Subpoena location of officer and myself? NJ

[j-dawg44]

What is the name of your state? Violation: NJ / Home: DE

Hello All,

I just received my first speeding ticket yesterday and I'm planning on fighting it. I will try to plea down, but even if they remove the license points that won't help me. My insurer in my home state of DE said that it's the violation itself that will increase my rates for them, not the points on my license.

I have no idea where the cop was when he got me or where I was on the road. The ticket only says that he used radar and the name of the road, which is about a half mile long. During discovery, is it possible for me to subpoena the officer to provide either a written description or a map showing where he was and where I was when we clocked me? I think he must have been pretty far away for me not to see him, so I will try to prove that he was out of the operating range.

ThanksWhat is the name of your state?

 

[cepe10]

You can ask for his notes on the incident and both sides of the ticket, through discovery or through a public information act request. Some location will be there in order to determine the speed zone. Beware that some LEO's will certainly feel free to "tailor" this info to their agenda...I guess you can subpeoana the info as well...

you already know about pleas for deferment and traffic school etc.

Your may be better off challenging the calibration of the instrumentation (or lack thereof)

Try running quotes on netquote or equivalent - your insurance will see you have run quotes through other insurers and will consider the fact that you are shopping when they decide the increase.

 

[The Occultist]

Most insurance companies will not increase if it's only a mere non-moving violation, so if you do decide you want to try pleading down, try to plea it down to non-moving.

 

[j-dawg44]

Most insurance companies will not increase if it's only a mere non-moving violation, so if you do decide you want to try pleading down, try to plea it down to non-moving.

NJ, in their infinite wisdom, decided that this is no longer allowed a few years back. You can only plead down to "operating a vehicle in an unsafe manner". This violation carres no DMV points (although it can be much more expensive than a speeding ticket) and supposedly doesn't affect your insurance in NJ.

Things are different in DE, however. I checked with my insurance company and, after about 10 mins on hold, they said it would probably be considered a "minor moving violation" which actually carries a larger premium increse than speeding.

So unfortuantely, I will have to fight.