Speeding ticket

[scorpiojkd]

In Florida we can amend the ticket in open court. We can change any errors, change the charge (upgrade, downgrade or dismiss) as long as we can support it. Officers do make mistakes when writing citations, doesn't mean its automatically dismissed.
Some officers pre-sign the citations (signature, date, county, city, whatever) at the start of a shift in order to speed up the process on a stop. Perhaps he just grabbed one that he didn't use before and neglected to fix the date. You can always go to court and request a withhold on points and adjudication and just pay the fine. You're at the mercy of the judge or hearing officer at that point.

 

[rylan1]

No need for a lawyer..but take it to court. But I first would consider is it worth it to you for the time and effort. For insurance purposes..probably...time off work...

.
I think the judge would possibably wave the ticket..and score you with no points. I think you have a case with the date of the ticket, but also with intrapement w/you coming down a hill. Also,you previous no ticket record. So I would fight it...the worse I think would happen is that youmayhave to pay $40 or whatever in court costs. Good Luck

 

[lexluethar]

Originally Posted by scorpiojkd
http:///forum/post/2454894
In Florida we can amend the ticket in open court. We can change any errors, change the charge (upgrade, downgrade or dismiss) as long as we can support it. Officers do make mistakes when writing citations, doesn't mean its automatically dismissed.
Some officers pre-sign the citations (signature, date, county, city, whatever) at the start of a shift in order to speed up the process on a stop. Perhaps he just grabbed one that he didn't use before and neglected to fix the date. You can always go to court and request a withhold on points and adjudication and just pay the fine. You're at the mercy of the judge or hearing officer at that point.
Can they do this though? I mean i thought those pads they wrote the tickets on were something that they kept tabs on. Its the same concept (from what i've been told by a friend of an officer) that once the ticket is written they can't "unwrite" it. This isn't because they are being mean, but because the city keeps close tabs on them, so that officers aren't going back on giving someone a ticket once they start writing down the information. It is the same rule (same friend) that if you know a cop, or want to drop a name do so right away (friends broth is in law enforcement), show your card, or say "do you know -insert name-" and then you may get out of it. But if you wait until they start writing down stuff, you can't take it back.
So the thought that they pre-fill these out seems wrong to me. I'm not a cop so i don't know, i'm just saying the idea seems incorrect (or i just may be wrong). So i don't think he had this pre-written, because if he goes back to the station with a citation pre filled out w/o any personal information he's prolly get canned, or if he doesn't have a receipt for ticket 155 (because he threw it away b/c the person he was writing it for was cute or a friend) then he'd probably get canned too.
If you know the procesuting attorney just go talk to him in person, be honest, explain that you were speeding and you don't want to get out of paying the fine, but that you just want the ticket changed to a non-moving violation (if you hire an attorney this is what they do, they reduce the charge to a lesser offence that is not placed on your record). Just be honest. Oh and don't speed again

(we all know you will

)

 

[lexluethar]

Originally Posted by Rylan1
http:///forum/post/2454906
No need for a lawyer..but take it to court. But I first would consider is it worth it to you for the time and effort. For insurance purposes..probably...time off work...

.
I think the judge would possibably wave the ticket..and score you with no points. I think you have a case with the date of the ticket, but also with intrapement w/you coming down a hill. Also,you previous no ticket record. So I would fight it...the worse I think would happen is that youmayhave to pay $40 or whatever in court costs. Good Luck

Oh, and i've read people getting out of tickets because the squad car has to be in visible range. This is why when they are on the side of the roads at night they still have their fog lights on, they have to be visible by law in order to write a ticket. It doesn't mean that they don't do this, just means you can argue the fact that the car wasn't visable from -x- amount of distance (i don't know the legal distance).

 

[tizzo]

Originally Posted by SpiderWoman
http:///forum/post/2454504
I got a similar speeding ticket a few years back and hired a lawyer to get it off my record. This seems to be a very normal practise, at least here in NC. My case ended up being rescheduled from March until October. I don't know what the lawyers do, but my ticket is not in my driving records.
In NC you can get a million tickets and as long as they are in different counties, you can fight them and get a "lesser charge". It will get reduced to improper equipment, or PFJ etc... I did it 3 times. But when I got a ticket in SC I was stunned to find out that I actually couldn't get out of it. They can reduce the mileage, but the fact that I got a speeding ticket wouldn't change.

 

[tizzo]

Originally Posted by Pontius
http:///forum/post/2454877
I'd say no, not in most places. I think that "quota" thing is a myth.
Ummm, maybe in "most" places it's a myth, but I think that since TM was a cop himself, I'd be inclined to believe what he's telling you...

Originally Posted by Pontius
http:///forum/post/2454877
I I think a quota would only be necessary if you have an overly lazy cop who's just parking the car and not giving out any tickets whatsoever.
I used to work with a lot of cops and they all had one thing in common. None of them ever did any more than they had to. Lazy? I don't know, but they seen it all so much that they were bored with whats important to you or I.

 

[scorpiojkd]

Originally Posted by LexLuethar
http:///forum/post/2454914
Oh, and i've read people getting out of tickets because the squad car has to be in visible range. This is why when they are on the side of the roads at night they still have their fog lights on, they have to be visible by law in order to write a ticket. It doesn't mean that they don't do this, just means you can argue the fact that the car wasn't visable from -x- amount of distance (i don't know the legal distance).
I suppose that could depend on the state. In Florida we can hide all we want. The only thing that has to be visible is the speed sign that is being ignored. LOL. Of course, we have to be able to see the speeding vehicle, be able to estimate its speed and be able to articulate that the car the radar picks up is the car we stopped.

 

[scorpiojkd]

Originally Posted by LexLuethar
http:///forum/post/2454910
Can they do this though? I mean i thought those pads they wrote the tickets on were something that they kept tabs on. Its the same concept (from what i've been told by a friend of an officer) that once the ticket is written they can't "unwrite" it. This isn't because they are being mean, but because the city keeps close tabs on them, so that officers aren't going back on giving someone a ticket once they start writing down the information. It is the same rule (same friend) that if you know a cop, or want to drop a name do so right away (friends broth is in law enforcement), show your card, or say "do you know -insert name-" and then you may get out of it. But if you wait until they start writing down stuff, you can't take it back.
Yes the ticket books are kept track of. But, once we start writing we can write VOID on the ticket and turn it in as such
Be careful about name dropping. It can lead to an irritated cop
So the thought that they pre-fill these out seems wrong to me. I'm not a cop so i don't know, i'm just saying the idea seems incorrect (or i just may be wrong). So i don't think he had this pre-written, because if he goes back to the station with a citation pre filled out w/o any personal information he's prolly get canned, or if he doesn't have a receipt for ticket 155 (because he threw it away b/c the person he was writing it for was cute or a friend) then he'd probably get canned too.
I pre-fill out every ticket as soon as I get a new book. I just don't fill in any of the information that can change based on the stop. Its an officer safety thing. The less time I have to spend looking down at my ticket book the better.
If you know the procesuting attorney just go talk to him in person, be honest, explain that you were speeding and you don't want to get out of paying the fine, but that you just want the ticket changed to a non-moving violation (if you hire an attorney this is what they do, they reduce the charge to a lesser offence that is not placed on your record). Just be honest. Oh and don't speed again

(we all know you will

)
Unless its some real serious stuff, I've seen people defend themselves in court just as well as a lawyer. Hiring a lawyer is up to you.

 

[pontius]

if there's a law against ticket quotas, then any quota would be unenforceable. because the first time a cop got written up or fired, that would be a lawsuit that he would win...that he was being persecuted for not doing something that was against the law to begin with. of course there are ways around it. if the CO told you to park your car in the median on a US highway across a large shopping mall and you wrote only one speeding ticket in a 12 hour shift, he'd probably tell you that you're lazy. and he'd be right.
also Ryan, there's no "entrapment" for going down a hill. the speed limit is the speed limit. if your claim is that your brakes can't slow you down to the speed limit while going down a hill, then you could get a ticket for improper equipment, which would probably be more than going 10 mph over the limit.

 

[scorpiojkd]

Originally Posted by Rylan1
http:///forum/post/2454906
I think the judge would possibably wave the ticket..and score you with no points. I think you have a case with the date of the ticket, but also with intrapement w/you coming down a hill. Also,you previous no ticket record. So I would fight it...the worse I think would happen is that youmayhave to pay $40 or whatever in court costs. Good Luck

As far as entrapment goes, law enforcement didn't put the hill there nor did they induce the person to go faster than the posted speed limit.

 

[lexluethar]

Thanks for clearing that up scorpio - again i'm no cop or attorney, just things i've read and heard. My cousin is a cop, as well as my friends brother so all this is just stuff i hear through other people, no direct experience.
Rule of thumb is.... don't speed

 

[aquaknight]

I would least let someone know. It does seem a bit sketch, 10 over isn't exactly hauling a** and it was at the bottom of the hill (which is quite WEAK to set up a speed trap at). My uncle's a cop and lazy is in someone's own opinion, but one thing they definitely are, is thorough when they do something (trained to be). Something like a date isn't really overlooked to easily.

 

[renogaw]

doesn't matter where it is, at the bottom of a hill or whatever. brakes work to slow a car down going down a hill just as well as going on flat surface. i live on a hill where it's about a mile decline from the top of it, and goes for another 2 miles (with a couple ups though) and people go wild on it. i'm afraid sometimes for my dog, other peoples dogs, deer, turkey, kids, etc because people just feel that a decline allows them to go as fast as they want.
pay the ticket, do what you have to to get the points taken off, but be responsible enough and take SOME recourse for your actions. be glad it you were stopped by a cop, not by hitting something. the only place i feel it's "ok" to go above the speed limit is on the highway where the likelihood of you hitting something running from the side of the road is very low.

 

[nano reefer]

Originally Posted by SCSInet
http:///forum/post/2454490
My understanding is that the cops (particularly traffic cops) have ticket quotas they need to make per month. Your officer didn't make quota in January, so he backdated the ticket so that your ticket counted for his January quota.
damn straight. I was in NYC near the Intrepid, and all the traffic lights were going crazy and stuff. I went through a light that just turned green but the next light had been red for 2 minutes so i figured it would change and get out of the intersection. So now i am in the stupid "box" thing and roll a few cars forward after the light i was under turned red and the next one turned green for a little. A cop knocks on my window and 2 other cars saying we went thru a red light. It was september 30th. Scumm bag cop was busy getting fat for the whole month and was probably pulling people innoccent people over.

 

[nano reefer]

Originally Posted by AquaKnight
http:///forum/post/2455054
I would least let someone know. It does seem a bit sketch, 10 over isn't exactly hauling a** and it was at the bottom of the hill (which is quite WEAK to set up a speed trap at)
If you were surrounded by other cars you ouldnt get a ticket. I was on I-95 once and a cop clocked me at 70 on a 55mph road. But (cant remember what it is called) if the cars around you are going faster or as fast you cant get a radar ticket because there is no guranty it is you.
Another loop hole is if you get pulled over for talking on your cellphone and you own a nextel walkie talkie, you can say you were using the walkie talkie in court and get off. In CT and you arent using a headset for driving, but you have a reciept you get no fine either. First hand experience for all 3...

 

[renogaw]

Originally Posted by Nano Reefer
http:///forum/post/2455081
damn straight. I was in NYC near the Intrepid, and all the traffic lights were going crazy and stuff. I went through a light that just turned green but the next light had been red for 2 minutes so i figured it would change and get out of the intersection. So now i am in the stupid "box" thing and roll a few cars forward after the light i was under turned red and the next one turned green for a little. A cop knocks on my window and 2 other cars saying we went thru a red light. It was september 30th. Scumm bag cop was busy getting fat for the whole month and was probably pulling people innoccent people over.
no, technically you did run a red light. this is a pet peeve of mine. a green light only means GO if you can get through all the way to the other side of the intersection before it changes color. this prevents congestion from people sitting IN the intersection.
you also run a red light if you do not PASS the light before it turns red. you'll notice some lights are on the opposite corner of the intersection, where some are floating above it. if you're under or before the red light, you are running it no matter what color it was when you started going through the intersection.

 

[snakeblitz33]

The ticket is going to possibly be more then 110 dollars. You are forgetting 90 some odd dollar court fees. At least, that's how it is in Louisiana.
Good luck with it!

 

[kerriann]

one - i don't think you're going to get anywhere with the date issue. on the other hand tho, i would take the court case. explain you were wrong and explain that it was a first time offense and see if they can at least take the points off of your license. the points are what will hurt in the long run and i believe can be reported to your insurance company

 

[spiderwoman]

Originally Posted by Rylan1
http:///forum/post/2454906
No need for a lawyer..but take it to court. But I first would consider is it worth it to you for the time and effort. For insurance purposes..probably...time off work...

.
That is why I hired a lawyer. I didn't have to appear in the court, he did on my behalf. I didn't have time to go to the court and the time it would have taken for me to be there, the cost of the lawyer was was cheaper. also I have no mark in my record. Then again, everybody has to do what works for them.

 

[scubadoo]

As some have stated...courts typically allow corrections of clerical errors on a ticket/citation. The cop will testify you were speeding and also make the date correction...those are the facts. I doubt you will get a pass based on the incorrect date.