Need Help.. SPeeding ticket..

OK.. i HAD a perfect driving record.. no points or anything, until last week i was driving to school... i was driving slow because i knew that cops always roamed the street i was going down... well anyways i was driving and i was up to a light.. it was red so i was slowing down, but as i was getting closer to the light it turned green. I wasn't at the light yet, but there was a car who was stopped and when the light was green didn't move.. I slowed down even more and then i beeped.. The car started moving (slowly) and there was another car on the lane next to her.. the other car next to her began to speed up.. so i put my turn signal and then i passed the slow car.. I sped up just to pass the car driving slow... but when i did that there was a cop standing down the block with his speed radar on... (i didnt notice him) but when i proceeded down the street. someone walked to the middle of the street. it was the cop, he told me to turn of my bike. When i turned off my bike he took my keys and told me to roll to the side... When pulled over he didnt say anything... just took my info and came back to me with a 140 dollar ticket... he said i was going 50 on a 30.. i know i wasnt going that fast... WHAT SHOULD I DO?

well, if you have some family that knows prosecutor etc nows the time to ask favors, just go down to the prosecutor before the trial and try to talk it down.  if you think the cop was totally wrong plead not guilty, and then try to beat it or just talk to the prosecutor once again and see if they'll drop it down....you'll still probably get court costs but that beats a hefty fine as well.

woh.... if he clocked you with a radar that gonna be a toughy. the only way to get out of a radar enforced case is by having a lawyer. you will still pay the fine but you might avoid the points. however, that if youre lucky.

all i can say is that these bikes move quickly with out a lot of throttle responce. not saying you were but where i live 20 over is reckless driving and 140 wouldnt touch that around here.they just seem to have a sore spot for our sport bikes.but when i see how somr of the younger kids ride its no wonder they watch everyone. i was ridine 2 years ago on our favorite mountain following a van at 25 mph the cop sitting on the side of the rode pulls in behine me and gives me the buggle gum treatment.i want go into the story but i had to miss a day from work drive 50 miles to court along with everything i needed and it got thrown out of court and i am 54 years young and they make it harder on the younger boys i wish you luck.sorry for your trouble but if he knew you were just trying to pass the slow car he should of cut you a break

1 - Get a lawyer. Yes, it will cost you, but that is your BEST chance of getting outof a ticket (I recently got out of a rwckless driving ticket)

2- Ask to take the Driver Safety Course or ask to go under Court Supervision. These options (if available) are kind of like a "get out of jail free" card for first time offenders.

thanks for all the replies... this is my first offense ... do you guys think they will cut me some sort of break..??
 

If it's your first ticket and have a good record, I wouldn't even worry about it. Just pay and be done.

quote:

ORIGINAL: CBattR1000
thanks for all the replies... this is my first offense ... do you guys think they will cut me some sort of break..??

why would you think they will give you a break? trust me, the dmv judges heard so many stories that yours will not even come close to their crap list. if the officer comes in to court he will claim that you were reckless and coked out + other things. even if the officer does not show up, your case will be difficult to fight since its radar enforced.
i know you dont want to waste money on a lawyer but i think that is your safest choice to go with in order to avoid points.
good luck

You could try going to court and explaining it to the judge, and he might let you slide. But seriously though, it's just a speeding ticket. (and you were speeding.) So I would just pay the ticket or go to court, but getting a lawyer? That's way too extreme. I mean, really......a lawyer for a speeding ticket? Talk about frivolous.

Maybe the $400 spent on a lawyer would be cheaper than the increase in insurance premiums. If not, then I would just pay the ticket. You will have a clean slate again in three years.

I would just pay it $140 for a ticket is nothing. just tell them you want to take the class. first it will lower the price of the ticket a little. you go to the class or you can go on line and take it. you sit there for a few hours talking about stupied stuff, watch some bloody videos and thats it. That will remove the 3 pointsoff your license. your insurance should not go up for 1 ticket. Trust me i have been to the class 3 times and a 12 hour class for having my license suspended. i have roughly 33 tickets over the last 8 years. not all moving violations. it is you first time just dont let it happen again   j/k   just be safe next time. hope this helps

My first two tickets were nothin. I was going 85 in a 65 in my truck and all I got was a $60 ticket and some "driving school" where an ex-cop yelled at us about drinking and driving... Second was on my dad's old bike going 13 over, paid $55 dollars and stayed clean for 6 months and it was off my record and insurance. So for me, just paying the ticket and staying clean for a while is the best thing to do. But Montana is very lax.

A couple of bucks isnt bad, I've had 500+ and my latest and lamest claim to fame is good, On Marine Corp Base Camp Pendleton you have to wear hard sole boots covering your ankles, yeah i was in shoes and got my driving privilages for all vehicles suspended for 30 days.  Talk about stupid.  Pay the fine go to drivers ed and accept the fact that theres more to come, The world hates motorcyclist even most motorcycle cops.

Well I'm suppose to reply to the summons within 15 days, The real question is, Should I reply guilty or not-guilty??? i have 9 days to mail in my reply.....  

of course you are not guilty, what kinda of question is that?

sorry to say its a case of he said she said and the law, stands behind you guessed it law enforcement. Sometimes just the prinicipal of going to court may get you out of points being issued. Taking the class does the same thing, however you have in most states a life time limit of 5 or 6 attendences of it. If you do plan to fight it getting a lawyer does not mean you will win, it may show the fact you are serious that there has been a mistake. Also replay the scene in your mind. Did you change lanes and end up in clear line of sight for the officer? Also your story of the slow car leaving off the light will also speak that you were no at a stand still and that you had to be travelling at least 10mph faster than then the car and I am sure the Judge will assume you would be at or near the posted speed since you never fully stopped.
 
Your best bet is to fight it for the principal, be polite to both the officer and judge (hello good morning etc be polite no matter what!!!) dress well, keep an innocent face, speak clearly, use no slang. Statements such as cops are out to get bikers or because i am young they pulled me over will mark you as someone looking for an excuse. Its no different then someone pulling the race card we are all heard it before and these judges spend day in and day out hearing every type of excuse. Make it clear of your record, now if you are 16 and have had a lic for 3 months thats not any credit :)
 
 these days most officers show up and have the radar logs showing the equipment was recalibrated as required to be be accurate however you never know. It is a gamble but one i would say is worth it, where i am from oringinally the cheapest ticket you got for speeding is $150. (my case he didnt show but i was initially tried but later dismissed as I explained truthfully i was under the speed limit in heavy florida rain in rush hour traffic and my truck hydroplaned and that me being issued a reckless driving ticket for something i could not have predicted is not grounds for that ticket, I even brought photos of the lane where my event began that showed where the water may have pooled in a 100 ft gorge on the hwy) 
 
Court is 90% judgement on the person and 10 % actual law dont forget that. Thats why someone can steal 5k in clothes and get probation or someone can steal even less and get a few days in jail.
 
Getting the points off the offense is the most important as that is what insurance looks at.  (i worked for an insurance company by the way)
If you do plead not guilty write down what you want to say, to focus your defense and by all means do not contradict yourself or say something that can lead to other assumptions such as you saying you overtook the slow moving car, the judge will say perhaps he was slow to you because you were doing 20 over the posted.
 
 I am not a lawyer either just some advice good luck

YOu write too much...lol summarize please

lol ok cBatt, This was my first post it had to be one to remember, actually i had the window really small I didnt see how much I typed (wow) basically I was giving you a game plan if you decide to fight it,
1st paragraph, you need to focus on the scene ask yourself what is logical if there is no logical way the cop could have tagged you, thats your first point.
2nd paragraph how to handle yourself in court, its all a kiss as* game with out over doing it.
3rd paragraph the misconception of if the cop doesnt show up,  what can really happen is they send in a written report that is just as good as if your brought in a notorized statement
4th just the importance of wanting at least no points on your lic they may have a term which is pleading NO contest, all that means is you are guilty but you are not saying your guilty or put another way someone says you did it, but you choose not ot respond to it either way.
 
Good LUCK I think is about as summarized as i could get it lol pm if you want more lol

This has gotten me out of a number of tickets.

1)      Look on the internet for the number and call the Department of Transportation in the county or city where your ticket was issued. If you cannot find number, call the court phone number on your ticket. Get a phone number from them for the city or county offices (or whatever named office they are calling it, that handles transportation matters for that area. Call them and get a copy of the “speed survey/traffic study” (sometimes referred to as an “Engineering and traffic survey”) of the road and location where your ticket was issued. They may end up referring you to the city engineering office or something similar. But whatever it takes, get a copy of the survey! It is the law, that they MUST send it to you if you request it, although it may cost a small fee (IE: $5), to have copy sent to you. If you are given any trouble by anyone while trying to get a copy of the survey, point out the Federal law, called the “Sunshine Act”, and the “Freedom of Information Act” requires them to provide it to you. Do not reveal the reason you want the survey. Just say you need it for business purposes, or something to that effect. You do not want to risk tipping the police off as to what your defense strategy is.

2)      If you are told that a speed survey for the location that your ticket was issued at does NOT exist, document the name, title, etc, of whoever told you that. Get the person who told you there’s not survey to fax or email you that a survey does not exist (on their letterhead, or with their email address showing) – so that you have it in writing from them. GIVE THE JUDGE the Case law (and vehicle codes if we have provided them), and request a dismissal on the basis that a speed survey MUST exist for all roads in the U.S. If the judge refuses your motion for dismissal point out that the case law supports your motion for dismissal. If after reviewing the case law, the judge objects to the case law because it is from another state. (If we have provided vehicle code excerpts) Point out you have also given him vehicle code excerpts showing that this is also the law in THIS state. Also say that all 50 U.S states are compelled to make their rulings based on Federal law as described in the MUTCD. Therefore this state and any other by federal law are supposed to be following the same guidelines. (Legal justification for this can be found below)

3)      If you already have a copy of the survey, do NOT reveal to the court right away that you have one. Instead open your defense by asking the prosecution to produce right now in court the speed survey. If they do not have it with them - hand the judge the case law. If they have not produced the survey, ask the judge to dismiss the case right now. If he does not, go on to number 4.


4)      When you get the speed survey check the date that the survey was conducted. If the date is 5 years or more, older than the date of your ticket, bring the survey to court, hand the judge the case law, (and vehicle code excerpts if we have provided them) and request the ticket be dismissed on the basis of an outdated speed survey for the area your ticket was issued. If the judge refuses your motion for dismissal, point out that the case law supports your motion for dismissal. If after reviewing the copy, the judge objects to the case law because it is from another state…(If we have provided vehicle code excerpts) Point out you have also given him vehicle code excerpts showing that this is also the law in THIS state. AND also that all 50 U.S states are compelled to make their rulings based on Federal law as described in the MUTCD. Therefore this state and any other by federal law are supposed to be following the same guidelines. (Legal justification for this can be found below)





5)      If the survey is less than 5 years old,

wow... thanks alot..you sound like a lawyer..lol