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straight to trial

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yamaha

Junior Member
What is the name of your state (only U.S. law)? iowa
i got a speeding ticket and the officer was unethical so i thought i would fight it and maybe get it dropped or lowered because it was a passing speed and not my traveling speed. the ticket gave a date and time to appear in court to enter my plea or pay the fine before but when i showed up there was no court, locked door lights off. the clerk told me no court today and if i wasnt going to pay she would take it upon herself to enter a not guilty plea. can the state just skip my arainment ? i have now received a letter with a trial date.
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? iowa
i got a speeding ticket and the officer was unethical so i thought i would fight it and maybe get it dropped or lowered because it was a passing speed and not my traveling speed. the ticket gave a date and time to appear in court to enter my plea or pay the fine before but when i showed up there was no court, locked door lights off. the clerk told me no court today and if i wasnt going to pay she would take it upon herself to enter a not guilty plea. can the state just skip my arainment ? i have now received a letter with a trial date.

Let's start at the beginning. Why do you think the officer was unethical? Why do you think passing allows you to break the speed limit?
 
I don't know about the procedural rules of Iowa, so I don't know if they can just skip the arraignment and take your plea in that manner, but honestly the arraignment isn't that big of a deal. All you do is plead guilty or not guilty. There's no opportunity for argument at this point in the trial. If you had been interested in a plea agreement, that would have been the time to do it, but I suspect the judge would still allow you to attempt a plea deal on your court date because there was no arraignment.
 

Zigner

Senior Member, Non-Attorney
...it was a passing speed and not my traveling speed.
Your total defense is that you were speeding only while passing?

Really?

So, you intend to "defend" yourself by admitting to the charge?

Really?

:rolleyes:


(You aren't allowed to exceed the posted speed limit, even when passing.)
 

Proserpina

Senior Member
This is the dumbest defense to a speeding ticket I have ever heard in a long time, and has zero chance of success.


Agree wholeheartedly with this and Zig's post.

I mean really?! Poster seriously thinks that's a valid defense?!

C'mon now! My doggy would understand that's ridiculous!
 

yamaha

Junior Member
sorry i didnt give my entire defence here. my point to the unethical cop is he allowed me to speed for miles without pulling me over, he was behind me and had a radar locked on me but waited to get my fastest speed while i passed a car. would he allow a domestic abuse to continue until teeth were knocked out, would he allow a drunk driver to go down the road until he commits vehicular homicide, why let me speed until i went fast enough to loose my license? i know i was speeding but he could have stopped me at that. it is in heavy traffic and i drive offencively, i addmit it, i have 20 years on a motorcycle with no accidents or tickets because im not waiting to get rear ended in after work traffic. not saying i shouldnt get a ticket just not the one i got
 
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Zigner

Senior Member, Non-Attorney
sorry i didnt give my entire defence here. my point to the unethical cop is he allowed me to speed for miles without pulling me over, he was behind me and had a radar locked on me but waited to get my fastest speed while i passed a car. would he allow a domestic abuse to continue until teeth were knocked out, would he allow a drunk driver to go down the road until he commits vehicular homicide, why let me speed until i went fast enough to loose my license?
So NOW your defense is that you were speeding to pass for miles with a cop behind you.

Really?

Really?



:rolleyes::rolleyes::rolleyes::rolleyes::rolleyes:
 

FlyingRon

Senior Member
Cops being "unethical" may get them in trouble, but it usually has NO BEARING on the guilt of the criminal.

Following suspected violators around is perhaps not sporting, but certainly not unethical. None of your analogies makes any sense. No direct public harm was likely to ensue from what happened. Police follow criminals all the time even after they have committed some offense to see if it leads to something else or generates supporting evidence.

There's only one state that I'm aware of that permits drivers to pass in excess of the prima facie limits and even then only in certain circumstances and it's thousands of miles away from Iowa.
 
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Zigner

Senior Member, Non-Attorney
To me "passing lanes" make no sense. If everyone did the speed limit there would be no need to pass.
"Passing lanes" do make sense in certain circumstances. What if a large vehicle is unable to maintain speed going up a hill?

In CA, vehicles that are towing are restricted to 55 mph max. Shouldn't one be allowed to pass them while still remaining at or under the speed limit for vehicles that are not towing?
 

yamaha

Junior Member
no passing lane i was traveling on a two lane road, probly speeding, went by cop that was at a stop sign waiting to pull onto the highway i was on. he had to wait for traffic so he was a mile or so behind me with cars in between. he drove like hell to get behind me, followed for miles just out of sight behind me then when i made a pass caught up to me and said he got me at a top speed during my pass, i know im guilty not my point, i would like to reduce this ticket, i know how dumb i am for speeding, not the point, came here for advice, get it? i was also given a date and time to be in court, no one was there, i feel the system is off. i took off from work to be in court, if i didnt need to be there the ticket should read "call the clerk if you want to plead not guilty"
 
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TheGeekess

Keeper of the Kraken
no passing lane i was traveling on a two lane road, probly speeding, went by cop that was at a stop sign waiting to pull onto the highway i was on. he had to wait for traffic so he was a mile or so behind me with cars in between. he drove like hell to get behind me, followed for miles just out of sight behind me then when i made a pass caught up to me and said he got me at a top speed during my pass, i know im guilty not my point, i would like to reduce this ticket, i know how dumb i am for speeding, not the point, came here for advice, get it? i was also given a date and time to be in court, no one was there, i feel the system is off. i took off from work to be in court, if i didnt need to be there the ticket should read "call the clerk if you want to plead not guilty"
Alrighty then. :cool:
 

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