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  #46  
Old 12-02-2011 | 07:18 AM
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Originally Posted by Howie
Remember this! This is exactly what the police do when they are asking you questions and the reason I successfully beat my charge in court.

HOW TO BEAT A SPEEDING TICKET - THE BASICS

STEP 1: INNOCENT UNTIL PROVEN GUILTY
If you forget everything else, which is often the case when you are nervous or afraid of an intimidating cop, remember the NUMBER ONE RULE: You must NEVER admit to the speed offence. They are looking for an admission of guilt (in many states and western countries they are now recording your conversation). In my case, I remained silent, since I was not brave enough to say anything else (and it was my right). The textbook answer is to respond with a polite denial of the charge with the acknowledgement the officer's opinion which you do not agree with.

STEP 2: DEFEAT THEIR SO-CALLED 'EVIDENCE'
They will try to bully you with so-called evidence, some even fabricated, with any means at hand. The devices they use; Radar, LIDAR, counting seconds between landmarks, tailing etc..., all of which is NOT SCIENTIFIC PROOF. It is only a subjective judgement made on an objective device; those devices & methods have to be interpreted by a human and therefore not infallible. They must prove, beyond reasonable doubt, that you committed the alleged offence. E.g., LIDAR guns have to be aimed, with reasonable accuracy, even if the machine tells them they have a 'lock', the LIDAR gun does not say "I have locked onto the Porsche". The officer is the one who makes that judgement. (I defeated a LIDAR measurement made by a KUSTOM SIGNALS PRO-LASER III LIDAR gun, even though it was taken in a stationary position on a clear day with no obstruction.)

STEP 3: ALL (WO)MEN ARE CREATED EQUAL
Your defence, should be that you were travelling at the posted speed limit, and that you are a citizen of 'good character' (helps if you don't have a criminal record) and therefore you would not lie to the court. So that it now becomes a matter of 'your word' vs 'the cops' word'... With all things being equal, (which under a fair justice system it should be) you are a good citizen who pays your taxes and you have no criminal record. Why should your testimony have any less weight than that of an individual cop? Your evidence has the same weight of the officer's. The court is now presented with reasonable doubt and under these circumstances cannot convict.

This is what I did in my case last month, in the District Court of NSW Australia, successfully beating a $1800 ticket and a 6-month license suspension for 'allegedly' travelling 100+mph in a 60mph zone.

Of course there are a myriad of laws that apply in the jurisdiction of the state (most of you I assume are in North America), but the same generally applies: You are Innocent until Proven Guilty.

Good luck to you all!
Howie
This doesn't seem to really fit the stories reported so far. In the US, seems like a radar or laser reading is considered strong evidence, denial makes officers angry, and an officer's testimony is given more credence than the defendants. What do you guys think? Maybe things work differently in the US vs Australia?
 
  #47  
Old 12-02-2011 | 08:01 AM
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I've read that if you intend to challenge the violation, particularly with a lawyer, that you absolutely must not admit to guilt.

Perhaps the calculation is a bit different if you are simply trying to get the officer to write you a warning.
 
  #48  
Old 12-02-2011 | 01:33 PM
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102 in a 65. Went to court, cop no-showed, ticket was thrown out.
 
  #49  
Old 12-03-2011 | 01:02 AM
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Got written up for 90 in a 60, but didn't really know how fast I was going (didn't look down at the tacho / speedo). It happened on I-5N just before the 520 split, at about 06:00. I was on my way to work and the cop did not believe me when I told him what I do for a living (Anesthesiology). In addition, he wrote me up for failure to show insurance, and following too close. I got a ticket that totaled almost 900 bucks.

I hired a lawyer and got it thrown out in no time.
 
  #50  
Old 12-03-2011 | 06:49 AM
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I've never hired a lawyer to deal with a speeding ticket because I couldn't imagine what a lawyer could do that would help. But based on these stories, apparently I'm wrong. So what's the secret? What do lawyers do that we can't do ourselves?
 
  #51  
Old 12-03-2011 | 07:19 AM
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Originally Posted by Manifold
I've never hired a lawyer to deal with a speeding ticket because I couldn't imagine what a lawyer could do that would help. But based on these stories, apparently I'm wrong. So what's the secret? What do lawyers do that we can't do ourselves?
I'm going to find out next month if my lawyer has a magical elixir....

I was pulled over in Sept on the New England Twy by a side firing unmarked NYC hwy car - said I was doing 70 in a 50 (if that be the case we all were doing 70, it was rush hour!) I saw him a sec. too late, then my detec. went off! I figured it was me (big believer in Murphy's Law) & of course it was. Pulled over, had all paper work for him, he spoke to me, I just said "sorry" & was vry polite. Next day I hired lawyer and he filed for hearing. So my time is coming up and we shall see...
 
  #52  
Old 12-03-2011 | 07:56 AM
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Fastest was... in 1988 on I-87 in Saugerties NY was driving my g/f's(now wife) '86 IROC-Z. We were driving home from Albany and playing cat & mouse with an '85? Grand National. He was blowing my doors off, as we were maybe going from 65 to 100+ for a few sprints (all I could say is he just pulled away from us so quickly each time). At one point I remember looking down at speedo & speedo was planted at the 85?(the highest number back then) and tach was at 4K rpm (I think redline was 4.5K) & I was in overdrive. A few seconds later a tiny dilapidated Dodge Aries(?) caught up to us, threw on a dash light and pulled us over. Boy was he pissed at us; recklass driving and all. Showed us a badge and told us to wait in our cars. Not sure why till later when trooper showed up. The guy who pulled us over was a county clerk. This trooper, who looked like a constipated Boss Hogg, got each of us in his car alone and read us the riot act, I thought I was going to be violated! Surprisingly he made one of those offers that you can't (better not) refuse: I'm going write you for going 65(can't really remember) in a 55, BUT you'd better not dispute it cause then I going to get you for for doing over a 100!. so being scared s#%tless I heeded his advice and closed that chapter of my life, fighting it was not even a consideration. G/f drove home, felt like an *** for a few days - but have never forgotten how I could have hurt or killed those around me. Stupid, stupid, stupid...
 
  #53  
Old 12-03-2011 | 09:24 AM
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I was caught doing 85 (35mph limit) on an on-ramp, I was actually going over 100. The cop followed me for 5 miles then pulled me over. He asked me what's the rush? I told him I was giving a demonstration for the wife on how my 968 handled.
After merging on the the highway I slowed right down to 65. He acknowledged that I had slowed once on the highway, then he told me that I was really going much faster than the ticket was written for.
I got out of it by fighting it, he never showed up in court.

Just before that, I drove from Limerock park , to eastern Ma, without a bit of exaggeration, at over 100 for 2 hours straight being paced by of all things a Maxima with a family on board. They led than I led for a while, back and forth the whole way. I got away with that one, but I learned a lesson.

In a rental car going from Boyton beach FL to Fort Myers. Buzzing through sugar cane fields at 1:00am, doing over 130 (over 1.5hours) a family of racoons decided to get to other side of the road. I aimed at the middle of them and luckily they moved in time. I slowed way down and realized that if I had gone off the road they my not have found me til harvest.
I'm addicted to speed and made it from Fort Myers to Tampa in 1 3/4 hours. That was a long time ago!!!!!

Now I save all that crap for the track. That's why I bought a race car.

I once outran a local cop on a Yammy 1000, it was funny as hell. I parked the bike and watched them run around looking for me, I even talked to them:-) They told me usually bikes that run, crash hard.

I could On & On!! tons of stories from my younger days.

Go ahead flame away, I know I was a terror on the road. Not anymore I now have respect for my fellow road mates.
 
  #54  
Old 12-03-2011 | 09:50 AM
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^ No need to flame. Most of us did such things when were younger. I crashed two cars in those days, and fortunately nobody got hurt. I still drive fast sometimes, but I'm selective about where and when I do it, and am very attentive to risks, so I wouldn't call myself reckless anymore.
 
  #55  
Old 12-03-2011 | 10:30 AM
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Originally Posted by Manifold
This doesn't seem to really fit the stories reported so far. In the US, seems like a radar or laser reading is considered strong evidence, denial makes officers angry, and an officer's testimony is given more credence than the defendants. What do you guys think? Maybe things work differently in the US vs Australia?
It doesn't fit because none of the stories so far are trying to. This is in relation to challenging a speeding ticket charge in court.

You mentioned "it seems..." This is also what I thought and all my friends thought too, here in Australia. It is the perpetuated myth that the authorities would have you believe it, to keep you from challenging their revenue raising tactics.

If the officer gets angry, who cares? Let them vent... If it's being recorded, even better. If or when you're called on the stand, force them to play it to the judge so he/she can see how unprofessional they have acted.

Being polite doesn't mean to be 'apologetic'... I did this when I was being pulled over. It was recorded then transcribed for the court as evidence. The prosecution tried every way possible to draw from my words, that being 'polite' was somehow an admission of guilt! Trying to make an adverse inference from silence or apologetic-politeness did not prove their case; they were clutching at straws. They did this after I had shown a doubt in their LASER gun evidence.

Originally Posted by cavsct94
Perhaps the calculation is a bit different if you are simply trying to get the officer to write you a warning.
You should also consider that some cops will try to make you feel obligated, in some way, to say something to address the situation, like "What's the rush?", they're simple and disarming questions to make you feel it's okay to explain yourself... That is a fool's trap. They try to make you feel that you can somehow 'get off lightly' or 'with a warning'. It might work, but you don't know for sure... Be warned! If you do this, you are opening yourself up wide open and you'll be at the cop's mercy. Better to shut your trap instead; the cop will have already decided whether to book you or not, in advance.

Another word on the 'evidence'... Yes, it is evidence, albeit CIRCUMSTANTIAL. The aim of the game is NOT to say that the machine is defective, inaccurate, etc etc (they have testing certificates to prove this in court - so you have no chance), but to raise to the attention to the judge that the ACCURACY of the device RELIES SOLEY ON THE ABILITY OF THE (human) OPERATOR to aim the darn thing and say it was you! None of these devices has a CAMERA WITH A CROSS-HAIR mounted so the read-outs are nondescript. It shows a speed reading; that's it. There is no identifying information on the make, model, or registration of the vehicle measured. This identifying information is provided by TESTIMONY. I.e., "My LIDAR gun displayed a reading of XXX-mph [fact], and I obtained it from THAT PORSCHE" [testimony]. This is the main point because in a fair and just system, what would prevent an irate cop behind his quota to make up a bullsh!t reading by driving behind you at high speed, aim at a road-sign and use that against you when he pulled you over? It isn't strong evidence, it's just strong testimony. Your word carries as much weight as any other natural person, cop or not. They are not above the law, but an instrument; subject to the SAME oath that any defendant is offered to swear by in a court of law. This is why I mentioned good character. The weight of evidence, or believability of it, depends on the character of the witness. The burden of proof rests entirely with the prosecution. They need to convince the judge/jury of an argument with facts; not with a shiny badge, because there ARE such things as COPS WHO LIE, as well as people with NO criminal record who LIE too...

The part of reasonable doubt can be drawn from an explanation of another possibility. If there were other cars on the road, travelling next to you, it is not impossible that the officer had obtained a reading from the other vehicle and not yours. The cop will have testified that he believes that it was your car, but in actual fact obtained the reading from another. So in effect, the defendant and the plaintiff are both telling the truth, in their own eyes.

I am not a lawyer or posses any legal qualification. I obtained this knowledge from research and in the case of my last two paragraphs, was summarised from the Judge himself, who presided over my case. He had to explain this to the prosecution (and for the record) so they would understand WHY he was throwing the case out. I was so happy that I have since ordered the entire transcript on my ruling (still waiting for it) so I can frame it in my office as well as show it to others as proof and confirmation that: THE MACHINE NEVER LIES, BUT COPS CAN BE STUPID.
 

Last edited by Howie; 12-03-2011 at 10:37 AM.
  #56  
Old 12-03-2011 | 11:27 AM
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110 in a 55 on my motorcycle (much younger and dumber back then). It was a TX state trooper and the first thing he said when he got out of the car was "I guess someone's going to jail tonight!". He didn't actually take me in but he fine was almost $400...hefty for a 19 year old kid at the time. I'm just glad I lived through that period.
 
  #57  
Old 12-04-2011 | 09:45 AM
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NJ law allows you to plea down to moving violations to non-point infractions in one seven year period. You do this in court and people with attorneys are handled first.

I think Howie's attitude would bring you the maximum in NJ, where I've found a polite, humble and honest approach almost always gets you off with a warning or non-point ticket, especially with State Troopers.

I've only received point tickets (two in seven years) from town cops (who need to show they're doing their job). I've never received a ticket I didn't deserve and received many warnings for ones I did.
 
  #58  
Old 12-05-2011 | 05:01 AM
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Originally Posted by 0luke1
NJ law allows you to plea down to moving violations to non-point infractions in one seven year period. You do this in court and people with attorneys are handled first.

I think Howie's attitude would bring you the maximum in NJ, where I've found a polite, humble and honest approach almost always gets you off with a warning or non-point ticket, especially with State Troopers.

I've only received point tickets (two in seven years) from town cops (who need to show they're doing their job). I've never received a ticket I didn't deserve and received many warnings for ones I did.
NJ sounds nice... Here, I have never heard of anyone (in my circles) EVER being 'let off' with a warning. It is a known fact that the highway patrol make a sport of it.
 
  #59  
Old 12-05-2011 | 07:16 PM
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140+ in a 70

vehicle: Murcie

Had just picked it up (temporary tags) and was running my buddy that was driving my "upgraded" M3. State trooper took a picture with us - no ticket.

 

Last edited by DallasDave; 12-05-2011 at 07:27 PM. Reason: Added Photo
  #60  
Old 12-06-2011 | 01:01 PM
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Originally Posted by Manifold
I've never hired a lawyer to deal with a speeding ticket because I couldn't imagine what a lawyer could do that would help. But based on these stories, apparently I'm wrong. So what's the secret? What do lawyers do that we can't do ourselves?
My attorney was a former state prosecutor as well as police man who knew the judge and prosecution. My 28 over the limit was dropped to 10 over and the judge did not announce this in front of the court as it was a greatly reduced anyway. The only reason I got the ticket was because the State Trooper was getting mad at the state's decision to even accept my reduction . Its all about connections in this world...attorneys live in the court room so it all depends, my friend even had his attorney and his judge get into a fight, which is why he lost (and went to re-trial with another judge)
 


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