Help with speeding ticket in Maine please..

[redsierra]

What is the name of your state? Maine

Yesterday my girlfriend was pulled over in Bangor. She was written a ticket and has to go to court on the 6th of January. Here is what happened. She was traveling home from Husson College in a 40 mph zone. Cop on the side of the road says he clocks her at 62 when she goes by then in the time it took him to pull onto the road he says she was clocked again going 72!! I dont believe this for a second. She has had her liscense for about 3.5 years with no prior tickets, accidents or anything against her.

She says she was going around 60 (which would explain being clocked at 62) but when she went by the cop she saw him pull out in the rear view and slowed down so i dont understand how he can all the sudden say she is going 72 and write her a ticket for criminal speeding and make her go to court. He told her he wanted to arrest her right there and shes scared to even drive now.

How do you think this would hold up in the court. I mean if she was to tell this exact story in there as her account of what happened, is it basically her word against his? Whats the best route to take here, plead guilty and hope the judge lowers it to not criminal speeding? Any advice or input is greatly appreciated.

Thanks,
Ryan

 

[seniorjudge]

What is the name of your state? Maine

Yesterday my girlfriend was pulled over in Bangor. She was written a ticket and has to go to court on the 6th of January. Here is what happened. She was traveling home from Husson College in a 40 mph zone. Cop on the side of the road says he clocks her at 62 when she goes by then in the time it took him to pull onto the road he says she was clocked again going 72!! I dont believe this for a second. She has had her liscense for about 3.5 years with no prior tickets, accidents or anything against her.

She says she was going around 60 (which would explain being clocked at 62) but when she went by the cop she saw him pull out in the rear view and slowed down so i dont understand how he can all the sudden say she is going 72 and write her a ticket for criminal speeding and make her go to court. He told her he wanted to arrest her right there and shes scared to even drive now.

How do you think this would hold up in the court. I mean if she was to tell this exact story in there as her account of what happened, is it basically her word against his? Whats the best route to take here, plead guilty and hope the judge lowers it to not criminal speeding? Any advice or input is greatly appreciated.

Thanks,
Ryan

Q: How do you think this would hold up in the court.

A: Not too good since she has nothing to back up her story.


Q: I mean if she was to tell this exact story in there as her account of what happened, is it basically her word against his?

A: Yes.


Q: Whats the best route to take here, plead guilty and hope the judge lowers it to not criminal speeding?

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.

 

[poohmantbb]

Here is what happened.

No.... here's what she told you happend.

She was traveling home from Husson College in a 40 mph zone. Cop on the side of the road says he clocks her at 62 when she goes by then in the time it took him to pull onto the road he says she was clocked again going 72!! I dont believe this for a second.

You don't have to believe it for any amount of time. The judge does.

She says she was going around 60 (which would explain being clocked at 62)

She admitted speeding here... might be able to get it lowered to this speed.

so i dont understand how he can all the sudden say she is going 72 and write her a ticket for criminal speeding and make her go to court.

That's his job. He cited her for a law infraction he observed/thought he observed. If he made a mistake, that's what the court will determine.

He told her he wanted to arrest her right there and shes scared to even drive now.

Lucky he didn't. Tell her not to be scared to drive, just don;t go 22+ mph over the limit.

Whats the best route to take here, plead guilty and hope the judge lowers it to not criminal speeding?

If she fights it, she probably will be stuck with the higher speed.... maybe not. Check to see if she has access to speak to a prosecuter and plead guilty to the speed he admits doing.

 

[redsierra]

She admitted speeding here... might be able to get it lowered to this speed.

Ok, this is what i am tryin to help her with. She knows she was speeding around 60 mph but she said there is no way she was goin the 72 he claims.

Shes knows she was wrong and is not tryin to get out of the ticket all together. She said she would admit to the 62 and pay the fine for that. I guess what i am trying to figure out here is what is the best way to help this happen i have never beeen in this situation and dont really know how the court system work for things like this. What would she need to do when at court to get the reduced speed brought up as an option?

Thanks for the help so far

 

[redsierra]

I talked to her again today and she said the cop was not even visible where
he was sitting. Is that legal in maine?

She also said there is all private property driveways along where she was pulled over and she knows he wasnt right on the side the road, is it legal for a cop to sit in a private driveway and pull people over from it in maine?

He also did not write on the ticket what he used to get the 72 mph he wrote down.

This is what she says the conversation was when he first walked to the car
"I clocked you at 62 when you went by then 72 when i was behind you"

can they get a reading from a radar gun if they are coming up from behind you?

i think what might have happened was he clocked her at 62 when she went by then pulled out and raced to catch up to her and looked at his speedo when he got there and saw 72. I know there is no way to prove it.

please help!!

 

[seniorjudge]

Q: I talked to her again today and she said the cop was not even visible where he was sitting. Is that legal in maine?

A: Yes.


Q: She also said there is all private property driveways along where she was pulled over and she knows he wasnt right on the side the road, is it legal for a cop to sit in a private driveway and pull people over from it in maine?

A: Yes.


Q: He also did not write on the ticket what he used to get the 72 mph he wrote down. This is what she says the conversation was when he first walked to the car "I clocked you at 62 when you went by then 72 when i was behind you" can they get a reading from a radar gun if they are coming up from behind you?

A: Yes.


i think what might have happened was he clocked her at 62 when she went by then pulled out and raced to catch up to her and looked at his speedo when he got there and saw 72. I know there is no way to prove it.


Since you were not there...this is pure speculation and worthless.

 

[redsierra]

Thank you for the reply again seniorjudge.

I have another question. Do you know if traffic school is an option in Maine as a way to have the speed reduced and how would she go about doing this. Does she ask the judge about it at the court or does she need to talk to someone before she goes to court?

 

[redsierra]

^^^Anyone know this???

 

[sukharev]

Do you know if traffic school is an option in Maine as a way to have the speed reduced and how would she go about doing this. Does she ask the judge about it at the court or does she need to talk to someone before she goes to court?

She can call the court, to find out who is handling the case. Then, talk to that person (prosecutor or DA). He will tell you exactly what the options are. My guess is that no, Maine does not have traffic school as substitute for speeding charge, this is fairly unique to CA. Read the statute she was charged with to make sure.