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Old 08-17-2011, 02:52 PM
 
1 posts, read 2,690 times
Reputation: 10

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Received a "speeding ticket" at 2:00 p.m. on a Friday afternoon on 20th & Water street downtown. Police were pulling over every other vehicle in the curb lane and, guess what! I was one of those. I was in congested traffic, had two passengers in my car and was not given any proof of speeding other than the officer's word. No one in my car could believe I was targeted. I have never had a speeding ticket in my life and was going no place in particular, so had no reason to speed. What are my chances of this being dismissed?
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Old 08-17-2011, 05:49 PM
 
Location: Coos Bay, Oregon
7,138 posts, read 11,023,413 times
Reputation: 7808
Quote:
Originally Posted by Dr Gerri Carrico View Post
Received a "speeding ticket" at 2:00 p.m. on a Friday afternoon on 20th & Water street downtown. Police were pulling over every other vehicle in the curb lane and, guess what! I was one of those. I was in congested traffic, had two passengers in my car and was not given any proof of speeding other than the officer's word. No one in my car could believe I was targeted. I have never had a speeding ticket in my life and was going no place in particular, so had no reason to speed. What are my chances of this being dismissed?
What was your speed, and what is the speed limit in that area?
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Old 08-17-2011, 07:10 PM
 
14,917 posts, read 13,095,708 times
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Sure you weren't speeding.....
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Old 08-17-2011, 07:14 PM
 
14,917 posts, read 13,095,708 times
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Also, there is no 20th and Water St intersection in Denver.
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Old 08-18-2011, 08:20 AM
 
310 posts, read 651,201 times
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Sounds like you got caught in a good, old-fashioned speed trap. Happens to everyone if you drive long enough. I really wouldn't stress about it much honestly...welcome to being human and a driver.

For future info, you do have the right to ask the officer certain questions (always in a polite and respectful manner) like "why am i being pulled over, officer?" or "how fast was I going", or even about the method he used to detemine this. if he says he has you on radar, you have a right to see the radar...again, i'm not at all suggesting you be rude or confrontational with the officer, but as a citizen innocent until proven guilty you do have the right for some basic information about what you are being charged with.

If you've never had a ticket before and can boast a squeaky clean driving record, i can tell you that in most states (not sure about CO), you are able to keep the points off your record (and thus prevent your insurance rates from likely going up) by just showing up at the court date and asking for a suspended sentence (meaning it doesn't show on your permanant record) or even that the charges be dismissed. as part of the "compromise", you may have to attend a saturday morning driver's ed class and / or pay a somewhat steeper fine. it will be worth it though to keep your record clean. most states also have traffic attorneys that you can hire to assist you in such matters, but honestly i don't know that you need to go to that expense for such a relatively minor infraction.

that's about it...again, i wouldn't lose sleep over it.

btw - i'm not a lawyer...just a leadfoot
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Old 08-18-2011, 10:11 AM
 
181 posts, read 582,635 times
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Quote:
Originally Posted by hammertime33 View Post
Also, there is no 20th and Water St intersection in Denver.
Probably meant Wewatta.
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Old 08-18-2011, 11:54 AM
 
Location: Coos Bay, Oregon
7,138 posts, read 11,023,413 times
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Quote:
Originally Posted by OakAve2OakLand View Post
Sounds like you got caught in a good, old-fashioned speed trap. Happens to everyone if you drive long enough. I really wouldn't stress about it much honestly...welcome to being human and a driver.

For future info, you do have the right to ask the officer certain questions (always in a polite and respectful manner) like "why am i being pulled over, officer?" or "how fast was I going", or even about the method he used to detemine this. if he says he has you on radar, you have a right to see the radar.
I agree with most of this, except your right to see the radar. Thats just going to **** off the cop, and it's really not practical. If it's a hand held radar gun, the cop will generally turn it off before going after the speeder. If it's mounted inside the patrol car, the cop would have to allow you to sit down inside his car to see it. Thats just not going to happen. Regardless even if you do see it, that doesn't prove that it was your car was radared. It's just your word against the cops, and the judge will always take the cops word over yours.

Also if you ask a lot of questions, the cop will probably think that you are planing to dispute the ticket in court. In which case he may write a few notes in the ticket for his version when it gets to court.
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Old 08-18-2011, 12:19 PM
 
310 posts, read 651,201 times
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Quote:
Originally Posted by KaaBoom View Post
I agree with most of this, except your right to see the radar. Thats just going to **** off the cop, and it's really not practical. If it's a hand held radar gun, the cop will generally turn it off before going after the speeder. If it's mounted inside the patrol car, the cop would have to allow you to sit down inside his car to see it. Thats just not going to happen. Regardless even if you do see it, that doesn't prove that it was your car was radared. It's just your word against the cops, and the judge will always take the cops word over yours.
Yeah, I wasn't necessarily saying that you should ask to see it every time you're pulled over for speeding, only that it is within your rights to see it as part of a potential "probable cause" defense. As in, did the cop have probable cause to pull you over in the first place? ...it's not like we live in a police state (although there are some who would dispute this ) where the police can pull you over for any dang reason they feel like.

As for asking to see the radar, it's a judgement call imo. If you know that you were obviously speeding, then OK, he "got you"...what's the point? But if the speed you are accused of driving at sounds way off...you should be able to see the "evidence" of that without any negative repercussions. Having said all this, I can only remember requesting this once, and in that instance, the officer was happy to oblige. There it was in red LED for all to see: 78 in a 55.
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Old 08-18-2011, 12:48 PM
 
Location: Edgewater, CO
531 posts, read 1,145,774 times
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FYI, the cop does not have to show you his radar. It is quite a common misconception.
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Old 08-19-2011, 06:12 AM
 
Location: Coos Bay, Oregon
7,138 posts, read 11,023,413 times
Reputation: 7808
Quote:
Originally Posted by TechMike View Post
FYI, the cop does not have to show you his radar. It is quite a common misconception.
I agree, but just to finish the debate here is a quote from a Colorado attorney.

"I know of no Colorado requirement for the officer to show you the readout from the radar."

Do I have a right to view the radar reading to verify the value the officer "clocked" me at? - Avvo.com
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