge has heard every possible excuse 400 different times. I have had over 15 tickets in my life. Everytime I have been in court I have yet to hear a judge go against the word of an officer. Bottom line is that your guilty on both counts. Your best bet is to go in and ask for traffic school.


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Old 11-21-2003, 02:36 PM
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Re: guys/girls help me fight this ticket!! (long)

hey, it sounds like ryangsanders has a good idea for you. [img]/w3timages/icons/wink.gif[/img] continuance.

as for the registration, i think you may be screwed...
4454
(a) Every owner, upon receipt of a registration card, shall maintain the same or a facsimile copy thereof with the vehicle for which issued.
(b) This section does not apply when a registration card is necessarily removed from the vehicle for the purpose of application for renewal or transfer of registration, or when the vehicle is left unattended.

best of luck, and i hope the officer doesn't show up for your court date.

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Old 11-21-2003, 02:38 PM
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Re: guys/girls help me fight this ticket!! (long)

In Jersey you go to court before things get started. Talk to the prosecutor and he'll tell you what to do. If you show up at court, they may dismiss the ticket but still charge you court costs. Pay the fine, they get their revenue(which is all they are after anyway) and go away.

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Old 11-21-2003, 02:54 PM
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Re: guys/girls help me fight this ticket!! (long)

pay a lawyer that specializes in speeding tickets 100 bucks and he'll get you off it.

 
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Old 11-21-2003, 04:58 PM
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Re: guys/girls help me fight this ticket!! (long)

Same thing happened to me in Vancouver and lets say the police normally win in court.. They will say they had there speedometers checked on such and such date for accuracy, then they may ask if you had yours checked. and low and behold of course you have not who the heck does. I even asked to see his radar, so he gets it out and there is nothing on it no speed at all, I said ur lieing and of course left angry but either way I could not win..

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Old 11-21-2003, 05:34 PM
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Re: guys/girls help me fight this ticket!! (long)

not sure if i would fight this one...take the ticket and go to one of the internet driving schools...they are sooo cake. haha i finished mine in less then 45 mins! waited tho in mean time on pages to make it look like it took me longer in case the server timestamped, but i doubt they do. most places just want the $.

 
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Old 11-21-2003, 06:06 PM
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Re: guys/girls help me fight this ticket!! (long)

RyanGSanders' advice is good. I used to be a DA prosecuting traffic offenses. Getting a lawyer prolly isn't adviseable. The reason I say that is judges tend to help out people who represent themselves. The traffic court attorneys just try and get you out on a technicality. Nothing you can't do yourself, including asking the DA to lower the charges. I ate those lawyers up for lunch. Just ask for continuances, discovery, and basically everything that RyanG said. When the cop testifies, make sure he states the jurisdiction (county you were in) and if he was in a marked police car in uniform. Sometimes they forget to say that. If they do, straight up ask for a dismissal. They have their little spiel though so they rarely forget. Once they're done, ask them questions bringin up all those inconsistencies you mentioned and if you can't ask the cop the question, just state it when it's your turn to tell your story.

You'd be surprised to see how many judges come at this from the defense point of view. Oh, and bring your registration. The judge will probably dismiss it. By the way, which county was this in?

 


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