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Originally Posted by axnguyen What is the name of your state? Registered driver in Canada - ticketed in Minnesota.
Hi all...I went down to Duluth, MN for the weekend for a wedding. On the way, I had my cruise control set at 66mph in a 55mph zone. I was pulled over and fined for going 72 mph, which is impossible unless my speedometer is off (Highly unlikely as my speed on the speedometer matches the speed shown on my GPS).
First things first, I'm going to write and ask for a copy of the officer's ticket (I write directly to the police station for this?) and I'm going to write the prosecuter and ask for the radar calibration records and such (I write the court house for this?)
I've also done some research and found a few things....
1) According to the Minnesota HIghway Traffic Regulations Act;
169.983 Speeding violation; credit card payment of fine.
(a) The officer who issues a citation for a violation by a
person who does not reside in Minnesota of section 169.14 shall
give the defendant the option to plead guilty to the violation
upon issuance of the citation and to pay the fine to the issuing
officer with a credit card.
(b) The commissioner of public safety shall adopt rules to
implement this section, including specifying the types of credit
cards that may be used.
The officer never mentioned paying on the spot in any way, shape or form. How much will this help me?
Also, Subd. 1b. Speed. The uniform traffic ticket must
provide a blank or space wherein an officer who issues a
citation for a violation of a speed limit of 55 or 60 miles per
hour must specify whether the speed was greater than ten miles
per hour in excess of a 55 miles per hour speed limit, or more
than five miles per hour in excess of a 60 miles per hour speed
limit.
Does this mean that the ticket SHOULD say for example 17 mph over the limit of 55 mph? On the ticket itself, it says exactly:
"SPEED (OVER LIMIT) 72 mph in 55 mph zone.
Is this a mistake on his part?
The officer also changed his story - when he first told me I was doing 72, I asked him if he had a reading of this to which he responded "No." When he came back to give me the ticket I asked if he was sure he didn't have it back there to which he said "Oh, I do have it, but you can't see it for my own and your safety." So yeah, he changed his story.
Finally, he neglected to fill in the colour of my car on the ticket...it's just blank...does that help me at all in the state of Minnesota?
Sorry for the long post, and thanks in advance for any advice! It's greatly appreciated! |
Are you familiar with the phrase grasping at straws?
Nothing in your post comes faintly close to a defense.
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. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)
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 that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable.
From marbol:
“Judge...
You forgot the one thing that I've seen that seems to frizz up most judges these days:
If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.
If you have a ‘vibrate’ position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR IT VIBRATE!
Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings.”
(Better yet, don’t carry your cell phone into the courtroom.)”
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/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy 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. (This conflicts with number 5 below, but that hasn’t stopped some defendants from using both.)
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.” Or, another variation: “I was forced into it by a bad guy!”)
[url]http://forum.freeadvice.com/showthread.php?p=854687#post854687[/url]
Public defender’s advice
[url]http://newyork.craigslist.org/about/best/sfo/70300494.html[/url]
Other people may give you other advice; stand by.
). I have no problem paying a speeding ticket, and have paid my fair share of them in the past. However, I do not like the idea of paying a ticket for an offense which I did not commit! 
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