I Fought The Law And I Won

What is the name of your state? Jacksonville, FL
I'd just like to say, to all those pessimists who inisist it's impossible to to beat a speeding ticket, I just did. The cop didn't show up, I guess because he was doing security for the Super Bowl, and my case got dismissed. In fact, out of the 3 other defendants who were there with me, there was only one cop there to prosecute. And to think, I wanted a continuance (which I was told wasn't possible) since the JSO was giving me the runaround when I tried to request the radar gun maintenance records. So, my suggestion is, try to get your court date scheduled around a big event. Unless, of course, you live in one of those b@stard states that doesn't require the cop to be present.

Woah!!!
You didn't win anything, you lucked out because of the superbowl.

I actually fought a speeding citation and the cop showed up, now I can make that statement, but you can't

hey. a W's a W. so maybe i didn't win in the sense that i was found not guilty. but, i call avoiding a $165 ticket (or a $180 court cost had i pled no contest at the arraignment) a win, no matter how i got it.

The Frugie said:

hey. a W's a W. so maybe i didn't win in the sense that i was found not guilty. but, i call avoiding a $165 ticket (or a $180 court cost had i pled no contest at the arraignment) a win, no matter how i got it.

Click to expand...

I hate to rain on your parade, but your ticket can be refiled.

The cop may ask the prosecutor to do that very thing.

I hate to rain on your parade, but your ticket can be refiled.

Click to expand...

i've got a piece of paper (apparently called a Deposition Memo) that says "Verdict: Case Dismissed". i have a hard time believing i can be tried again. i'm sure the founding fathers put something in the constitution to protect us against that. but, who knows, maybe u're right. if this thing comes back to haunt me i'll update u guys.

The Frugie said:

i've got a piece of paper (apparently called a Deposition Memo) that says "Verdict: Case Dismissed". i have a hard time believing i can be tried again. i'm sure the founding fathers put something in the constitution to protect us against that. but, who knows, maybe u're right. if this thing comes back to haunt me i'll update u guys.

Click to expand...

Double jeopardy (under the fifth amendment) does not apply in your case.

http://faculty.ncwc.edu/toconnor/325/325lect07.htm

In any event, as a former prosecutor, I will tell you that if a cop did not show up without good reason, I would dismiss the case and NOT refile it. I can't tell you what the prosecutor in your county does.

The Frugie said:

i've got a piece of paper (apparently called a Deposition Memo) that says "Verdict: Case Dismissed". i have a hard time believing i can be tried again. i'm sure the founding fathers put something in the constitution to protect us against that. but, who knows, maybe u're right. if this thing comes back to haunt me i'll update u guys.

Click to expand...

Does it say with /without prejudice?

rmet4nzkx said:

Does it say with /without prejudice?

Click to expand...

My guess: without OR, more likely, nothing.

seniorjudge said:

My guess: without OR, more likely, nothing.

Click to expand...

Both of which mean they can refile later
"I fought the law and the law won!" is what op should be humming instead of their smug declaration.

BTW, I've even had judges ask me how I won when the cop showed up, apparently quite a fete!

Does it say with /without prejudice?

Click to expand...

no, i don't see anything on here about Prejudice. there are only 3 options listed under Verdict: 1) Withhold Judgement 2) Did Not Commit/Case Dismissed (the clerk circled "case dismissed") 3) Committed Infraction and Imposed Civil Penalty As Follows:

The Frugie said:

no, i don't see anything on here about Prejudice. there are only 3 options listed under Verdict: 1) Withhold Judgement 2) Did Not Commit/Case Dismissed (the clerk circled "case dismissed") 3) Committed Infraction and Imposed Civil Penalty As Follows:

Click to expand...

It can be refiled.

well i'll be damned. oh well, at least jax isn't one of those cities that's relies heavily upon tickets (like bradford county and waldo). i'm sure the cops here have better stuff to do.

The Frugie said:

well i'll be damned. oh well, at least jax isn't one of those cities that's relies heavily upon tickets (like bradford county and waldo). i'm sure the cops here have better stuff to do.

Click to expand...

Ahhh but fines for speeding help fill the city coffirs.

Hi, I just got a ticket in Jacksonville as well and was hoping to ask a few questions here.

For background, I was passing on a 2 lane road with a speed limit of 40. The car infront of me was going like 35-40, so I passed it in the left lane. The cop was directly infront of me by at least 3/4 of a mile driving towards and pulled me over. The other car mistakenly pulled over as well but the cop let him go. He comes to me and tells me he clocked me at 75! I've sped before, and never contested a ticket for an infraction I did not commit, but there is absolutely no way in hell I was doing 75 passing that car.

Here's a few points that I want to know if they are relevant.

1. I heard the cop ask the other driver how fast he was going when I passed him, and he claimed he was just "cruising". When we did reach the cops the person I passed was right behind me and we were both doing speed limit. If I caught the cop admitting the other car was right behind me when he pulled me over, would it be reasonable to say I was not doing 75? The citation states "speeding as he passed another vehicle".

2. It was the dead of night, and he was a good 3/4 to 1 mile infront of me heading straight towards me. How could he possibly estimate my speed? Does that matter in Florida?

3. The Frugie, how did you go about attempting to obtain the records for your radar gun? What kind of run around were they giving you?

4. The gun was a Pro-1000. Does anybody know anything about it?

The Frugie said:

i've got a piece of paper (apparently called a Deposition Memo) that says "Verdict: Case Dismissed". i have a hard time believing i can be tried again. i'm sure the founding fathers put something in the constitution to protect us against that. but, who knows, maybe u're right. if this thing comes back to haunt me i'll update u guys.

Click to expand...

The Frugie,

Lest we forget, the Constitution is a piece of paper. It just lays there. If you get any protection from misuse by the state, it will have to come from a person....a person with authority to stop the wheels of beurocracy or the plodding processes that roll over people, and the desire to use that authority. Such people are rare, hard to get to, hard to find, and pressed for time. The luck you may have, in a traffic case, is that re-filing a case takes work, and bureaucrats don't like to do work where there's no glory to be gained.