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Ticket incorrect

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joeb3651

Junior Member
Arizona

I have a job which allows me to telecommute but on days which I am in the office and have a 55 mile one way commute I'm there for at least 12 hours except Fridays when I bowl. Last night I was returning home from bowling and DPS (highway patrol) had at least 6 cars out on one stretch of highway so I was driving extra careful. As I was pulling into my development I was proceeding E and approaching an intersection where there are 6 lanes 4 for traffic and 2 for turns. In the opposite turn lane was a vehicle which had it's bright lights on facing me and I slowed because it was apparently not moving. So after seeing it didn't appear to be moving I sped up and made my left hand turn as I was making the turn I saw that it was a Sheriff's vehicle and it made a 270 degree turn and began to follow me. It followed me for the 5 miles until I made another left to turn into my section of the development and stopped me a block from my house.
When the officer came up to my window I asked why I had been stopped and he ignored me and then asked me where I was going and I said home, right there and pointed to my house. He then asked me for license, registration, insurance. I had just had my registration renewed a month earlier and had all my paperwork which I presented to him. He informed me that my car was showing unregistered as of May which was 4 months ago. I told him his information was incorrect and all he had to do was look at the documents I presented him with. He asked if I had anything in the car he should be aware of and I replied no and said he was free to look where ever he wished. He took my documents back to his vehicle and after some time came back to my vehicle and asked me why I thought I had been stopped and I said I had no idea. He informed me I had been speeding, 52 in a 45. I said that I didn't see any time that could have happened. When he started following me I NEVER went above 35, the speed limit on the inner development streets is 40. In all the 5 miles from where he started following me to where he stopped me. He never put the lights on or stopped me until I was within 50 feet of my house.
I apologize for the length of this post but I want to make sure all the points are presented. When he was giving me the ticket he said that I need to contact MVD an tell them my registration was messed up and showing expired. I have contacted MVD and found out there is nothing wrong with my registration. OR license, OR insurance. I also found it strange that I should be asked where I was going a block from my house. Shouldn't the on-board computer have shown that? And then I found the answer. The license plate on the ticket is incorrect!
I feel that I was originally stopped for a registration violation and since all my paperwork was valid I got a BS ticket because the officer wasn't paying attention. Do I have a case to have this ticket thrown out?

Thanks,

JB
 
Last edited:


I_Got_Banned

Senior Member
He informed me I had been speeding, 52 in a 45. I said that I didn't see any time that could have happened. When he started following me I NEVER went above 35, the speed limit on the inner development streets is 40. In all the 5 miles from where he started following me to where he stopped me. He never put the lights on or stopped me until I was within 50 feet of my house.
It is highly likely that he clocked your speed before he started following you... He doesn't have to be on your tail to be able to measure your speed. In fact, you yourself have stated that you, and I quote:

I sped up
The license plate on the ticket is incorrect!
As long as your driver's license number is correct, then the error he made in writing the license plate number does not mean the ticket is BS.

I feel that I was originally stopped for a registration violation and since all my paperwork was valid I got a BS ticket because the officer wasn't paying attention.
It is possible that he originally intended to stop you for your speed, when he followed you, he ran your plate number came up with the wrong registration info, decided to look into that, and later decided to still write you up for your speed.

Do I have a case to have this ticket thrown out?
Based on what you posted here.. probably not. You need to find out where the alleged infraction occurred, what the speed limit was, how he measured your speed.... etc. Taking guesses at what he saw and when, and making assumptions that he just made up the speeding charge just to write the ticket, will get you nowhere in court.
 

HighwayMan

Super Secret Senior Member
Maybe when he ran your plate he typed it in wrong. I've done that, especially while I'm driving.

Stopping someone for 7 over the limit is fine, and I've done it to check their license, etc. But I would never write anyone for that speed - I think it's ridiculous, personally.

I won't bother you unless you're 15 over at least.

People seem to get hung up on "he followed me for x miles before he stopped me". That is supposed to mean what exactly?

And just because he ran your plate doesn't mean he looked at your address or even knew what street was what in the area. If things don't make sense to you then don't assume that they have any bearing whatsoever on the violation or the validity of the summons/ticket.
 

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