Speeding Ticket, Need Advice!

[Xerphon]

What is the name of your state? New Jersey

Hello, I'm 22 years old and live in NJ. My driving record is perfect, I've never had any points or speeding tickets before. I drive a 2004 Nissan Sentra and have been driving it for the past 2 years. Well, Last Saturday night I was hanging out with a friend and she let me drive her new BMW to the store. The entire way there she was keeping an eye on my driving, letting me know if she was uncomfortable with anything I was doing. After all, this is a brand new $50,000 car and she wanted to protect her investment.

Anyway, the weather is bad and it's raining outside. I'm driving on Oak Tree Road ( A major road in the area) and everything is great. I turn right into the parking lot of the store we were headed to when a cop pulls in from what I'm guessing was the other entrance, pulls right in front of our car after it's parked in the spot. He gets out and asks me for license, reg, etc. He then asks me if I know how fast I'm going, which I'm not exactly sure what I said, but nothing bad. Anyway, he proceeded to tell me I was in fact doing 75 MPH in a 40 MPH zone. I said that was impossible, there was no way I could have been driving that fast. He told me to get back in the car and wait.

After a few minutes he comes out and hands me a speeding ticket for doing 70 MPH in a 40 MPH zone. Now having never dealt with anything like this before, I really don't know what to do. It's a 5 Point ticket and I'm sure the fines are large as well. The ticket says he got my speed with a "Speed Measurement Device." How can I fight this? Should I get a lawyer?

I always thought the law was there to protect, but this is absurd. I have 2 other people who were in the car and they both say there is NO way I was going anywhere near that speed. I also find it odd how he pulled in from a different entrance into the parking lot, almost as if he was coming from the opposite direction... in which case there is no way he would have even been able to see me until I was pulling into the parking lot... and if I was doing 70 MPH pulling in, the thee of us would be dead right now.

End of the month, short on quota maybe? I just really don't know what to do or how to pursue it, so any help would be greatly appreciated... Thanks!

 

[BelizeBreeze]

There is nothing in your post to point to a defense to the ticket.

 

[teflon_jones]

Sounds like he got you on radar doing 75 MPH. You say that you don't know how fast you were going and that you weren't familiar with the car, yet you're trying to say you weren't doing 75? If you don't know how fast you were going, how do you know you weren't doing 75? And nobody else in the car seems to know how fast you were going either, only that they thought you weren't doing 75. Sounds to me like you're guilty of the ticket.

 

[sukharev]

Here is the thing: as you may have already found out, there are 2 ways your speed will be proven in court, both of which are not flawless. 1) SMD (radar or laser - you need to find out by doing discovery), and 2) visual estimate.

As for number 1, there are standard ways to figure out if you have a defense (and you very well may, if it was raining and dark). Especially with laser in NJ (you may have to have expert witness to testify for such high speed).

As for number 2, if you traveled alone you have almost no defense (but if number 1 is defeated you may get away with this one also). But, if you did have a witness in the car, you have hope of having that witness testify. Basically, officer has expertize determining your speed under normal conditions, but rain and poor visibility is a different story. In this case, a typical experienced driver is as likely to determine speed well, and can testify even if he/she was sitting in passenger seat. Give it a shot, but try negotiating with DA first, maybe you will get a break (especially if officer does not show).

 

[seniorjudge]

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. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

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 that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable.

From marbol:

“Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a ‘vibrate’ position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR IT VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings.”

(Better yet, don’t carry your cell phone into the courtroom.)”


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/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy 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. (This conflicts with number 5 below, but that hasn’t stopped some defendants from using both.)

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.” Or, another variation: “I was forced into it by a bad guy!”)

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.

 

[justalayman]

I always thought the law was there to protect, but this is absurd.QUOTE]


He was. He was protecting the rest of us from somebody that drives nearly twice the speed limit.

Send his name, we'll give him a pat on the back.

 

[poppakeith]

I always thought the law was there to protect, but this is absurd.QUOTE]
He was. He was protecting the rest of us from somebody that drives nearly twice the speed limit.
Send his name, we'll give him a pat on the back.

There's not much difference between one who claims they weren't going 70 and a stranger, one who wasn't there, claiming they were. Cop should recognize he can't be certain of the actual speed under conditions as described. A simple, truthful recounting of the driver's side of the story, supported by two witnesses, has a good chance that a good judge (and agreeable cop) can accept maybe 60 in this deal. The art of educating drivers includes exhibiting that the legal system is capable of reasoned judgement. I'd stick the guy with 65....because anything over 40 in the rain is very bad business.

 

[sukharev]

anything over 40 in the rain is very bad business.

Huh? Give me a break, will ya. Try reading consumer reports and see for yourself how ABS works.