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Old 05-04-2004, 02:21 PM
Waugs2000
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need help on ridiculous ticket


What is the name of your state? North Carolina
Last night on my way home I got a ticket. Now the ticket does not have a speed written on it (i don't think he clocked me) it also has my zip code, birthdate, and the "on highway No./Street" i was on incorrect. On the explanation on the ticket the officer wrote "Exceeding at a speed greater than was reasonable and prudent under the existing conditions (low light)." My question is how can a get out of this? I am leaving in 2.5 months for the Navy and my girlfriend just got pregnant (sympathy story?) I am not sure by the discrepancies on the ticket if it will be null or by him not radaring me but i would of course like this dismissed. Any advice would be greatly appreciated and taken into account.

Thank you for reading and replying,
Brandon

Last edited by Waugs2000; 05-04-2004 at 02:24 PM.
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Old 05-09-2004, 02:17 PM
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Join Date: Aug 2002
Location: Washington
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Contest the ticket & subpoena the officer. Be sure to do whatever's necessary to get a copy of the officer's report before trial. If trial is scheduled too far in the future, you can move to expidite, based on military service.

A "too fast for conditions" ticket is really hard for the officer to prove. It's issued when you weren't speeding but the officer thought you were going too fast anyway. Essentially, the officer is saying that the speed limit in that area is too high at night. Now, night lighting conditions are factored in when the city/county/state sets the speed limit. The court will start from the position that the posted limit was reasonable. The officer will have to show why his opinion of what the limit should be is better than the traffic engineers' opinions.

The problem with TFFC tickets is that "too fast" is a subjective term. The officer will have to point to specific things indicating you were going too fast, like you lost control of the car, fishtailed, couldn't stop in time, etc.

After checking the statutes, you might want not to call the officer, so he can't elaborate on whatever he writes on the ticket.

Questions like "what agency decides what speed limit to post" & "How long did you work for that agency before becomming a police officer" would be useful. If the officer tries to claim that you were in fact exceeding the speed limit, object to the testimony & move to strike it: 1) irrelevant to the *charged* infraction that you were driving too fast for conditions, 2) evidence of an uncharged crime is not probative of the charged crime & is prejudicial/unfair surprise, 3) if you'd been speeding, why didn't he write the ticket for speeding, a much easier ticket for him to prove in court?
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