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Speeding Ticket Deal - Was It?

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ljt99

Member
What is the name of your state? Ohio
A few days before this past Christmas I was pulled over for speeding. I know everyone says this but I was not speeding. The location was a few blocks from my home and I had seen numerous people pulled over in the week beforehand. When stopped by the officer, I had just turned onto the street from a 4-way stop. As soon as I came around the corner, I even told my 15 yr old son who was with me, "watch, there will be a cop sitting up here watching for speeders". Sure enough, about a block later we could see a patrol car sitting further up about two blocks away off on a side road facing traffic/the street. I glanced at my speedometer when I saw him and was going about 24 mph. We passed the officer and after I was about a block past him he pulled out and came up behind me with his lights on. I was fully expecting him to go around me on some call but he pulled me over. I thought maybe I had a tail light or brake light out. He came up and said he had clocked me (with laser gun) going 41 in a 25. I was flabbergasted and told him I had checked my speedometer when I saw him and was only going 24. He said he had clocked me 705 feet down the street. At that point (when I would have been 705 feet away from him) I was probably only about 200 feet from the corner I had just turned from and would have had to floor the accelerator to reach 41 mph in the short of a distance (which I didn't). Not to mention that I had been watching my speed since I was expecing him to be there. I did not argue with him, he was actually very courteous. This was the first speeding ticket I've ever received and have nothing else on my driving record. I pled not guilty at the arraignment a week later then proceeded to spend the next three weeks gathering evidence. Officially (via proper procedure) requested discovery; took pictures (enlarged to 8 x 10) of the scene, street, distance from his corner to 705 feet away (which I measured), etc; read more info about laser units than I'll ever need the rest of my life; and prepared cross-examination questions, testimony, etc. The pictures I took showed that the officer had numerous obstacles (trees, shrubs, power poles) in his path of vision--especially from a distance of 705 feet. I never did receive any of my "discovery" information and was planning to ask for a dismissal due to not receiving the discovery but fully expected that instead they would allow a continuance to give the prosecution time to get the discovery to me (although I also planned to resist signing anything waiving my right to a speedy trial). The prosecutor's office had already told me they had 28 days to present the discovery to me even though the trial was scheduled for 10 days before the 28-day deadline. When I did go to court on the scheduled date (1/18/05), the officer was there. The prosecutor came up to me and said "the officer was adamant he had clocked my car without a doubt but that he (the prosecutor) would offer to dismiss the charges at my cost". Basically I would pay court costs which he said would be $63 (ticket would have been $90 if I had paid initially) and everything would be dismissed. There would be no info sent to the BMV, no points on my driving record, etc. I accepted the plea bargain since I didn't feel it was worth the risk of losing and having the points applied to my record. I also strongly felt that the judge could have denied my pictures as irrevelant or inadmissable for some unknown reason, or that he may say the laser and officer's testimony were irrefutable, or that he and the prosecutor would "walk all over me" since I was inexperienced in the courtroom, and would be found guilty anyway. Not to mention that the trial would have probably been continued to a later date because of the discovery issue, which I wasn't willing to let go, and I would have had the whole thing hanging over my head for several more weeks. I drive a brand new car (2004 Honda) and pay more than enough insurance already. My son felt I had wimped out, that with all the information I had gathered that I had a good chance of beating it. He couldn't understand why I would agree to pay anything (which actually turned out to be $45 when I got to the cashier) if I was not guilty. I figured they (prosecution) didn't really care one way or another about my driving record but that they weren't really willing to give up the money (cash cow). I came away happy with the whole deal since it was dismissed and won't be on my record. My question is...........did I get a good deal or did I wimp out? Is it likely I could have won? And how can they charge me court costs if I was not found guilty? The actual verdict was "dismissed at the prosecutor's request". Can anyone give an opinion of this whole thing. Sorry my post is so long but wanted to give all the facts. Thanks for any replies.
 


S

seniorjudge

Guest
"...did I get a good deal or did I wimp out?..."
Good deal

"...Is it likely I could have won?..."
No

"...And how can they charge me court costs if I was not found guilty?..."
Because you agreed to pay.
 

NWO

Member
Don't listen to the cop advice in here. It is generally wrong and based on complete bias and frustration.

You could have won it. I had the exact same thing happen to me, prosecutor asked for plea bargain if I paid the court costs, he drop the charge of speeding. After politely telling him no - five minutes later the case was dismissed at the prosecution request and they paid the court costs.
 
S

seniorjudge

Guest
NWO said:
Don't listen to the cop advice in here. It is generally wrong and based on complete bias and frustration.

You could have won it. I had the exact same thing happen to me, prosecutor asked for plea bargain if I paid the court costs, he drop the charge of speeding. After politely telling him no - five minutes later the case was dismissed at the prosecution request and they paid the court costs.
Of course NWO is absolutely correct. I have been a judge since 1974 and I do not know squat. NWO, on the other hand, has vast experience.
 
S

seniorjudge

Guest
Terrminator said:
Yeah, right. And I've got some swampland for sale in Nevada. :eek:
Been lurkin', eh?

Let's hear some more of your stories, okay?

They are GREAT! :D
 

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