He needs a map of the area (to scale). He needs to make the cop testify as to the positions of the cars when he first spotted the Cooper, where they were when the magical and wonderous radar was triggered, and the positions of the cars when the apprehension was made. The cop also needs to testify how much time elapsed between these occurances.

With a little math and physics, he may well PROVE that he is innocent of the charge.

Don't forget, a police officer is supposedly a professional observer and therefore should be able to provide these details. After all, he is bringing a criminal case against the defendant.

Guilt in criminal cases must be proven BEYOND THE SHADOW OF A DOUBT. Halfway through 2nd gear puts my car at around 40 mph...hardly deserving of being on the FBI's Most Wanted List.

In the USA that I learned about in school, a person is innocent until PROVEN guilty (not merely accused). The USA that I live in is somewhat different, unfortunately.

Based on the original post, I HIGHLY doubt that he was running that fast. Take some time and try to replay the scenario in your heads and give it some thought. Also remember that radar sends out a 15 degree cone of signal, and that the strongest bounceback signal is what gets displayed on the readout. It is NOT a pinpoint device. I also factor in my personal experience of clocking a stationary toolbox with radar at 96 mph...I think the OP is most likely innocent.

I didn't take into account the taller gearing of the earlier models when I made my earlier post, and I also ASSUMED (we all know what that can do) that the car in question was a Cooper S. It wasn't. I was wrong.

A Cooper or Cooper S can do 64 in 2nd gear depending on year model, BUT it takes QUITE A WHILE and a SUBSTANTIAL DISTANCE for a Cooper to reach 64 mph. (Take your map and see where and when the Cooper COULD HAVE reached 64, but don't show it in court until the cop testifies EXACTLY where you were) If he measures the distance from the turn he made to where he was apprehended and that distance is less than a Cooper can reach 64, then the gov't has holes in their case and they FAILED to prove guilt beyond the shadow of a doubt.

I admit, I am biased. I always root for the underdog. I also live in a jurisdiction that is famous for being crooked and corrupt. Even LEOs in neighboring communities will talk freely about the abuses that go on here.

Now, with all that said....Chows asked me how I think it'll play out:

I think the original poster is actually innocent of the charge. I also think that he/she has about an 80% chance of being "found" guilty and therefore being unfairly penalized in some way.

Still, I wish him/her luck,

Rawhyde

 

I have been an observer in many court rooms and people with speeding tickets normally get to plea out for a lesser charge, reduced fine and no points. Rarely anymore do you even go the judge because of courtroom back log. If this is in Miami I'm sure they are back logged.

Also call the states attorneys office and see if they offer a work program or something to that effect.

Even if you go to court and the officer shows you still have a better chance to get it reduced than to pay the whole fine. Ask for probation before judgement, most judges are ok with this. The worst case scenario is you go to court and the judge says pay the fine and the points. The best is stated above. If you rollover and pay that's on your record for at least 3 yrs and 5 on the insurance list of offenses. GO TO COURT!

 

The issue will be how much over the posted limit you were allegedly going, rather than the actual speed. In many states 15 to 20 mph over the limit = court appearance. You should take this seriously, as you are accused to have been going more than double the posted limit. Most judges don't take kindly to people who endanger others through their reckless behavior. Time of day, weather conditions, traffic conditions, urban/suburban/rural setting, kind of road, etc. all may influence a judge's decision for or against you. From what you've stated, this wasn't a speeding ticket on the freeway, this was an urban (residential) assault.

It seems like Florida treats 30mph over the posted limit as a bright line for a mandatory court appearance. Fines of $250 plus associated costs look likely. The judge will take this for what it is, and I doubt that there will be much in the way of mitigation. There is a driver's intervention program available for those who are under the 30 mph obligatory court appearance, but I didn't see this as available for those clocked over that limit. I hope that a license suspension isn't in your future, it seems to be available for repeat offenders, or those with commercial licenses who exceed the limit by 30 mph.

 

I agree. Fighting that extreme of an offense isn't going to help too much. I mean, how can you really plead innocence at that point? Be thankful that you didn't get impounded for doubling the limit and pay it up...

 

Agreed!
I can't believe that you are getting off with just a ticket and a fine.

 

I like how in all the threads about speeding, everyone says "oh well obey the laws, maybe you shouldn't have been speeding" but I bet that you guys aren't little angels on the roads either.........!

 

Posting about excessive speed violates the Site Guidelines.

5. LEGAL
Posts relating to street racing, excessive speeding, or violations of other laws are prohibited. If you want to race, take it to a legal venue.

I don't know about Miami, but in California, 20 mph over the posted speed limit qualifies as reckless driving and is a very serious offense. I suggest the calibration approach mentioned earlier in the thread, as well as finding out if you qualify for traffic school.

 

Actually, I'm pretty good when off the track. I've never doubled the speed limit in a residential zone at least.

 

I have indeed gotten a couple BIG tickets myself... but I say if you're guilty, you've got to suck it up and pay. Can't blame the system for your desire to enjoy more of your car's potential than the law allows

 

Personaly I think your being stupid even trying to fight this. Whether you where going 25 over the speed limit or 35 over the speed limit, you where still speeding. If this was on the Interstate or somewhere then that would be one thing, but if the posted limit was 30mph then it's posted that low for a reason. If I was the cop I would thrown your butt in jail right then.

Also, if your driving around in an Audi A8L or whatever you posted then you obviousely have the money to pay the ticket or you could get it so quit your whining and quit trying to work the system and just pay the fine.

 

Is it still violate the rules if he already got a ticket for it?

 

I got a 6pt $350 ticket(83 in a 55) a week before I ordered my MINI, almost caused me not to get it, but it got dropped to a 64 in a 55 2 pts and $77. I got really lucky, I was doing about *** before the officer turned around... never again. I learned my lesson and am scared that the is a cop around every turn

 

Did you fight the ticket or did you just go to court and they lowered it.

 

Might I ask where it was stated that the Officer was using RADAR and not LIDAR? With LIDAR an Officer is able to pick-out a certain vehicle and determine the speed of that particular vehicle.

 

Long story short, the Highway patrolman was unable to show because of proir obligatuions, the jugde said he would drop it to 2pts, and I took it and ran. It was in the boonies of SC and I am willing to bet the jugde just pocketed the money, he said he couldnt drop it all together because the trooper was on offical duty or some BS like that.

 

Yeeeessh!! Didnt say the A8 was my car did I? No, I didn't. Calm down buddy. It's not mine, it was my dads and I was driving him to the airport. I got the calibration report and the cop hasnt calibrated that gun in over a month, they're supposed to do it every day, yet none of them do it..

 

Fair enough. When I've been to traffic court (shh!), sometimes they let you plead it down upfront (e.g., no points, double the fine, etc.) but those were for under 20 over. My guess is if they offer a deal ... take it. It will be a gift.

If they don't offer a deal and he has to fight it. I wish him the best but although "you have to be proven guilty beyond a reasonable doubt", if it comes down to the police offer versus ... I was driving in second gear, he will lose. Sometimes life works like that ... especially because its 30+ over the limit. Trying to get out on a technicality ... wishful thinking. The cop WILL show up and he will have the documentation. That may have worked 20 years ago but they know all the tricks now.

Well, it was a nice thread while it lasted ... especially after Ms Clover warned you.

IB4TL

 

I'm with Chows this time....

IB4TL

...Les

 

Its crazy how many times people are warned about speeding. Yet they still do it. Amazing.

 

And here's the thing you don't realise, the cop doesn't need the radar to get you. His testimony of your speed just based on the fact that he is well trained in speed estimation techniques would be enough to nail you if you were as far over the limit as it seems you were.

IB4TL.....

 

GO TO COURT! Talk to the DA and if he won't plead down pay the fine and move on. The least you do is try. All of the so called "Just Pay the Ticket" people apparently haven't looked at the BIG picture which is 2 to 3 years down the road when insurance rates double or triple because of this ticket. If you think I'm wrong get a FREE consult from an attorney and see what kind of vibe you get. TRY!TRY! Fight until you are the last MINI standing!

 

Viva La MINI!

 

Well, it was a nice thread while it lasted ... especially after Ms Clover warned you.

IB4TL [/quote]

Sorry, but it helped express my point. I have learned my lesson and will never excessively speed again. I beleive every Teenager like myself needs to at least be pulled to scare the s*** out of them

 

Or you could try not driving like a jackass.

 

I like your logic ma78 haha