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  #1  
Old 11-07-2009, 09:00 AM
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MA Speeding Ticket


I was driving along highway 290E in Massachusetts heading for exit 26(495 S) in the righthand lane (first one you are on when merging on highway). I was about a mile away from the exit and the vehicle in front of me was going under 60, so I safely merged into the passing lane and accelerated reasonably to (again safely) return back into the righthand lane. There were other cars in the fast lane, and one was almost right next to me whilst i was in the passing lane.
A State trooper had been parked in the breakdown lane and WALKED OUT into the highway. I had absolutely no clue as to why but I continued on my way in the righthand lane now going exactly 65.
I saw the lights come on and he pulled me over. First time ever being pulled over by the way, so I was shooken up. I knew I needed to get my registration so I shut the engine off, took off my safety belt and reached over to grab the registration in the glove compartment. I had my drivers window open thinking he was going on that side when he knocked on the passenger side. Put down the window. He immediately barked "Why did I pull you over today?" I told him repectfully "I have no idea sir" He asked if I had a hint. I said "I guess something if you pulled me over sir". He told me he got me on lidar going 80mph. I looked at him in the eye and said "Theres no way i was going 80 in the passing lane going around someone who was going under 60 in the rightlane and with a car in front of me, my car cannot accelerate from under 60 to 80 as you say like that" (that car in front of me was about 30 feet away, so how could i have gone 80 when they clearly werent?) He then asked if I had a vision problem saying he flagged me down and that I could be arrested for ignoring him. (I told him I didnt see him).
He changed the subject abruptly. "Where you coming from?" "School sir" "Where!" I told him the school name and where it is. "Whats your major!" I told him my major. "Whats your GPA!" I told him it was my first semester. All truth. I see hardly why any of that matters. I kept as calm as I could though I clearly appeared shooken up, didnt give him attitude and looked him in the eye the whole time. he took my license and registration (clean record since i had first started driving over 3 years ago by the way), and came back about 5 mins later saying "OK I'm gonna give you the benefit of the doubt and say you didnt see me flag you down, but youre getting a speeding ticket for going 81 on a 65" he then told me the info on the back and I didnt argue with him since he literally just threw the ticket at me and left.
I drive a nissan sentra by the way, the most basic model.No power to accelerate. '08, lease under my mothers name, Im a cosigner and listed as secondary driver. (I only use the car M W F for school)
Im on a family plan insurance, a college student, never have ever dared to go over 70 mph and cannot afford a $160 ticket. I have been advised to appeal it, but would that be wise? I heard they tack on court costs too if the judge thinks the case is inane.What is the name of your state (only U.S. law)?
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  #2  
Old 11-07-2009, 10:59 AM
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Join Date: May 2006
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Quote:
Originally Posted by Sarnold20 View Post
I was driving along highway 290E in Massachusetts heading for exit 26(495 S) in the righthand lane (first one you are on when merging on highway). I was about a mile away from the exit and the vehicle in front of me was going under 60, so I safely merged into the passing lane and accelerated reasonably to (again safely) return back into the righthand lane. There were other cars in the fast lane, and one was almost right next to me whilst i was in the passing lane.
A State trooper had been parked in the breakdown lane and WALKED OUT into the highway. I had absolutely no clue as to why but I continued on my way in the righthand lane now going exactly 65.
I saw the lights come on and he pulled me over. First time ever being pulled over by the way, so I was shooken up. I knew I needed to get my registration so I shut the engine off, took off my safety belt and reached over to grab the registration in the glove compartment. I had my drivers window open thinking he was going on that side when he knocked on the passenger side. Put down the window. He immediately barked "Why did I pull you over today?" I told him repectfully "I have no idea sir" He asked if I had a hint. I said "I guess something if you pulled me over sir". He told me he got me on lidar going 80mph. I looked at him in the eye and said "Theres no way i was going 80 in the passing lane going around someone who was going under 60 in the rightlane and with a car in front of me, my car cannot accelerate from under 60 to 80 as you say like that" (that car in front of me was about 30 feet away, so how could i have gone 80 when they clearly werent?) He then asked if I had a vision problem saying he flagged me down and that I could be arrested for ignoring him. (I told him I didnt see him).
He changed the subject abruptly. "Where you coming from?" "School sir" "Where!" I told him the school name and where it is. "Whats your major!" I told him my major. "Whats your GPA!" I told him it was my first semester. All truth. I see hardly why any of that matters. I kept as calm as I could though I clearly appeared shooken up, didnt give him attitude and looked him in the eye the whole time. he took my license and registration (clean record since i had first started driving over 3 years ago by the way), and came back about 5 mins later saying "OK I'm gonna give you the benefit of the doubt and say you didnt see me flag you down, but youre getting a speeding ticket for going 81 on a 65" he then told me the info on the back and I didnt argue with him since he literally just threw the ticket at me and left.
I drive a nissan sentra by the way, the most basic model.No power to accelerate. '08, lease under my mothers name, Im a cosigner and listed as secondary driver. (I only use the car M W F for school)
Im on a family plan insurance, a college student, never have ever dared to go over 70 mph and cannot afford a $160 ticket. I have been advised to appeal it, but would that be wise? I heard they tack on court costs too if the judge thinks the case is inane.What is the name of your state (only U.S. law)?
You'll also need a better story than the one you told. Nobody goes under 60 on that road.

There is frequently a speed trap there. He parks the car behind the bridge so you can't see it. I'm surprised you didn't expect him. He's been there a few times since September. I noticed him there last night when I went by.

If you were traveling in the right hand lane when he "WALKED OUT into the highway", you would have run him over. Since you didn't stop and made him chase you, you eliminated any chance on leniency.

You wrote about "The passing lane" and "the right hand lane". That section of road is three lanes.

I don't believe your story, and I doubt a judge will either.
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  #3  
Old 11-07-2009, 05:36 PM
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Join Date: Jul 2005
Posts: 171
Quote:
Originally Posted by Sarnold20 View Post
I was driving along highway 290E in Massachusetts heading for exit 26(495 S) in the righthand lane (first one you are on when merging on highway). I was about a mile away from the exit and the vehicle in front of me was going under 60, so I safely merged into the passing lane and accelerated reasonably to (again safely) return back into the righthand lane. There were other cars in the fast lane, and one was almost right next to me whilst i was in the passing lane.
A State trooper had been parked in the breakdown lane and WALKED OUT into the highway. I had absolutely no clue as to why but I continued on my way in the righthand lane now going exactly 65.
I saw the lights come on and he pulled me over. First time ever being pulled over by the way, so I was shooken up. I knew I needed to get my registration so I shut the engine off, took off my safety belt and reached over to grab the registration in the glove compartment. I had my drivers window open thinking he was going on that side when he knocked on the passenger side. Put down the window. He immediately barked "Why did I pull you over today?" I told him repectfully "I have no idea sir" He asked if I had a hint. I said "I guess something if you pulled me over sir". He told me he got me on lidar going 80mph. I looked at him in the eye and said "Theres no way i was going 80 in the passing lane going around someone who was going under 60 in the rightlane and with a car in front of me, my car cannot accelerate from under 60 to 80 as you say like that" (that car in front of me was about 30 feet away, so how could i have gone 80 when they clearly werent?) He then asked if I had a vision problem saying he flagged me down and that I could be arrested for ignoring him. (I told him I didnt see him).
He changed the subject abruptly. "Where you coming from?" "School sir" "Where!" I told him the school name and where it is. "Whats your major!" I told him my major. "Whats your GPA!" I told him it was my first semester. All truth. I see hardly why any of that matters. I kept as calm as I could though I clearly appeared shooken up, didnt give him attitude and looked him in the eye the whole time. he took my license and registration (clean record since i had first started driving over 3 years ago by the way), and came back about 5 mins later saying "OK I'm gonna give you the benefit of the doubt and say you didnt see me flag you down, but youre getting a speeding ticket for going 81 on a 65" he then told me the info on the back and I didnt argue with him since he literally just threw the ticket at me and left.
I drive a nissan sentra by the way, the most basic model.No power to accelerate. '08, lease under my mothers name, Im a cosigner and listed as secondary driver. (I only use the car M W F for school)
Im on a family plan insurance, a college student, never have ever dared to go over 70 mph and cannot afford a $160 ticket. I have been advised to appeal it, but would that be wise? I heard they tack on court costs too if the judge thinks the case is inane.What is the name of your state (only U.S. law)?
Go ahead and appeal, it will not cost you anything more than your time. If you lose with the magistrate you will have to pay a small fee to appeal to a judge but even if you lose at that level you should be no worse off (i.e., the judge can not increase the fine, add court costs, etc.)
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  #4  
Old 11-07-2009, 09:45 PM
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Join Date: Aug 2009
Posts: 646
You included so many irrelevancies in your post, I don't know where to even begin. If you fight this in court you should stick to the facts that relate to the offense. Not your driving record, not the side of the car the trooper approached on, etc.

The posted speed limit is the speed limit. The fact that you were driving "safely" and "reasonably" has nothing whatsoever to do with the violation.

And you can't tell me a 2008 Sentra cannot accelerate to that speed. That is totally ridiculous.

You seem to have no idea how fast you were going when you passed that other car - you can't even say for sure how fast that other car was going.

By the way, lidar is precisely aimed. It matters not that another car was next to you.
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