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Speeding ticket -- should I try to fight it?

Old Oct 4, 2004, 02:50 PM
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Speeding ticket -- should I try to fight it?

Alright guys, here's the scenario. And just to let you know from the start, I'm not being stupid and trying to get out of something I know I'm guilty of. I honestly think I was screwed.

So here I am, driving along the Mass Pike on Friday night at like 1:30am. Theres a 3000gt in front of me that I've been following for a little while (it was pretty foggy, and I always try to stick next to another car on the fog). Well, the fog starts to clear and so we speed up. Not going all that fast, though. Then we come around a curve and low and behold, there's a cop. He sees the 3000gt and immediately pulls out into the road. I'm a little ways back from him. Far enough back, and going slow enough, so that the cop has time to pull in front of me. So he rides behind the gt for about 30 seconds and then flips his lights on (at this point I know I was going 60mph, you tend to check when there's a cop in front of you.)

So he pulls over the gt, and in the process, takes out a light stick and begins waving it. I just assumed he was doing so to let the gt guy know to pull over. As it would turn out, I was wrong.

So I pass them while the gt and cop are pulling over, and then the cop suddenly swerves back onto the road and gets behind me, and switches his lights on. So then I'm like "what the heck?" So I pull over and stop. As the cop gets out and is walking over to my car, the guy in the gt hits the gas and takes off. So the cop runs up to me and tells me "Ok, come on. Follow me. I'm going to go pull that guy back over."

I was in a little disbelief, so I asked him: "You want me to follow you?" And he says yes.

So he takes off going like 90mph, so I decided to take my time in following him. A little ways up the road I see the 3000gt pulled over on the side of the road. I pull in behind the cop, just like he asks me to (keep in mind there were no exits or turn around points, so I had no choice but to follow the cop.) Then he tells me to go ahead an pull back out and in front of the gt. So I do it.

I then turn my dome light on and fish out my license and registration, as I've been told cops appreciate. After dealing with the gt, the cop comes up to me and asks me why he pulled me over. And I was like, "honestly, I'm not sure. I wasn't paying attention, but I'm pretty sure I wasn't speeding." He tells me I was going 85mph (in a 65 zone).

So, I guess my question to you guys is whether or not I should take the time to go up an fight this ticket. By the way, my car is registered and insured in California, so I don't think that my insurance will ever even find out about the ticket (I got the ticket in Mass, and presently live in Connecticut.)

My argument to the judge would be, "How the heck could the cop know how fast I was going?" I was behind the 3000gt, with enough distance (and going slow enough) so that the cop had time to pull out and onto the road, IN FRONT OF ME. Unless the cop car is a dragster, I don't think it can do 0-85 in less than 3-5 seconds. Also, as soon as he saw the 3000gt, he was out and pulling off. How would he have enough time to clock the both of us? To me it sounds like he's trying to get me with guilt by association. Also, he endangered me uneccesarily by making me pull out into traffic not once, but three times. The idea behind a speeding ticket is to slow people down and make them more safe. But it's very dangerous to pull out onto a freeway (even a fairly empty one). In the course of giving me my ticket he made me do it three times, and made me follow him. None of these are in my best interests when it comes to personal saftey. So basically, he sacrificed my saftey so he could make 400 bucks instead of 200.

What do you guys think? Any ideas?
Old Oct 4, 2004, 02:59 PM
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If he didn't hit you with radar or pace you then fight it. Usually if you plead not guilty they will lesson the charge or drop it (assuming the cop even shows up).

Be Safe!
Old Oct 4, 2004, 03:03 PM
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did you ask to see what he clocked you at.. i beleive that here, if u ask, they have to show u... i could be wrong though
Old Oct 4, 2004, 03:04 PM
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just so you are aware, they do not plea bargain tickets in mass. however, based on your facts, i would set the matter for trial and show up and see what the cop says. i would think an attorney would give you a much greater chance of winning at trial, but is not absolutely necessary. if you're just going to plead guilty, why not take the extra time, if you have it, and make the cop do a trial to prove you guilty. keep in mind that speeding tickets are quasi-criminal in nature and in most states, you have to be proven guilty beyond a reasonable doubt. i think your version of the facts would provide enough doubt.
Old Oct 4, 2004, 03:08 PM
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Hell id fight that one. he put your life in danger by telling you to get back on the road and "break the law" by going 90mph in a 65mph zone so he could re-pull another driver over. Id also try to see if there was a in car camera on his car and obtain that tape to show what really happened.. you should not be charged anything in my opinion.
Old Oct 4, 2004, 03:10 PM
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Originally Posted by kamokazi
did you ask to see what he clocked you at.. i beleive that here, if u ask, they have to show u... i could be wrong though
cops here can take a course to judge speed by themelves and not even have to use the radar gun.... i think this pretains more to when both vehicles are actually rolling down the highway though
Old Oct 4, 2004, 03:10 PM
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i'd pm a member by the name of "evopolice" or something like that. He's a cop thats an evo enthusiast and recently joined evom a month or two ago. He's offered advice to members in other posts. It might be worth a try.
Old Oct 4, 2004, 03:11 PM
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Fight it or pay than get yourself a Passport 8500 X50 or a Valentine One radar detector
Old Oct 4, 2004, 03:13 PM
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Originally Posted by legal-z
just so you are aware, they do not plea bargain tickets in mass. however, based on your facts, i would set the matter for trial and show up and see what the cop says. i would think an attorney would give you a much greater chance of winning at trial, but is not absolutely necessary. if you're just going to plead guilty, why not take the extra time, if you have it, and make the cop do a trial to prove you guilty. keep in mind that speeding tickets are quasi-criminal in nature and in most states, you have to be proven guilty beyond a reasonable doubt. i think your version of the facts would provide enough doubt.
This is prob the best advice your gonna get. I'm from MASS originally and I couldnt agree more.
Old Oct 4, 2004, 03:14 PM
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Originally Posted by timdog4life
i'd pm a member by the name of "evopolice" or something like that. He's a cop thats an evo enthusiast and recently joined evom a month or two ago. He's offered advice to members in other posts. It might be worth a try.
its actually Evo Police with a space
Old Oct 4, 2004, 03:14 PM
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u should have asked to see the radar, cause without that he could just be lying and trying to screw u over, i always ask to see the gun...plus there is a chance that the if he did radar u that he may have gotten the gt instead,id fight it
Old Oct 4, 2004, 03:30 PM
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I dont have much time to reply to this, so pm with more details on the ticket itself. Should say how he estimated the speed of 85 in 65 like radar, paced, visual..... If you can scan the ticket that would be better.

Sounds like the cop assumed you both were racing and going the same speed. I have some good ideas about why he clocked you soo high if he says he had you on radar so send me a pm.

Sorry, I am at work now... gotta go catch some real speeders.
Old Oct 4, 2004, 03:37 PM
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Definately fight the ticket, I have gotten about 8 tickets in MA in the past 3 years and I fought and beat all but 1 of them. At first you will have a clerk magistrate hearing with a Statie "prosecuter", draw a diagram and explain what happened (your story is good, nighttime, fog = reasonable doubt), never admit to these guys you were speeding, clerk magistrate should either dismiss or reduce. If they do not dismiss, then you can appeal to the Judge. But it will cost you $25 (remember this is Mass. and your guilty until proven innocent). judge can either dismiss, agree with Clerk Magistate or bump it back to original amount. This whole process will take like 9 months, but stick it out, it's worth it, persistance will payoff. (P.S. wear a blue tie)
Old Oct 4, 2004, 03:38 PM
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Why not catch some people tailgating instead. Its alot more dangerous.

or perhaps SUV's that cant stay in there lane during left hand turns especially (most are on cell phones)

Just my opinion, but going 20 over the "limit" in most new cars isn't unsafe at all. However tailgating will cause an accident that should have been avoided.
Old Oct 4, 2004, 03:44 PM
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ALWAYS fight your traffic tickets. You have a 30% - 40% chance the cop won't show up. Then your case is dimissed -- you win. If the cop shows up, just put up some kind of defense. You will probably lose, since traffic court judges believe everything the cops say and think all motorists are liars. Then ask for traffic school to keep the ticket off your record. Many people think you can't get traffic school if you fight your ticket and lost, but that is not true, at least here in California. While you are not guaranteed traffic school, it is up to the judge's discretion -- he can give it to you. Try to sound sincere and tell him you think traffic school would help you (no snickering in court).

Join the National Motorists Assn. It is an organization dedicated to protecting our rights as motoring enthusiasts. It is nothing like the AAA. They were instrumental in getting the 55 mph national speed limit repealed in 1996. If you are a member and fight your ticket in court and lose, THEY WILL PAY YOUR FINE. They also have an entire library of books on fighting tickets that they loan free to members.

Go to www.motorists.org for more info.

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