Want to contest speeding ticket, need help.

[JudgeX]

What is the name of your state? WV

Earlier tonight I turned onto a city road and began moving with traffic, at least 2 cars were going 55 mph in an assumed 35 mph zone (city limits I think are 35, and according to ticket they are)...

After doing this for a block, I thought, "hmm, am I speeding?" and I looked ahead of me to the left, and one of the cars I had been travelling with was actually a cop car, that I had not yet noticed. I presumed it was okay, since no lights were flashing, and did not want to seem suspicious, so, I kept up with this guy for a couple more blocks, and then the lights come on and I am pulled over.

The officers talk to me for a moment and I explain to them I was just following the flow of traffic, and that they were also going 55 mph in a 35 zone with no lights on, and they replied that for certain calls, they do not have to turn on their lights. These officers were stopping at all the stop lights (4) and I sincerely doubt that they were actually on such a call.

Is this worthy of mention when I am called, that I was essentially matching speed with the flow of traffic, which happened to be two officers? I have video evidence, because, upon noticing that they were cops, I used my cellphone to record a video that shows the officer driving in front of me and to the left at 55 mph (documented with my speedometer).

Secondly, they claimed that as I turned onto the street, I ran a stop sign. This would be extremely dangerous and unlike me, and IT DID NOT HAPPEN. Plus, these officers were driving at 55 MPH, how can they see, in the dark, whether a car came to a complete stop or not (which I DID).

I understand that I must plead guilty for travelling at 55mph. I did it, it was stupid, and I deserve the charge, however, can I have it reduced because I felt encouraged by the officers, was not 100% sure of the speed limit, and because I have evidence proving that they were in fact speeding without their lights on? Do I have to also prove whether they were on a call that makes it acceptable to do this or not? and how?

I absolutely did NOT run the stop sign. This charge made me incredulous because I felt as though they just tacked it on to be mean, and because they could and there's little I can do to prove that I did not. What do I do? I would be lying in court if I plead guilty to this part of the ticket.

My record is otherwise spotless, and I am typically a very safe driver... I felt like if it had not been for the officers, I would have never gone that fast, and I hope that this has some merit in the eyes of a judge.... or is he automatically on their side?

Furthermore, since I'm going to be losing points, and these officers should have really just let me go since they were speeding to begin with... should I report their badge numbers as speeding officers? Or does that really not matter at all?

[seniorjudge]

Originally Posted by JudgeX

What is the name of your state? WV

Earlier tonight I turned onto a city road and began moving with traffic, at least 2 cars were going 55 mph in an assumed 35 mph zone (city limits I think are 35, and according to ticket they are)...

After doing this for a block, I thought, "hmm, am I speeding?" and I looked ahead of me to the left, and one of the cars I had been travelling with was actually a cop car, that I had not yet noticed. I presumed it was okay, since no lights were flashing, and did not want to seem suspicious, so, I kept up with this guy for a couple more blocks, and then the lights come on and I am pulled over.

The officers talk to me for a moment and I explain to them I was just following the flow of traffic, and that they were also going 55 mph in a 35 zone with no lights on, and they replied that for certain calls, they do not have to turn on their lights. These officers were stopping at all the stop lights (4) and I sincerely doubt that they were actually on such a call.

Is this worthy of mention when I am called, that I was essentially matching speed with the flow of traffic, which happened to be two officers? I have video evidence, because, upon noticing that they were cops, I used my cellphone to record a video that shows the officer driving in front of me and to the left at 55 mph (documented with my speedometer).

Secondly, they claimed that as I turned onto the street, I ran a stop sign. This would be extremely dangerous and unlike me, and IT DID NOT HAPPEN. Plus, these officers were driving at 55 MPH, how can they see, in the dark, whether a car came to a complete stop or not (which I DID).

I understand that I must plead guilty for travelling at 55mph. I did it, it was stupid, and I deserve the charge, however, can I have it reduced because I felt encouraged by the officers, was not 100% sure of the speed limit, and because I have evidence proving that they were in fact speeding without their lights on? Do I have to also prove whether they were on a call that makes it acceptable to do this or not? and how?

I absolutely did NOT run the stop sign. This charge made me incredulous because I felt as though they just tacked it on to be mean, and because they could and there's little I can do to prove that I did not. What do I do? I would be lying in court if I plead guilty to this part of the ticket.

My record is otherwise spotless, and I am typically a very safe driver... I felt like if it had not been for the officers, I would have never gone that fast, and I hope that this has some merit in the eyes of a judge.... or is he automatically on their side?

Furthermore, since I'm going to be losing points, and these officers should have really just let me go since they were speeding to begin with... should I report their badge numbers as speeding officers? Or does that really not matter at all?

Q: Is this worthy of mention when I am called, that I was essentially matching speed with the flow of traffic, which happened to be two officers?

A: No. If you were speeding, then that means you are guilty of speeding. End of story. Even if. Period.

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.

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 is pregnant/sick/dying/dead/crippled 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.

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.

[JudgeX]

Thanks for the information... I guess I'll see how it goes in court on thursday...

Do I just ask the judge for a decreased penalty or what? Is it worth mentioning that the officers tacked on the stop sign and should have pulled me over for that rather than waiting for me to speed and then retroactively attaching it?

Is this a guilty with explanation type thing or do I just say guilty and ask to have my fines reduced and ask for traffic school or what?

Need a little guidance here...

[The Occultist]

They do not need to immediately pull you over. They may wait a little bit and see what else you do. Also, some officers are in the practice of running the plate number before they bother pulling the culprit over.