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Speeding ticket*** need good legal advice!!

Posted by Necee on 5/02/02 at 12:50 (082143)

HELP!!!

My hubby got his first speeding ticket in 15 yrs a few weeks back! My question is....has anyone ever fought their speeding ticket?
He disputes what the constable said about his speed and also the location of the 'so called offense'.
He even took a diffensive driving course to have the ticket dismissed only to find out afterwards that the course wasn't accepted because it wasn't 'state approved'.
I would appreciate any info.
Happy Trails...
Necee

Re: Speeding ticket*** need good legal advice!!

John h on 5/02/02 at 19:06 (082194)

Interesting Necee you should bring up the speeding ticket. A state trooper was on a radio program this morning and they were discussing beating a speeding ticket. Yes you can beat one but you better be right. If the radar gun has not been calibrated within one year you can have it thrown out. If the Police Officer who gave you the ticket does not appear you will win. Generally speaking you are going to lose unless you have some very good evidence to present the judge. Your word againt the Police Officer will get you no where.

Re: Speeding ticket*** need good legal advice!!

Necee on 5/03/02 at 08:02 (082280)

Thanks John for the advice.
Your so right about presenting good evidence, and its just our word against his thats for sure.
I looked up some info on the web and they showed the figures on how to determine if the radar gun was accurate......very interesting to say the least.
You know I don't have any problem in paying if the accusation was correct, but my hubby doesn't feel like he should have to pay for something that he knows wasn't right. I'm a firm believer in following the laws, my dad was a Dallas police officer and I have great respect for anyone in uniform, but right is right and wrong is wrong.
Happy Trails....
Necee

Re: Speeding ticket*** need good legal advice!!

Richard, C.Ped on 5/03/02 at 09:47 (082296)

I don't know if this pertains to only out of state speeding tickets, but I received one once when I was in North Carolina. A friend of mine who was a NC police officer told me to plead 'Prayer for Judgement'. What that did was to put me on sort of 'probation' in NC. If I was to receive another speeding ticket there within one year, my fine would be doubled.

Again, I do not know if this only applies to out of state offences or just in North Carolina.
Richard

Re: Speeding ticket*** need good legal advice!!

BGCPed on 5/04/02 at 00:37 (082373)

If his record is that clean have him ask the judge/magistrate to 'take it under advisement' that means that if he doesnt get another for 6 months or 12 months they will dismiss it and it wont go on record.

They really are just after the fine money, not anything to do with safety so making a lame argument like your car doesnt accelerate that fast etc. will just make them angry, they hear everything all day long.

Dont admit guilt but offer them an option that makes both of you happy. If he really has a good defense, that doesnt mean facts unfortunatly, lay it out and see what happens.

Good luck I have only beaten 1 by fighting but had a few dismissed after advisment.

Re: Speeding ticket*** need good legal advice!!

JudyS on 5/04/02 at 18:10 (082432)

Necee, I got a speeding ticket in San Diego about 12 years ago and I decided to argue it - but not because I wasn't speeding. I didn't speed deliberately and I didn't want it on my record (I take great pride in my clean driving record!) so I decided to go to a court hearing instead of paying the fine. I explained to the judge that, one, I was driving my husband's van and was very un-used to it, two, I was driving down a hill and, three, the police officer was stationed at the bottom of the hill - geez, who wouldn't have a little speed up! So, instead of the recorded ticket, the judge gave me a three-year probation.

Re: Speeding ticket*** need good legal advice!!

Necee on 5/06/02 at 18:26 (082706)

Thanks everyone for all the great advice.
I will pass this on to my hubby.
He does have a good driving record, no accidents, (thank the Lord!) and his last speeding ticket was about 10 yrs ago. So I hope that the judge will take that into consideration.
Happy Trails...
Necee

Re: Speeding ticket*** need good legal advice!!

John h on 5/02/02 at 19:06 (082194)

Interesting Necee you should bring up the speeding ticket. A state trooper was on a radio program this morning and they were discussing beating a speeding ticket. Yes you can beat one but you better be right. If the radar gun has not been calibrated within one year you can have it thrown out. If the Police Officer who gave you the ticket does not appear you will win. Generally speaking you are going to lose unless you have some very good evidence to present the judge. Your word againt the Police Officer will get you no where.

Re: Speeding ticket*** need good legal advice!!

Necee on 5/03/02 at 08:02 (082280)

Thanks John for the advice.
Your so right about presenting good evidence, and its just our word against his thats for sure.
I looked up some info on the web and they showed the figures on how to determine if the radar gun was accurate......very interesting to say the least.
You know I don't have any problem in paying if the accusation was correct, but my hubby doesn't feel like he should have to pay for something that he knows wasn't right. I'm a firm believer in following the laws, my dad was a Dallas police officer and I have great respect for anyone in uniform, but right is right and wrong is wrong.
Happy Trails....
Necee

Re: Speeding ticket*** need good legal advice!!

Richard, C.Ped on 5/03/02 at 09:47 (082296)

I don't know if this pertains to only out of state speeding tickets, but I received one once when I was in North Carolina. A friend of mine who was a NC police officer told me to plead 'Prayer for Judgement'. What that did was to put me on sort of 'probation' in NC. If I was to receive another speeding ticket there within one year, my fine would be doubled.

Again, I do not know if this only applies to out of state offences or just in North Carolina.
Richard

Re: Speeding ticket*** need good legal advice!!

BGCPed on 5/04/02 at 00:37 (082373)

If his record is that clean have him ask the judge/magistrate to 'take it under advisement' that means that if he doesnt get another for 6 months or 12 months they will dismiss it and it wont go on record.

They really are just after the fine money, not anything to do with safety so making a lame argument like your car doesnt accelerate that fast etc. will just make them angry, they hear everything all day long.

Dont admit guilt but offer them an option that makes both of you happy. If he really has a good defense, that doesnt mean facts unfortunatly, lay it out and see what happens.

Good luck I have only beaten 1 by fighting but had a few dismissed after advisment.

Re: Speeding ticket*** need good legal advice!!

JudyS on 5/04/02 at 18:10 (082432)

Necee, I got a speeding ticket in San Diego about 12 years ago and I decided to argue it - but not because I wasn't speeding. I didn't speed deliberately and I didn't want it on my record (I take great pride in my clean driving record!) so I decided to go to a court hearing instead of paying the fine. I explained to the judge that, one, I was driving my husband's van and was very un-used to it, two, I was driving down a hill and, three, the police officer was stationed at the bottom of the hill - geez, who wouldn't have a little speed up! So, instead of the recorded ticket, the judge gave me a three-year probation.

Re: Speeding ticket*** need good legal advice!!

Necee on 5/06/02 at 18:26 (082706)

Thanks everyone for all the great advice.
I will pass this on to my hubby.
He does have a good driving record, no accidents, (thank the Lord!) and his last speeding ticket was about 10 yrs ago. So I hope that the judge will take that into consideration.
Happy Trails...
Necee