Arizona - 50 in a 25

[rnorton]

What is the name of your state?
Arizona

The issue
Back on the 6th of this month I was on my way to a friend's house after getting off of work at around 7:30PM. I got pulled over for doing 50 in a 25 zone. Now, this is the first time I've ever been pulled over, let alone ticketed. Since it was a residential area and because I was doing 25 over I got nailed with a misdemeanor. Now, I was pretty tired, wasn't paying attention. I don't doubt that I was speeding, but I'm not entirely sure that I was doing double the speed limit, I seriously doubt it. I didn't ask to see the cops radar, because I didn't know that was something you could question.

Now where I'm finding fault in this is that I don't think the cop had his radar on (it looked like he was sitting there eating dinner) and he was sitting in someone's driveway. Is this legal (that is to sit in someone's driveway and catch people?). Additionally, I was arrested (not entirely sure why, but it was for the speeding ticket). I was polite the entire time with the officer and just wanted to get the situation overwith. However, when I was arrested I was never read my miranda rights. Is this something they legally have to read?

I do realize I was probably speeding, but I fealt that the officer was trying to make an example out of me considering I am a minor. Should I bite the bullet, hope I can goto driver's training or pay the fine, or is it worth trying to fight?

Any input is greatly appreciated.

 

[Curt581]

I got nailed with a misdemeanor. Now, I was pretty tired, wasn't paying attention. I don't doubt that I was speeding, but I'm not entirely sure that I was doing double the speed limit, I seriously doubt it.

How do you know? You weren't paying attention.

I didn't ask to see the cops radar, because I didn't know that was something you could question.

You can ask, but he doesn't have to show it to you. I don't know of any jurisdiction that requires it's officers to show you anything at the scene except the violator copy of the summons.

The officer failing to show you the radar is NOT a valid defense.

Now where I'm finding fault in this is that I don't think the cop had his radar on

Again, how do you know?

and he was sitting in someone's driveway. Is this legal (that is to sit in someone's driveway and catch people?).

Why wouldn't it be? As long as the officer has permission to park from the property owner, what difference would it make where he was sitting?

Maybe he had just finished a call for service there. Maybe it was his own driveway.

Additionally, I was arrested (not entirely sure why, but it was for the speeding ticket).

That's what happens when you get "nailed for a misdemeanor".

I was polite the entire time with the officer and just wanted to get the situation overwith. However, when I was arrested I was never read my miranda rights. Is this something they legally have to read?

No. Reading a suspect Miranda rights is done when the police intend to conduct interogatory questioning. If he didn't ask you any questions that were not beyond general information, he didn't need to Mirandize you.

You're watching to many Cop TV shows.

I do realize I was probably speeding, but I fealt that the officer was trying to make an example out of me considering I am a minor.

Making an example to whom?

You're reading way too much into this.

You were speeding. You got a ticket. End of story.

Should I bite the bullet, hope I can goto driver's training or pay the fine, or is it worth trying to fight?

That's up to you. Stop and ask yourself what your defense would be. Simply disbelieving that you were doing double the speed limit won't cut it.

You've already admitted that you know you were speeding.
You've admitted that you weren't paying attention and don't really know how fast you were going.

You're going to have to come up with better than "I don't believe I was doing that".

 

[rnorton]

..snip..

Thanks for your post.