Unfair ticket?

[blendecho]

I live in MA but my ticket is in NH.

Hi. I recently received a ticket for going 85 in a 35 zone, and since that's 26+ over the posted limit I have to appear in court. However, the 35 was right before a set of tollbooths on a 65 limit highway, and night construction obscured the "reduced speed ahead" sign, so the policeman must have radared me just as I was entering the 35 zone since I had to slow down in order to go through the tollbooths. How should I go about presenting this in court? Should I plead nolo contendere or not guilty?

Also, should I ask about the calibration of the radar gun? What is the limit on how long ago the gun can have been calibrated and still be legally deemed accurate in New Hampshire? Thanks so much.

[JETX]

Originally Posted by blendecho

IHow should I go about presenting this in court?

Sounds to me like you should present as "Guilty as charged". You provide NOTHING to even suggest the ticket wasn't valid.

Should I plead nolo contendere or not guilty?

Doesn't matter. As long as there are no civil damages, they are the same thing.

[seniorjudge]

Originally Posted by blendecho

I live in MA but my ticket is in NH.

Hi. I recently received a ticket for going 85 in a 35 zone, and since that's 26+ over the posted limit I have to appear in court. However, the 35 was right before a set of tollbooths on a 65 limit highway, and night construction obscured the "reduced speed ahead" sign, so the policeman must have radared me just as I was entering the 35 zone since I had to slow down in order to go through the tollbooths. How should I go about presenting this in court? Should I plead nolo contendere or not guilty?

Also, should I ask about the calibration of the radar gun? What is the limit on how long ago the gun can have been calibrated and still be legally deemed accurate in New Hampshire? Thanks so much.

You have no case.




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/military posting in [name a place 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!”)

[url]http://forum.freeadvice.com/showthread.php?p=854687#post854687[/url]

Public defender’s advice

[url]http://newyork.craigslist.org/about/best/sfo/70300494.html[/url]


Other people may give you other advice; stand by.

[Shay-Pari'e]

Umm, didn't you see the toll booth? Give me a break! Did you expect to fly through it?

You were still speeding before the reduced speed before the toll booth.

[blendecho]

I am not entirely convinced I was actually going 85 since I'm pretty careful about my speed. How recently must the gun have been calibrated to be deemed legally accurate? And I did slow down before the toll booth. I don't deny that I was speeding before the tollbooth, but it was 85 in a 65, not 85 in a 35.

[JETX]

Originally Posted by blendecho

How recently must the gun have been calibrated to be deemed legally accurate?

Most radar devices are run self-diagnostics at the start of every shift... and sent off to be factory tested annually.

[blendecho]

I've heard of a bunch of people who got off because the radar gun hadn't been calibrated recently enough. Is that just a myth then? I think that even the section on this site said that was the case.

You have a right to see the gun and to see the basis for which the cop is stopping you. You'll need to do some work, but you can also subpoena the calibration records for the gun. In California, for example, if it wasn't calibrated within the last 10 days of your stop, you win.

[seniorjudge]

Originally Posted by blendecho

I've heard of a bunch of people who got off because the radar gun hadn't been calibrated recently enough. Is that just a myth then? I think that even the section on this site said that was the case.

Go for it.

Let us know what happens.

[JETX]

Originally Posted by blendecho

I've heard of a bunch of people who got off because the radar gun hadn't been calibrated recently enough. Is that just a myth then?

Lets see... .probably something like quarter million speeding tickets given out across the US every day.... If 30 get their tickets dismissed due to 'radar gun not calibrated recently enough'.... is that a BUNCH??

[seniorjudge]

Originally Posted by JETX

Lets see... .probably something like quarter million speeding tickets given out across the US every day.... If 30 get their tickets dismissed due to 'radar gun not calibrated recently enough'.... is that a BUNCH??

Yes...if they are all grapes.

[blendecho]

Call it small sample size if you'd like, but a significant number of the people I've talked to mentioned it.

[seniorjudge]

Originally Posted by blendecho

Call it small sample size if you'd like, but a significant number of the people I've talked to mentioned it.

A significant number of people I've talked to mentioned that the Great Wall of China can be seen from the moon.

[blendecho]

I'm not an idiot, I know it's unlikely, I'm just trying to figure out if it's worth a shot or not.

[The Occultist]

If you plead not guilty and try to fight it and lose, then you miss out on some of the advantages to those who don't fight it, such as potential plea bargians. You will not be able to request calibration logs until you actually go to trial by pleading Not Guilty, so you can't try looking at the records and then decide you want to plead guilty.

[blendecho]

So you're saying that it's probably best to just plead guilty and see what I can get out of a plea bargain?