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04-22-2002, 05:30 PM
| | | Unfairly paced in OR? A few weekends ago I got a speeding ticket here in Oregon. The way I got it though is kind of sketchy and I was wondering if there was anything that could be done about this. Here's the details:
I was following a friend down a 35 mph two lane city street in the right lane. He passed a car that was in the left lane, and got in front of him. I didn't know where we were going so I had to stay behind him. I also passed the guy and got behind my friend. As I was passing the car, a cop was waiting at an intersection to turn right and go the same direction as us. Right when I got behind my friend, the cop flew up and flashed his lights. He ended up pulling me over just two blocks down from where he was waiting. On the ticket I got, the cop (who was a real prick I might add) said he paced me, and written on the ticket is a 50, but then the 0 was scratched out and in it's place is a 5+. So the ticket says it's for 55+.
What I'm trying to figure out is if the cop is able to "pace" me in the distance of two blocks, given that the majority of that distance is taken up by him speeding from a complete stop to get up behind me. He obviously didn't know what speed I was going because he originally wrote 50 and then changed it to a 55+.
Do I have any chance of getting this dropped in court? If so, what kind of plea should I enter, and what should I focus on as my arguement? Thanks to any help you guys can provide for me | 
04-22-2002, 05:37 PM
| | Senior Member | | Join Date: Jan 2001 Location: Washington state
Posts: 10,652
| | | Were you speeding? Your story does not offer any plausible defense. I would suggest talking to an attorney. In some states the change on the citation (50 to 55+) may be enough to warrant dismissal. | 
04-29-2002, 05:02 PM
| | | | Where in Oregon did this happen? Springfield maybe?
Eastern Oregon? | 
04-30-2002, 01:31 AM
| | | | This was in Portland on 39th. The cop was on Burnside and pulled me over before we got to Glisan | 
04-30-2002, 08:44 AM
| | | | I'd sure enough fight it. You got a chance at winning when ya explain your case in front of a jury | 
04-30-2002, 01:31 PM
| | | | I wonder if this is the same cop who cited my friend for going around the outside line of the 39/Glisan traffic circle when he didn't. I tend to believe he didn't because he grew up in Boston and actually know how traffic circle are supposed to work, which is more than I can say for most people here.
On the other hand, if you were exceding 50 on that part of 39th (residential with lots of side streets and lined with trees to block visibility - not to mention you were about half a mile from the traffic division garage), you deserve every cent of the $160+ fine you're getting AND you should give your friend a swift kick in the arse (I wonder if that would be a Measure 11 offence?). At the very least, I'd ask him or her for half the money.
If you take it to court, you will lose, especially if you were rude back to the cop. But, if you have a plausible story and an otherwise clean driving record, the judge will cut the fine down, sometimes by as much as half - which is what happened with my friend who got the traffic circle ticket. His fine was reduced down to $75 from $150. But, if you got mouthy (likely the reason he increased the speed he wrote you up for), you might as well just mail it in because the judge will ask when he gets the officer's story.
Good luck - provided you didn't do it. | |
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