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Not likely. Way too many drivers out there who will not accept responsibility for the predictable consequences of their own actions. At least a speeding ticket doesn't hurt anyone else, only the person who did the deed. Could be SO much worse.
As for the "speed trap" excuse (if you weren't speeding, wouldn't matter, you wouldn't be caught in a "trap", now, would you) and the "But, Mom, everybody's doing it!" which shouldn't have worked when you were five, never mind as an adult and the oh so common "revenue generation" cry that brands those that use it as very much people who must blame someone, anyone, anything else for the consequences of their own actions, those just prove my point.
OP, you've already acknowledged numerous moving violations (3 in how short a time)? Seems it's time to face the music and that being required to take remedial driving training might be the best thing in the world for you. Clearly you need it.
OP, you deserve applause for your efforts. Unfortunately, traffic courts are rigged to extract revenue from you (lawyers too). For someone with your tenacity, I think a small investment into a dash cam will suit you well for future incidents.
Thank you.
I have already installed a dash cam after this happened. Alas, too late of this.
I am not going to get into the details, but you need to get WAY more aggressive when appearing in court. Put the cop on the stajnd and force him to admit, especially if it isn't the cop who gave you the citation, that "it is possible"; "that is possible" could it be that" and make there ban issue opf doubt, especially if oyu are dealing with a cop who wasn't actually there. Hang the coop out and think about how you can catch him with dis-information...and then you can use your "chart defense".
If you are not guilty, own it, and make the cop PROVE beyond any doubt that you ARE guilty. If the replacement cop shows up, ask the judge to dismiss the case as there is no way for you to question your accuser.
Be tough.
Last one I did, I questioned the cop so hard that the Judge intervened, said "you can't ask him that, even though I have no doubt that he didn't behave appropriately". I rephrased, the judge threw out the ticket. Two weeks later the cop was arrested for being part of a LARGE heroin ring! Karma is hell.
Unfortunately, my record is not exactly super clean. Nothing crazy, but in the last couple of years I have been unlucky enough to get two other moving violations. Which I believe renders all attempts to appeal to prior history fruitless.
It also means that in this state, if this ticket goes through, I will get a notice of suspension and will have to go to driver's retraining to avoid suspension. Not the end of the world, but I would rather avoid it. So I'm interested in trying to get it dismissed completely. I'm not sure if in this case it can help, as I realize I don't have a hard evidence to prove I wasn't speeding.
To be honest, I don't even know how to reach prosecutor - court paperwork certainly doesn't give me that option.
From what I read on state-specific forums, the prevailing school of thought is that if he doesn't show up I have a decent chance of seeing this case dismissed. Will certainly keep this forum posted if this happens.
...and there's the issue. You can present your case but the magistrate is going to have to weigh the testimony of a trained police officer versus that of a repeat traffic offender. I wish you luck but I have a feeling you're going to go to the retraining class on top of paying the fine, the court fee, and the increased insurance.
A strategy I know that one individual always used in California was to plead not guilty and file for discovery of evidence including the calibration records on the device and the training records for the officer using it. The state never responded to the discovery requirements and the case was always thrown out by the judge.
Won't work everywhere but if they want to bring you in front of a judge they should be held to the rules.
A strategy I know that one individual always used in California was to plead not guilty and file for discovery of evidence including the calibration records on the device and the training records for the officer using it. The state never responded to the discovery requirements and the case was always thrown out by the judge.
Won't work everywhere but if they want to bring you in front of a judge they should be held to the rules.
This approach sounds very reasonable. There's a good chance that many PDs won't bother to find those records.
Most, but not all, tickets are legitimate. Additionally, I've broken many laws without getting ticketed (roll through a Stop sign, speeding). I've gotten several tickets, mostly for speeding on a highway, and I was guilty so I paid them.
Two, however, I fought and won. I fought them because the LEO was wrong and I was right. The first, on the UCSB campus around 1981-1982, was for speeding in a 25. I was certain I was not speeding and went to court. The LEO did not show up so it was dismissed. The second, around 1998, was in downtown Mountain View CA for an illegal U-turn. But the LEO was incorrect in knowing the statute and my U-turn was actually legal. I fought that by mail, describing my case in a letter, and won. I didn't have to appear in court.
I tried to find a local traffic attorney as was recommended, and I couldn't. I called three guys. One said that he was just too busy with other work, second one never returned my calls, and finally the third one listened to my facts on the phone, said he was too busy but would give my contact information to his colleague who might have time to look into it. Before he hung up, I asked him to give me a ballpark idea of how much would it cost me. He said to go with me in front of the judge would cost anywhere between $500 and $700. My jaw practically dropped to the floor - I didn't expect these numbers, to be honest. All in all, I had a feeling that lawyers don't need this type of cases around here - plenty of bigger fish to fry I guess.
I decided not to call any more attorneys and worked on my defense instead. I came up with two additional lines of questioning and two possible arguments that were based on the pullover location claimed by police and more math. These arguments weren't the strongest, but I wasn't empty handed either and went to the court ready for cross-examination.
Thankfully, today was not the day to start my brilliant career in civil litigation. The officer didn't show up. He also failed to call the court to let them know why he didn't show up. So I was asked to be more careful, and found NOT responsible.
To add a little more clarity (or confusion?) to the urban folklore, one more traffic case was heard before mine, where officer also wasn't present. That officer called the court that morning and said he had a dentist appointment. The judge told alleged violator that he needed to reschedule. The guy said it was hard for him to make this date, and will be even harder to make the next one. They went back and forth for a good 10 min, the judge asked his assistant if she new if the dentist appointment was planned or emergency, asked the guy all sorts of questions about why exactly it was hard for him to be in court, wrote something in his papers. Long story short, the guy was given the benefit of the doubt and also found not responsible.
I'm not ready to make any far reaching generalizations based on my case and those I had a chance to hear on the two court dates I had, but for what it's worth my experience is now a part of the body of knowledge on traffic court (at least in MA).
I tried to find a local traffic attorney as was recommended, and I couldn't. I called three guys. One said that he was just too busy with other work, second one never returned my calls, and finally the third one listened to my facts on the phone, said he was too busy but would give my contact information to his colleague who might have time to look into it. Before he hung up, I asked him to give me a ballpark idea of how much would it cost me. He said to go with me in front of the judge would cost anywhere between $500 and $700. My jaw practically dropped to the floor - I didn't expect these numbers, to be honest. All in all, I had a feeling that lawyers don't need this type of cases around here - plenty of bigger fish to fry I guess.
I decided not to call any more attorneys and worked on my defense instead. I came up with two additional lines of questioning and two possible arguments that were based on the pullover location claimed by police and more math. These arguments weren't the strongest, but I wasn't empty handed either and went to the court ready for cross-examination.
Thankfully, today was not the day to start my brilliant career in civil litigation. The officer didn't show up. He also failed to call the court to let them know why he didn't show up. So I was asked to be more careful, and found NOT responsible.
To add a little more clarity (or confusion?) to the urban folklore, one more traffic case was heard before mine, where officer also wasn't present. That officer called the court that morning and said he had a dentist appointment. The judge told alleged violator that he needed to reschedule. The guy said it was hard for him to make this date, and will be even harder to make the next one. They went back and forth for a good 10 min, the judge asked his assistant if she new if the dentist appointment was planned or emergency, asked the guy all sorts of questions about why exactly it was hard for him to be in court, wrote something in his papers. Long story short, the guy was given the benefit of the doubt and also found not responsible.
I'm not ready to make any far reaching generalizations based on my case and those I had a chance to hear on the two court dates I had, but for what it's worth my experience is now a part of the body of knowledge on traffic court (at least in MA).
congratulations, it pleases me to hear when the little guys takes down the man.
btw...got into the thread too late to help but I was going to suggest that you DEMAND the court subpoena NSA satellite imagery of the exact time and place of their takedown of you to support your story.
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