• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Advice on Misfortune Please

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Iamchris

Junior Member
What is the name of your state? Massachusetts

Hi all, thanks for taking a look.

A little background information;
I am 24 year old with one ticket ever, 20$ for "Failure to use care and caution while starting" a little less than a year ago. Other than that I have no other violations or record for that matter.
Last night, at around midnight on my way home from work I stopped at Wendy's and picked up a drink. As I pulled out of the parking lot I took a right on the road which ran perpendicular to the exit. During the turn my drink popped out of the holder and slid onto my seat.
I reacted by holding the wheel steady with my left hand and grabbing the drink with my right... for whatever reason I stomped on the gas as I was grabbing the drink.
I know how it sounds. I steady the drink, put the car into 2nd gear and immediately begin to decelerate... blue lights in my mirror.
For some dumb reason I think I was putting some of my wieght on the gas peddle as I lifted my but off the seat to grab the drink. I didn't even realize what I was doing until I was around 5500 rpms, at which point the car gets quite loud.

The ticket states;
"exited Wendy's stomped gas sped away loud engine/exhaust/tires"
Cited on 53 in a 30 and excessive noise.

I was calm and considerate of the officer, who's first comment was,'So you drive a fast car'.
I tried to explain the situation and was answered with,'Regardless, you were moving to fast in this zone, you can tell the judge in court'.
Also, on the tire noise, my traction control was on, which prevents the tires from spinning by cutting back power.

I don't know what to do at this point. Its a 2004 Mach 1 Mustang, it picks up speed very easily and I can see her thinking I was acting like an idiot.
She quoted,'You came out of Wendy's and I clocked you at 53mph in about 2 seconds'.

Any advice is certianly appreciated. I have my story, but I'm not sure if its even worth bringing it into court, or if the judge wont care regardless.
I have a good driving rating and my insurance is already expensive, I am really concerned about the surcharge at this point.

Thanks again.
 


Iamchris

Junior Member
Also, the speed on the ticket is marked as both radar and estimated. Does that make and difference or sense?
Additionally, I have heard there is a way to check for calibration on the gun, and to check if the officer is up to date on certifications, is it atleast worth checking this?
 

BelizeBreeze

Senior Member
This was not misfortune, it was speeding.

Either pay the ticket, go to court and plea not guilty then go to trial or go to court and ask the DA for a deal.

Any way you look at it, the next time you spill something in the car stop and take care of it.
 

Bcar1463

Member
You can check on that stuff about certification and calibration and stuff, but on average these things are rarely allowed to lapse. In my opinion, I believe a better argument would be that you couldn't have been going that fast. In every car I have ever drivin, there is no way I could be going anywhere near 53 in 1st gear, even at redline. Not sure about your car, but their on online calculators for theoretical speed at a given RPM (in reality you will be going slower because of air resistance etc...) but you have to know a lot of information, like you gear and differential ratios. Most cars can't go much faster than 35mph or so in 1st. If this is so with your car, then if you decelerated as soon as you hit second that is a decent argument. Of course the cop could always say you must have shifted earlier...
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top