Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > TRAFFIC LAW > Speeding and Other Moving Violations

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 05-13-2009, 02:26 PM
Junior Member
 
Join Date: May 2009
Posts: 2

Speeding ticket in MA! Please help! Thinking of first time appeal


So I recently got a speeding ticket going 85 in a 65 on 290S in Massachusetts. The ticket claims to use "estimation" and "lidar."

I was traveling with 3 cars in front of me at a very safe distance with 2 cars to my right and many cars behind me. In essence, I was simply going with the flow of traffic in the left lane. I came across a hill and as I was going down I checked my speed and it read only 75.

The state trooper was standing outside of his car talking with another cop - he wasn't even in his car. As I drove by, thinking I was at a very safe speed and because every other car was going the exact same speed as me I thought I was fine. My driving instructor throughout high school told me as long as I am under 80 in a 65 zone everything should be fine.

The trooper flagged me down and ran into his car and pulled me over. I was simply taken aback when he said "85." I didn't go past 80 on the trip at any point. I realize this is still over the limit but claiming I was traveling at a speed when I KNEW i was going at 75 along with EVERYONE else around me made me furious.

I was extremely polite to the officer and explained my case but he still slapped me with a $200 ticket. My question is what are my odds during my appeal? Do I have a strong enough case?

I have no idea how he possibly could have singled me out when I was surrounded by cars, especially when the ones in front of me were traveling faster than I was. How could he possibly know how fast I was going when he was not even in his car? How did he know the laser was pointed at my car and not the one next to me?

Thanks for any help as this will be my first appeal. This is my second ticket, my first being about 4 years ago.
    Reply With Quote
  #2  
Old 05-13-2009, 02:46 PM
Senior Member
 
Join Date: May 2006
Location: I dunno. What time is it?
Posts: 1,348
Quote:
Originally Posted by kjc210 View Post
In essence, I was simply going with the flow of traffic in the left lane.
The left lane is for passing, not traveling. There was a cop in Charlton a few years back who would ticket EVERY driver in the left lane on Route 20. He was angry about something, but his tickets were still good.

Quote:
I came across a hill and as I was going down I checked my speed and it read only 75.
You were still speeding

Quote:
My driving instructor throughout high school told me as long as I am under 80 in a 65 zone everything should be fine.
Your instructor was wrong.

Quote:
Do I have a strong enough case?
"Your honor, I was speeding, but not as much as he says" isn't a very strong defense.

Quote:
How did he know the laser was pointed at my car and not the one next to me?
He was the one pointing it. He knows who he's pointing it at.
    Reply With Quote
  #3  
Old 05-13-2009, 03:02 PM
Junior Member
 
Join Date: May 2009
Posts: 2
I was passing, hence why there were two cars to my right. We were all going by them.

I realize I was still speeding, as was everyone else around me.

The cop was chatting with one of his friends. He wasn't pointing a laser outside his car. There is no way he could have singled my car out as opposed to the one in front of me seeing as how I was only about 4 car lengths behind, with the car behind me also about 2 car lengths behind.

It's like he said "hey, this young kid looks like he's going fast, but I don't have a read on how fast he was going. I'll just say he went 85 and write down like I actually used lidar."
    Reply With Quote
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 02:08 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.