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Got the wrong person....(Speeding)

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Acur99

Junior Member
What is the name of your state?NJ State Route 78..
I was driving on Rt 78 south about 7am, It's a two lane Hwy, to my right was a truck. The officer was driving on Rt78 North. Two minutes later the officer stop me. Supposedly i was doing 85/55. How can I fight the ticket?
 


seniorjudge

Senior Member
Acur99 said:
What is the name of your state?NJ State Route 78..
I was driving on Rt 78 south about 7am, It's a two lane Hwy, to my right was a truck. The officer was driving on Rt78 North. Two minutes later the officer stop me. Supposedly i was doing 85/55. How can I fight the ticket?
The cop, under oath, will look at you and say, "Yes, your honor, that was him and he was doing 85." The prosecutor will then rest.

Now, please tell us what your defense will be. Thank you.



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.

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.
 

Acur99

Junior Member
How is it that the court don't ask the officer for proof? Isn't every is treated the same in court? What kind of proof he have the gun?
 
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seniorjudge

Senior Member
Q: How is it that the court don't ask the officer for proof?

A: Oh, lease. Assume for a minute that the cop has offered proof that you were doing 85, okay?

Now, please tell us what your defense will be. Thank you.


Q: Isn't every is treated the same in court?

A: Incomprehensible.
 

Acur99

Junior Member
What kind of proof does he have?..That i was the one driving over the speed limit because he said so?..How coul he point out my vehicle from the other side of the road when the were other vehicle sorrounding mine?..What does the radar pick up? Lincense plate, pictures?
 
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panzertanker

Senior Member
Acur99 said:
I do want and need help.. But I don't know how to proof my statement.. Thats why Im here?
There is your answer:
You do not have any proof that you weren't speeding, and the police officer (the preferred nomenclature over "cop") has radar.

Do the math. You lose.
 

BL

Senior Member
Acur99 said:
I do want and need help.. But I don't know how to proof my statement.. Thats why Im here?

I had a similar situation , You can't beat it .

Advice on appearance and conduct was good .
 
C

caedo

Guest
Just because Acur99 is questioning something that everyone assumes to be correct (that the cop is right and he was speeding), don't crucify him/her. (S)he obviously needs help if he's posting here. (S)he probably already realizes that (s)he's sol but just wants to make sure. If you don't have help to offer, don't bother posting.
 
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seniorjudge

Senior Member
caedo said:
Just because Acur99 is questioning something that everyone assumes to be correct (that the cop is right and he was speeding), don't crucify him/her. (S)he obviously needs help if he's posting here. (S)he probably already realizes that (s)he's sol but just wants to make sure. If you don't have help to offer, don't bother posting.
Poster has given us not a single thing to show that it wasn't him that was speeding.

Anyway, here's the facts of the matter. The cop will come to court. The cop will testify, "Yep, that's him and he was doing 85 and I know this because I am an expert in judging the speed of an automobile and also because I had my radar/laser/whatever pointed at him and it showed him going 85 and the instrument was tested x number of days before the snatch and tested x number of days after the snatch and it is correct and accurate."
 
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seniorjudge

Senior Member
Acur99 said:
No suggestions ah??...I guess I have to plea guilty...Shss What a great court system we have!!...
Yes, it's the best court system in the world.

But that's irrelevant to your situation.

Can you give us ONE fact to show that the cop got the wrong person?
 

Acur99

Junior Member
I understand what your saying.. I can't poof it..But the Cop was driving the opposite way, he was moving too... Cars arround me..How can he proof tha it was me speeding??. With a radar that read license plate or take your car picture?... Do you think that i get the points on my license? First offense.
 
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