do I stand a chance?

What is the name of your state? Illinois


I was traveling on a highway sunday and went to get off a ramp to get gas and let my kid go to the bathroom. I keep a close eye on my speed and know I was only going 67 while driving. I began to slow further for the off ramp as I also saw an officer in a marked car making a u-turn. I wasn't sure who he was after til he pulled me over on the ramp. He claimed I was doing 88 in a 65. I don't know what to do now. I now i wasnt speeding, but have been told it would be pointless and costly to fight. I feel that he might have used the radar on another car and thought maybe it was me by mistake, but the officer didn't want to hear that. what will happen if I just pay this, I know my insurance will go up but is there anything else? if i pay can I get supervision?

Ask for a non-moving violation.



Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat.

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and the ticket not go on your record, if applicable.


Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter is pregnant/sick/dying/dead/crippled and needs my help.

3. I’ve got a job in [name a state five hundred miles away].

4. This is the first time I ever did this.

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.”)

https://forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender’s advice

http://newyork.craigslist.org/about/best/sfo/70300494.html


Other people may give you other advice; stand by.

I don't think DA would let you off with a non-moving violation, alleged speed was too high (that's partly the reason why) - excess of over 20 mph. You can get a lesser charge (less speed), and maybe there is some level at which points are not assessed and insurance does not hear about it.

But unless you get that kind of an offer, try fighting it. Request discovery of the relevant information (see earlier posts and ticket fighting websites on how to do it). On your ticket, find what was used to measure your speed (radar or lidar/laser). Ask follow-up questions and I will help if I can. Contrary to what many people believe, fighting the ticket can be beneficial and the offer you hear from DA may be actually better if he knows you are prepared.

OP, you need to remember that all the government has to do is prove you were speeding.

Period.

End of story.

Even if.

So, if the cop gets up there and testifies that you were speeding and it is based on his training as an expert witness AND his radar gun, what will be your defense?

seniorjudge said:

So, if the cop gets up there and testifies that you were speeding and it is based on his training as an expert witness AND his radar gun, what will be your defense?

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His defense would include attacking the ACTUAL evidence, and that's what discovery is for. Unless the cop is indeed an expert witness, and has credentials to prove it, he cannot testify as to the accuracy of visual estimation. This is attacked by using discovery of training records, as well as establishing that the cop is missing key details of his testimony (like distance). Speaking of distance, by itself it offers a defense when coupled with time. It's easy to prove the speed was different by asking officer to state time he observed the car and distance the car moved before he locked in the measurement by radar. Again, discovery request should help find police department SOP relating to traffic stops.

seniorjudge said:

OP, you need to remember that all the government has to do is prove you were speeding.

Period.

End of story.

Even if.

So, if the cop gets up there and testifies that you were speeding and it is based on his training as an expert witness AND his radar gun, what will be your defense?

Click to expand...

So if the cop is the expert witness what should I do next? Like I said I know I wasn't speeding , but don't know how I can convince a judge to take my word over a trained state cop.

yukdun said:

So if the cop is the expert witness what should I do next? Like I said I know I wasn't speeding , but don't know how I can convince a judge to take my word over a trained state cop.

Click to expand...

To be guilty of speeding, all you have to do is speed.

To be not guilty of speeding, all you have to do is prove you were not speeding.

It doesn't matter if you knew it or not.

seniorjudge said:

To be guilty of speeding, all you have to do is speed.

To be not guilty of speeding, all you have to do is prove you were not speeding.

It doesn't matter if you knew it or not.

Click to expand...

Any suggestion for how I might be able to prove it?

Look up earlier posts on discovery, as well as whether officer is an expert witness or not. If you do not get his testimony during discovery, he cannot be an expert witness, and can only state what he did, not whether this is an accurate method. When you have training manual (received through discovery or FOIA request), you can show gaping holes in his knowledge of procedure he is supposed to follow, this putting his testimony in doubt. Worth a shot, although difficult.

As for being guilty or not, the only proof you have is your own word. So, if you believe you were not speeding, go and testify. Yes, the judge would tend to prefer officer's testimony over yours, but that's how it is. If you can, get trial by jury, and this may shift odds in your direction.