Help with fighting a speeding ticket.

[truhavoc]

I was legitimately speeding (probably 72 in a 65) and was passed by an out of state SUV (with a "W" sticker) going above 80 easily. I pulled behind it to pass a slower car in my lane only to see a cop pulled over once I reached the fast lane. The cop pulled us both over, and then let the suv go! I was ticketed for 79 in a 65, which there is no way I was going that fast and the guy tacked on a $81 ticket for "obstruction of view" due to my bumper stickers placed on the very bottom of my rear window, and another $81 for an obscured license plate (a tinted cover that I had no idea was illegal).

Any ideas on how to fight this in court? I have a court date on friday morning and CANNOT afford this on my record, my job depends on having a clear driving record and a second violation within the next 3 years would get me FIRED!!

[JimmyJazz]

1. what state?

[mrboba1]

2. lawyer.

Too much at stake to not get one.

I had the same situation - passed by a Lexus, ticket for 80 in 65 when I was going 72. None of the other stuff though. I just went in and had it reduced, but you have too much riding on the ticket.

Get a lawyer.

[Richardo]

5. Usuallly, I'd say go to court. but with high stakes, I second 'lawyer'.

With a job at stake, you need aprofessional that knows all the options (Defensive driving, rules of evidence, etc).

Good luck!

[trotsky]

3. Search around

Depending on how much work you want to do, you can reach a near 100% certainty of having your ticket dismissed.

Things like demanding to see the radar gun's calibration tests, a record of the cop's training on the gun, etc. Basically you keep requesting papers until you find something that the department doesn't have.

Also it is not uncommon to take it to court, and the ticketing officer doesn't show. Case dismissed.

[ohiosmith]

4. You're toast. Plead no contest and request permission to state your case.

You have no defense to the charges relating to the stickers and tinted license plate cover: any non-original equipment may be considered illegal. Good luck.

[underpants]

6. Get your spedometer calibrated

Take that to court and it could make it a little lighter penalty.

Other than that I have no idea.

[Ready4Change]

12. Might make matters worse.

Most cars speedometers read about 5mph high, ie if it says you're going 72 your actual speed is around 67mph. So if the policeman has you recorded as doing 79, that could be used as evidence your speedometer must have been reading 84 mph, thus indicating that you must be lieing.

Better to plead guilty and explain your circumstances in hopes of getting a lightened penalty.

My two cents.

[sui generis]

7. go to court and fight it

three things could happen

1. the cop might not show - it happens a lot

2. explain your case. Tell the judge you are a reasonable driver but that you don't believe the police officer used professional discretion in this situation. Tell him you have removed the the tinted cover but that you were unable to find that law on the books after a reasonable layman's search. Also tell him that the obstruction of view ticket is extraordinary and should have been a warning. Make the statement that you believe that the nature of the stickers is what caused the police officer to write tickets for obscure and unreasonable offenses that should technically have been given as a warning first.

3. you might lose - but you will have done the right thing and challenged the guy. Explain to your boss in writing what happened and that you are contesting it and why.

[Surf Cowboy]

8. Get a lawyer. Your job depends on it. A no-brainer. However,

Now that we're past that part, if you don't get a lawyer, you should:

1) Get your speedo calibrated and have the mechanic sign an affidavit regarding it's inaccuracy.

2) Go to your local law library and research traffic offenses, non-moving violations, in particular, non-original equipment. Bet your ass that someone in your state has appealed a bumper-sticker conviction at least once. There should be law on this issue.

3) Demand that the officer provide his log for the day that you were pulled. Ask the officer why the first driver was let off without a ticket when you were given one while pacing him. Second, ask the officer about the bumper sticker on the first car. Ask him about your bumper sticker. If he says he didn't notice, call him on it--he wrote you a citation for it--obviously he noticed.

4) Demand that the officer produce proof of calibration (in most states the radar must be calibrated within 30 days of use.). If he can't produce it, move for dismissal.

**If you can't get the judge to force the cop to produce the log of his stops that illustrates two cars pulled and only one ticketed, then appeal the conviction to the next level. You should get a trial de novo on the merits (new trial). At this level, you can subpoena the cop's notes, logs, etc....

You are trying to prove selective enforcement/prosecution, and you have a fair chance at it if you can get the log/records/notes into evidence. Also check and try to subpoena any video the officer's car may have had. Also, find out about the judge. Is he elected? If so, which party? If Dem, then definitely hit on the bumpersticker issue--if Repuke, good luck.

[truhavoc]

9. Just a follow up, the State is Ohio, City Columbus

I was on the interstate between two suburbs. Would the law on my license plate cover only have to been in the city of infraction or also the city where I live?

[ohiosmith]

11. It's typically at the discretion of the observing law enforcement official

whether it's municipal, county, state, or federal.

[BlueJazz]

14. Ohio ! It Figures.

About 15 years ago the NTA (National Trucking Association) called the
Highway Patrol in Ohio "The largest pack of organized Assholes in the USA" ...I'm not shittin' you.

Truckers tell tales of being stopped in Ohio and receiving a $80.00
ticket for having ONE top Trailer light Dim (That's right..Dim, not off)...By Top Trailer lights, I mean those 15-20 little lights that are Clearence markers on the trailer.

What a bunch of Bastards.

As for your Ticket..Fight it!...With the courts being full you should be able to get the charges reduced.

[mark414]

10. google it

there's a lot of good information out there on tips for fighting tickets

and i'm assuming that your stickers were either pro-kerry or anti-W? you could also make the case he was biased in letting the "W" SUV go.

[skygazer]

13. Good luck

But I doubt it you'll get anywhere. It's almost impossible to fight a speeding ticket. It's your word against a cop's and any judge is going to believe a cop rather than some guy they don't know who's fighting a ticket. That's just reality.

My advice? Quit speeding. Harsh but like my grand-dad used to say, don't dance if you can't pay the fiddler.