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Speeding ticket - Advice please

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CarrieT

Member
What is the name of your state? Oregon

On Labour Day, I was on the way to work, and I was stopped and given a ticket for speeding. I had turned off of one 2 lane street onto another 2 lane street. The speed limit is 35 on the street I turned onto. About 2 blocks down, I saw an officer at the window of a car he had stopped, with his motorcycle parked about 4 feet behind the vehicle, its lights flashing. When I saw him, I looked down to check my own speed and saw that I was going 38 and so slowed a bit, but wasnt at all concerned.

I then continued down another 8 blocks (the 45 zone started right after where he had stopped the other car) and suddenly saw him in my rearview mirror with lights flashing. I thought he wanted me to move out of his way, as another car had gone zipping past, so I moved into the right hand lane - but he followed right behind me, so I pulled over to the shoulder and stopped the car. He came up to the window and said 'do you know how fast you were driving back there?" and I answered 'yes, why?" and he said "I clocked you at 52 mph'. And I asked him if he was sure it was *me* he had clocked as I was only going 38 at my fastest and he said yes, he was positive because his machine was 'vehicle specific and speed specific'.

My question is... HOW could he have 'clocked' me at all, if he was no where near his motorcycle at the time, was talking to the driver of the first car at their window, when I drove past. And doesnt the officer have to be holding the machine when someone drives past in order for it to be vehicle specific and speed specific? Ive seen them out on the freeway with the machine in their hands holding it out trying to catch people. And I know positively that I was going only 38 and had then slowed down to exactly 35 when I saw him talking to the other vehicle.

My driving record is impeccable. The last ticket I received was 30 years ago, when I had just earned my liscense, and apart from reading the instructions on the back of the ticket (the fine is $140 !!!) Im not sure WHAT exactly to do or say when I go to court. I do not feel its acceptable to be charged with, and fined for driving a speed I was not going. I was going 3 mph over the limit, that is true, but I wasnt going as fast as he says he 'clocked' me.

This is his word of honor against my word of honor... but he is mistaken, however I dont want to be disrespectful to the judge and explain that the officer is clearly in error. So how do I handle this?

Any advice on this would be greatly appreciated, as I cannot afford for my insurance to be raised, nor do I want my good record blemished. I also pride myself on being a careful and defensive driver and this ticket, in essence, is saying I am not and that doesnt sit right with me.

Thank you
 


CarrieT said:
What is the name of your state? Oregon

My driving record is impeccable. The last ticket I received was 30 years ago, when I had just earned my liscense, and apart from reading the instructions on the back of the ticket (the fine is $140 !!!) Im not sure WHAT exactly to do or say when I go to court. I do not feel its acceptable to be charged with, and fined for driving a speed I was not going. I was going 3 mph over the limit, that is true, but I wasnt going as fast as he says he 'clocked' me.

This is his word of honor against my word of honor... but he is mistaken, however I dont want to be disrespectful to the judge and explain that the officer is clearly in error. So how do I handle this?
We get tired of hearing this, but a lawyer is always the best first step. Speeding citations (and lots of others) are expressions of an officer's judgement call, and he is often wrong....and is calling into question your own judgement. 30 years of clean record is a good argument in favor of the judgement you bring to driving. Could be the officer involved has been wrong dozens of times, but that won't be called into question unless good drivers bring the matter to court....before a third and theoretically disinterested judge. The process is not only in your interest, but also hones the judgement skills of officers. Otherwise the guy continues to get paid for doing sloppy work....and can get sloppier. You may be overawed by what you are calling his "word of honor". It's just his snap judgement involved here, and he is facing no fine for being wrong, risking public safety when chasing you down and blocking traffic to stay busy.
 
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CarrieT

Member
poppakeith said:
We get tired of hearing this, but a lawyer is always the best first step. Speeding citations (and lots of others) are expressions of an officer's judgement call, and he is often wrong....and is calling into question your own judgement. 30 years of clean record is a good argument in favor of the judgement you bring to driving. Could be the officer involved has been wrong dozens of times, but that won't be called into question unless good drivers bring the matter to court....before a third and theoretically disinterested judge. The process is not only in your interest, but also hones the judgement skills of officers. Otherwise the guy continues to get paid for doing sloppy work....and can get sloppier. You may be overawed by what you are calling his "word of honor". It's just his snap judgement involved here, and he is facing no fine for being wrong, risking public safety when chasing you down and blocking traffic to stay busy.
Thank you for your reply :)
Do I contact a lawyer now? Or do I wait until after I go to the court? The back of the ticket says one of the options is "go to court and plead not guilty and ask for a trial" which I guess is what I need to do.

What about the machine he says 'clocked' me? Is there any way to show that it was wrong? I would imagine he would bring that machine to the court as 'proof'.

Thank you again :)
 

cdawg57

Junior Member
We're in the same boat

KY- I posted a thread last week about this same type of problem but got no responses....my daughter had her cruise control set at 56 in a 55 zone on Labor Day weekend and the state police coming towards her says he clocked her at 76...there was a small truck that passed her doing about 80 right before he pulled her over and she also thought she was just trying to get out of the cop's way so he could catch the real speeder...

I know we probably should get a lawyer, but the ticket is $ 175 and I have no idea how expensive a lawyer would be, but we cannot afford to have the points on her license, insurance wise either...she also has a clean record and has never even been pulled over....she really is a conservative driver that might go 5 over but NEVER 21 over...the cop was a real d...head and didn't even tell her how fast he thought she was going until he handed her the ticket..... we will have to go twice to court which is about a 2 1/2 hr drive from here....I'm so furious about this, but as you say...it's his word against her and we had to get a continuance because she has an exam on the original court date, so I'm sure he will get notice of it and will show up...

If anyone has some advice on how this process works and what we can do..please help!!! We already had her CC verified...what else can we do??


Sorry, I know this isn't much help to you.....but we're in the same boat...so good luck to you!!
 

Pugilist

Member
I always go to a court trial on my tickets, because very often the officer does not show up. If he doesn't show up, the case is dismissed.

Here in CA, if you go to traffic school that keeps the points from going on your record - maybe it is the same in OR. Here in CA they "dangle" that to discourage you from going to trial, by suggesting that you will lose your chance to go to traffic school if you fight the case. But what they suggest is not true - you do not lose your chance at traffic school just because you fought the case. The judge can still grant it to you, if he is willing. Some are, some aren't.

I am saying all this stuff about CA because OR may have some of the same procedures. You should check it all out, before you give up. Try posting on some newsgroups or forums that attract a lot of people from OR - some of the people who reply will have the inside info and will be very happy to share it.

Pug

(Yes, this is the same answer I just posted to the speeder from Nebraska, with only the name of the state changed.)
 

CarrieT

Member
Pugilist said:
I always go to a court trial on my tickets, because very often the officer does not show up. If he doesn't show up, the case is dismissed.

Here in CA, if you go to traffic school that keeps the points from going on your record - maybe it is the same in OR. Here in CA they "dangle" that to discourage you from going to trial, by suggesting that you will lose your chance to go to traffic school if you fight the case. But what they suggest is not true - you do not lose your chance at traffic school just because you fought the case. The judge can still grant it to you, if he is willing. Some are, some aren't.

I am saying all this stuff about CA because OR may have some of the same procedures. You should check it all out, before you give up. Try posting on some newsgroups or forums that attract a lot of people from OR - some of the people who reply will have the inside info and will be very happy to share it.

Pug

(Yes, this is the same answer I just posted to the speeder from Nebraska, with only the name of the state changed.)
Hi Pug
Thank you for your advice! I didnt know that if the officer doesnt show up it will be dismissed. I also didnt know anything about traffic school. I will research for newsgroups for Oregonians. Youve been very helpful :)
 
To Carrie and cdawg57

cdawg57 said:
KY- I posted a thread last week about this same type of problem but got no responses....my daughter had her cruise control set at 56 in a 55 zone on Labor Day weekend and the state police coming towards her says he clocked her at 76...there was a small truck that passed her doing about 80 right before he pulled her over and she also thought she was just trying to get out of the cop's way so he could catch the real speeder...

I know we probably should get a lawyer, but the ticket is $ 175 and I have no idea how expensive a lawyer would be, but we cannot afford to have the points on her license, insurance wise either...she also has a clean record and has never even been pulled over....she really is a conservative driver that might go 5 over but NEVER 21 over...
When the testimony comes here, secondhand, from a daughter's story, it is difficult for outsiders to assess which party is fudging on reality, the cop or the daughter....maybe both. The scenario you describe, a cop getting a radar reading from the wrong car, is one I have seen happen on more than one occasion. It's just as hard to defend against as sighting and estimation of speed by the cop. Getting a lawyer is still the best route, not much different in cost, in the long run. Keeping a record clean is worth the money....if as you say the girl is a conservative driver. Also, you could tell daughter that 55 does not mean 56....especially on heavy-traffic days, when the cops are out in droves and adrenalin runs high.
 
CarrieT said:
Thank you for your reply :)
Do I contact a lawyer now? Or do I wait until after I go to the court? The back of the ticket says one of the options is "go to court and plead not guilty and ask for a trial" which I guess is what I need to do.

What about the machine he says 'clocked' me? Is there any way to show that it was wrong? I would imagine he would bring that machine to the court as 'proof'.

Thank you again :)
Get the lawyer first....right away, before the first court date. He may be able to cut a deal for you that suits everybody best.
 

cdawg57

Junior Member
Also, you could tell daughter that 55 does not mean 56....especially on heavy-traffic days, when the cops are out in droves and adrenalin runs high.[/QUOTE]


Thanks, I appreciate your advice....I agree, speeding is speeding, but he didn't give her a ticket for going 1 mph over...if he had, she would just pay it, but 21 over is a different story...I know you don't know us from Adam, and I'm sure everyone thinks that I'm just a gullible mom sticking up for my daughter, but I have to say that when my kids make a mistake they have always known there is a consequence to pay...if she had been guilty, she would have owned up to it....she is adamant that she had it set at 56 and I believe her whether you do or not....does anyone know the best website to find out state/county traffic laws??
Thanks
Cdawg
 

LSCAP

Member
In some courts they wont throw it out on the first non-appearence of the officer. (My son just went the other day and has to go back next week).

Cruise control doesn't limit the speed. Your daughter may have eased the pedal past the set amount with out realizing it.

And a lawyer is cheaper. Count the cost of the ticket, court costs and raised insurance for a couple of years. Just having a driver with less than three years experience raised the total cost of my four old cars from 400 monthly to 800, and that was with no tickets or claims.
 
cdawg57 said:
I know you don't know us from Adam, and I'm sure everyone thinks that I'm just a gullible mom sticking up for my daughter, but I have to say that when my kids make a mistake they have always known there is a consequence to pay...Cdawg
The accusation was lodged by the cop, against your daughter. It would not be proper to suggest it came from me. As a disinterested party in this matter, I am like the judge she will face....not knowing her from Eve, and pretty unimpressed with emotional defensiveness of the girl by a parent. Cop tells me she is a speed demon, I'm gonna figure she is probably a normal kid; You tell me she is an angel, I'm gonna figure she is almost certainly a normal kid. This is not about the relationship between mother and daughter. It is about the stark reality of daughter's relationship to the traffic court, and whatever the court says is the way it's gonna be. If moms were on the bench, the cop would go to jail. Let the lawyer do the talking.
 

CarrieT

Member
poppakeith said:
We get tired of hearing this, but a lawyer is always the best first step. Speeding citations (and lots of others) are expressions of an officer's judgement call, and he is often wrong....and is calling into question your own judgement. 30 years of clean record is a good argument in favor of the judgement you bring to driving. Could be the officer involved has been wrong dozens of times, but that won't be called into question unless good drivers bring the matter to court....before a third and theoretically disinterested judge. The process is not only in your interest, but also hones the judgement skills of officers. Otherwise the guy continues to get paid for doing sloppy work....and can get sloppier. You may be overawed by what you are calling his "word of honor". It's just his snap judgement involved here, and he is facing no fine for being wrong, risking public safety when chasing you down and blocking traffic to stay busy.
Hi there
Ok, well I chose not to hire an attorney, as it would cost more than the original ticket would have - but I did plead not guilty and I will be going to 'trial' for that.
I called the courthouse to find out how to obtain the officers notes and was told that I had to call the Sherriffs office and ask the officer, himself, who issued me the ticket if he would please copy his notes for me ????? I have decided that isnt worthwhile nor would it benefit me, as it would then give him reason to definitely show up in court.... and as Im hoping that maybe he wont and thus wouldnt have to worry about it then, it wouldnt behoove me to do that :)
So, after reading the postings on here, and because the speed trap law doesnt apply here, nor is there an option for traffic school in Medford, all I can do is show up dressed nicely, clean and tidy, and speak respectfully to the judge - telling my side of what happened, and hope for the best.
Isnt our court system wonderful? HA!
Carrie
 
CarrieT said:
I then continued down another 8 blocks (the 45 zone started right after where he had stopped the other car) and suddenly saw him in my rearview mirror with lights flashing.
Did you ever watch CHiPs??? Notice that there were 2 officers riding together? Yet, they looked almost identical? I know, in my town, officers double up to focua on an area. I would make a good bet that the officer who was talking to the OTHER var, was not the m/c officer who stopped you. Possible?????

While the one was writing a ticket, the other very easily could have got you with his radar, before you even saw the stopped officer.
 

CarrieT

Member
poohmantbb said:
Did you ever watch CHiPs??? Notice that there were 2 officers riding together? Yet, they looked almost identical? I know, in my town, officers double up to focua on an area. I would make a good bet that the officer who was talking to the OTHER var, was not the m/c officer who stopped you. Possible?????

While the one was writing a ticket, the other very easily could have got you with his radar, before you even saw the stopped officer.
I thought of that as well :)
However, I know I was not speeding before I saw the one who stopped the other person, as I had turned left onto the road, and within about a block or so you can see all the way down the road for about 3 miles and the officer with his lights flashing was just right there, maybe 2 blocks down, so I didnt even have enough time to get UP to the 52 mph that the officer claims I was going (in a station wagon no less! - which, believe me, does NOT do *zero to 60 in 10 seconds*)

Also, if the one who stopped me was a second/different officer then why did he wait 8 blocks before stopping me? (the 35 zone is only about 2 blocks long and then it changes to a 45 mph zone and I was already well into the 45 zone and only going 42 by then, when the officer pulled me over).

I know that I was not speeding, which is the bottom line. And I am an honest person with an impeccable driving record (despite what cwd has said) So Im just going to go to court and tell the truth to the judge and hope for the best :)
Carrie
 

mometal77

Junior Member
hi

I once got pulled over and was told i was going 76 in a 55 asked to see the machine and it said 52. ugh idiot.. i would fight
 

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