My favorite ticket story ever:

I got tagged for going 21 MPH in a 15 MPH school zone. It was in a small town in Wyoming and I was wearing New York plates. You see, the officer was not fond of outsiders, especially New Yawkers. Fight it? I don't think so.

Christomapher: Carry your plate with you, mounted on a plate holder, and claim it fell off. That will sometimes get you a warning instead of a ticket.

 

I notice you posted this on the 27th. What most likely happened is that it was getting close to the end of the month and the cop needed to pad his ticket quota for the month. I'll probably get on a few people's bad side for saying this but the unfortunate truth of the matter is that cops lie and will make stuff up when it suits them. Now, I know not all cops are like this but there are enough of them that are like this that it leads to countless situations like yours. And what's worse, traffic court is essentially a kangaroo court. As long as the cop shows up, it's his word against yours and the cop's word is generally held as gospel in a court of law because according to the judge, well.......why would a cop lie?? And cops know this very well so all they have to do is claim that you were speeding and the judge will believe them.

Traffic court is a complete sham and turns our justice system totally upside down. In any other court of law, you are presumed innocent and the burden of proof is on the prosecution to prove your guilt. In traffic court, you are presumed guilty and have to prove your innocence while the prosecution has to provide absolutely no proof. Just an accusation from the cop is all it takes. No evidence, no radar logs, no video, no nothing. Just a cop saying "I saw him speed...." and that is considered overwhelming proof of your guilt. It's a complete scam.

Good luck.

 

Your post is factually incorrect. You write "while the prosecution has to provide absolutely no proof" ... and "no evidence..." A police officer saying he saw you speeding is proof in exactly the same way an eye witness to a crime giving testimony on the stand is proof. "I saw that man shoot the shop clerk while he was robbing the store" is the same type of evidence as "I saw the driver speeding." The police officer is an eye witness to the speeding. His word is evidence and the first offer of proof.

I take that OP here at face value that he is telling the truth and was not speeding. But the number of police officers lying about seeing a person speed versus the number of speeders LYING about speeding?? I'll go with the cop on the majority of cases.

 

 

Absolute fact... cruise set at 71 and not touched for over 30 minutes and both wife and I would swear in court to that. We all know the Mini speedo is off by a few mph to protect BMW so actual speed was less.

Original question asked if the Mini's computer logged MPH. Doubt it would stand in any traffic court. Another post recommended getting toll log. I went through two high-speed bypass tolls without changing cruise control or brake/throttle prior to being stopped. I also doubt any such thing exists and the Highway Patrol would argue I did change speed.

Wife and I are resigned to the fact there is no way to fight 'city hall' without unbiased data and the Highway Patrol will always win in court if it's our word against his.

 

It may be a hard case to win. This dad installed a GPS tracking device on his son's car. When the kid got a ticket for 62 in a 45, the GPS showed he had been going 45. At the time of this article, the city had spent $15,000 so far fighting to enforce the ticket (they claim if they backed away it would undermine their radar system). Story is back from 2009, cannot find a resolution to how it went, but I thought I had seen the story on TV and the court had ruled against them and for the city.


Your best bet may be what someone else (in another thread) suggested: go in and say you want a court date to fight the ticket, then let the court scheduled the date. Later call the court and ask to reschedule the date. The suggestion was that the court tries to schedule all of an officers contested tickets at one time if possible, and when you move it, you may end up moving it to a time when the officer cannot attend. If the officer cannot show, the ticket is thrown out.

 

I would take yourself and your wife to the court date. I would politely, but adamantly recite the facts as you have stated them here. I would also be respectful of the officer and say something to the effect that while you are sure the officer is being honest it must be a case of the radar picking up someone else besides you. If that doesn't work then ask for a jury trial and tell the judge that it is that important to you to retain your dignity and that if you cannot convince the judge or the officer you are innocent you would like the opportunity to convince a jury of your peers.

 

I have gotten pulled over twice in the last month both times I did not recieve a ticket. Both times I was speeding. I did get a driving without my license ticket. Also I have received a butt load of parking tickets. Find a good lawyer and take that ticket to court.

 

HOLY CRAP!!! I had almost the exact same situation happen last November. I'm pulling into the employee parking lot, about 4 miles off the highway when I see a Police Charger screaming around a turn with lights blazing. I pulled over and when the officer approached, I asked him what the problem was. He said I had been tagged by another officer on the highway, going the opposite direction at a high rate of speed and he was going to detain me until the other officer arrived. I sat there for 20 min and when the arresting officer arrived, he charged me with doing 116 in a 65. I told him that there was no way i was going that fast, maybe 70-75. He gave me the ticket. I got a lawyer who argued that the officer that pulled me over had no probable cause (only make and color), no license tag or physical description, not able to identify any particulars such as did the car have stripes or not, plain or graphics on the mirrors, etc and the charges should be dropped. Well, I had to pay court costs, but the charges were dropped. I had anxiety issues for over 6 months due to that ticket, and then when I got another at the Dragon (which I was truly at fault for), I was really panicked!!!

So my advise from now on is to always hire a lawyer!

 

I absolutely do believe you. Not every LEO is honest, and some can be honestly wrong.

There ya go, and instance where at least two LEO's were not lying, and let you go with just a warning. Not all LEOs lie.

Problem with that is attorneys cost money ... sometimes more than the cost of the fine (although no points on your record if they succeed).

 

Join the National Motorists association!

They were instrumental in repealing the national 55 speed limit.

They have all kinds of resources to help you fight a ticket and if you fight a ticket and lose, they will pay the fine!

http://www.motorists.org/

Dave

 

Agree. Use the NMA's resources to make yourself smart, then fight the ticket.

 

If the OP was tagged using radar, try this:

Plead "Not Guilty"
Contact the police officer directly (or his supervisor) and inform him/her you have plead "Not guilty" and are disputing the ticket (via certified mail). In this correspondence, request the following be brought to court:

The Officer's training record, showing they have had their annual/bi-annual training on the use of the radar gun

The calibration records for said Radar gun.

The survey records that show the approved roads/areas to use said radar gun (the roads have to be surveyed to be defensible in court due to metal road signs and such that will throw off a radar return).

Finally, ask them to provide a copy of the FCC license that department has to show they are allowed to operate said radar gun.


Generally speaking, usually at least one of these items is either expired, out of date, or out of calibration.

Bottom line: Police Officer doesn't show up to court, or if he does and doesn't bring the documents requested, case is dismissed.

 

OP's problem was over a year ago . . .

 

Well then...