What is the name of your state (only U.S. law)? NY
An NYC borough, if this helps.
Hi there!
In early October of 2010 I was framed by a rookie (I assume) cop for doing 55 in a 40 mph zone. Didn't go nearly as fast, knew the cops were there (actually saw the police car sitting on the divider) as they often are on that stretch of the road, so was watching both my speed (relatively speaking) and the speedometer and know the exact reading. What happened was that a pick-up truck cut in front of me (cutting me off too) in the left lane of a four-lane street at the nearest to the cops intersection when all the cars were slowing down, coming to a stop at a red light, and, as the light turned green before we stopped, sped up and was steadily pulling away from me. I didn't think I had a worry in the world... lagging way behind that guy, in the head of a wave of cars. As the truck was passing the cops he swerved to the right... Wasn't surprised when the cops put their lights on and turned around (letting by the wave of cars that I mentioned), the surprise came when they pulled me (and I should mention that I was driving an easily identifiable cab) instead of that truck (which was already gone by the way.) I genuinely couldn’t understand what the matter was, had to wait till the cop came back with my license to tell me that I was speeding. When asked about the pick-up truck the cop replied that it was going slower than I was. (Which would contradict the law of physics, as I understand them.) When I looked at the ticket and saw 55 mph, I couldn’t believe my eyes. The funniest thing, and I’m used to these happening in my life, was that I had a passenger in my car who could have been an eyewitness on my behalf. Well, if the guy wasn’t blind.
In court I explained everything the best I could to the judge, mentioning that I knew that this street was often monitored and that one couldn’t make me go faster than 50 mph there. (About the usual speed that cars fly by on that part of the road.)
Anyway, the judge rules, and I quote now: “Based upon the evidence I find the charge has been established of fifty in a forty by clear and convincing evidence. I do make a finding of guilty as to fifty in a forty. The visual was fifty-five plus the minus five.” (50 wasn’t the speed that I was doing either, for the record.)
Then he goes on to look at my record and sees a previous conviction of doing 78 in a 50 in early June of 2009 and proceeds telling me (with the trial taking place in the middle of March of 2011) that if I were to get a third speed my license would be revoked. He tells me that he would issue a warning on my license, a letter that I would receive in the mail reminding me that I need to do much better because a third speed means revoked. (I don’t believe that I received that letter. Could have been lost in the mail, or could have been that he never sent it, realizing perhaps that the previous violation took place more than 18 months ago.)
I am in an appeal stage right now and need to submit my final arguments.
My main objection so far was that the actual speed that I was going with was never established in court. That’s besides the point that the speed that I was convicted for was higher than the one I was going with.
My biggest question is, if a radar was used and showed, presumably, 55, can a judge override it by simply saying “plus the minus five”? Or did he use my general statement of never going faster than 50 there as some kind of confession? The problem with that is that it clearly was a general statement: not going faster than 50 does not mean that I was going 50, as it implies any speed of 50 and below, even the legal one.
But also, did a judge make a factual mistake, overlooking the dates perhaps? I must say that I never had points on my license before and so am only now learning how the point system works. So it happens that the judge put me under a lot of stress, unnecessary perhaps, if the statement that he made about my overall record was false and factually incorrect.
I appreciate any help folks, and please ask questions if you need, I’ll try to answer those as soon as I can.
An NYC borough, if this helps.
Hi there!
In early October of 2010 I was framed by a rookie (I assume) cop for doing 55 in a 40 mph zone. Didn't go nearly as fast, knew the cops were there (actually saw the police car sitting on the divider) as they often are on that stretch of the road, so was watching both my speed (relatively speaking) and the speedometer and know the exact reading. What happened was that a pick-up truck cut in front of me (cutting me off too) in the left lane of a four-lane street at the nearest to the cops intersection when all the cars were slowing down, coming to a stop at a red light, and, as the light turned green before we stopped, sped up and was steadily pulling away from me. I didn't think I had a worry in the world... lagging way behind that guy, in the head of a wave of cars. As the truck was passing the cops he swerved to the right... Wasn't surprised when the cops put their lights on and turned around (letting by the wave of cars that I mentioned), the surprise came when they pulled me (and I should mention that I was driving an easily identifiable cab) instead of that truck (which was already gone by the way.) I genuinely couldn’t understand what the matter was, had to wait till the cop came back with my license to tell me that I was speeding. When asked about the pick-up truck the cop replied that it was going slower than I was. (Which would contradict the law of physics, as I understand them.) When I looked at the ticket and saw 55 mph, I couldn’t believe my eyes. The funniest thing, and I’m used to these happening in my life, was that I had a passenger in my car who could have been an eyewitness on my behalf. Well, if the guy wasn’t blind.
In court I explained everything the best I could to the judge, mentioning that I knew that this street was often monitored and that one couldn’t make me go faster than 50 mph there. (About the usual speed that cars fly by on that part of the road.)
Anyway, the judge rules, and I quote now: “Based upon the evidence I find the charge has been established of fifty in a forty by clear and convincing evidence. I do make a finding of guilty as to fifty in a forty. The visual was fifty-five plus the minus five.” (50 wasn’t the speed that I was doing either, for the record.)
Then he goes on to look at my record and sees a previous conviction of doing 78 in a 50 in early June of 2009 and proceeds telling me (with the trial taking place in the middle of March of 2011) that if I were to get a third speed my license would be revoked. He tells me that he would issue a warning on my license, a letter that I would receive in the mail reminding me that I need to do much better because a third speed means revoked. (I don’t believe that I received that letter. Could have been lost in the mail, or could have been that he never sent it, realizing perhaps that the previous violation took place more than 18 months ago.)
I am in an appeal stage right now and need to submit my final arguments.
My main objection so far was that the actual speed that I was going with was never established in court. That’s besides the point that the speed that I was convicted for was higher than the one I was going with.
My biggest question is, if a radar was used and showed, presumably, 55, can a judge override it by simply saying “plus the minus five”? Or did he use my general statement of never going faster than 50 there as some kind of confession? The problem with that is that it clearly was a general statement: not going faster than 50 does not mean that I was going 50, as it implies any speed of 50 and below, even the legal one.
But also, did a judge make a factual mistake, overlooking the dates perhaps? I must say that I never had points on my license before and so am only now learning how the point system works. So it happens that the judge put me under a lot of stress, unnecessary perhaps, if the statement that he made about my overall record was false and factually incorrect.
I appreciate any help folks, and please ask questions if you need, I’ll try to answer those as soon as I can.
That cop totally slammed his foot down on the accelerator using mind control and you know it, YAG!!!
