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First Ticket.......
#1
I got my first ticket today. Me, my brother and my friend were coming home from the mall when we got pulled over by a motorcycle cop. He told me he got me on radar going 62 in a 40 zone. I know there was no way I could have been going this fast because I was watching my speed really closely because we were going down hill, my brother and my friend were also watching my speed and they agree I wasn't doing more than 45-50. I have no idea how this officer could have got me on radar, there was no radar gun at all, I would have seen it if there was a cop shooting people, especially since there was nothing to hide behind, and I know the cop that pulled me over didn't get me on radar because he was just pulling out of a parking lot and was looking the opposite way when I was around him. I also know I wasn't speeding because I was keeping up with the cars around me, hell, I was actually had 1 or 2 people pass me. He also got me for no proof of insurance, but that will get dismissed in court as long as I bring a copy of my insurance with me (yes, I do have insurance). I just want to know if the cop was right in pulling me over or if there is something I can do to fight the ticket. Also, I only have a learners permit, not a license if that changes anything, I get my license in 3 weeks.......hopefully.
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#2
Quote:He told me he got me on radar going 62 in a 40 zone.
Quote: I wasn't doing more than 45-50.
Quote: I also know I wasn't speeding


There is something wrong with this picture "Hugh"........ Rolleyes It is your word against the officers in court. I would suggest in this case you are going to have a bit of a hard time of it.
The Republic was not established by cowards; and cowards will not preserve it ... This will remain the land of the free only so long as it is the home of the brave.

Elmer Davis
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#3
prima facie (sp?) evidence
your screwed
No matter what you do , spend or tinker on with your ricer,
IT'S STILL RICE !

NASCAR COMPETITION LICENSE HOLDER and AMA LIFE MEMBER
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#4
Even if I was speeding a little I know I was doing 22 over the limit, oh well, looks like it's traffic school for me. I just think that officer made a complete bullshit call, I wasn't doing more than 5-10 over (I try not to do more that 5) and yet he clocked ME going 62. There were at least 3-4 other cars going faster than me and I was going at about the same speed as all the other cars around me. Oh well, guess I'll be more careful next time. At least it's just traffic school this time.
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#5
I would weigh the cost of traffic school vs. the cost of the fine. If the fine is outrageous, then traffic school is the way to go. If the fine isn't that big, sometimes it is better to save traffic school for the "big one". But, since you are just starting out, this ticket could be a problem so traffic school might be a good option.
The Republic was not established by cowards; and cowards will not preserve it ... This will remain the land of the free only so long as it is the home of the brave.

Elmer Davis
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#6
My aunt works for the Phoenix Police department (she used to be a commander at 911, but now works with the new radio systems), therefore she knows a few cops. According to one of the traffic officers she talked to if I was to fight it and lose I would run the risk of losing my license until I'm 18, I really don't want to do that. Therefore I think traffic school would be a good idea. But other than that time I'm a pretty safe driver, I obey all traffic laws, always use my turn signal and keep my speed reasonable, I do admit I speed at times but as I said before I only go 5-10 over the limit and I never speed through school zones or on roads with a lot of traffic. This whole ordeal has taught me a lesson though and that is to be a lot more careful. I don't think the officer was right in pulling me over because I was going just as fast as everybody else, but it was a good lesson that I needed to learn sooner or later. I would save traffic school for "the big one" but I think don't think there will be a big one, this is my first ticket and hopefully my last. Who would have thought something that made me so mad could have actually taught me a lesson?
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#7
Double post (I would have just editted the first one but since I'm a new user I don't have that option)

Back to the part about me choosing driving school. If I were to fight I'd lose because the officer said he got me on Radar, no reason to that as stated before by SGTGrant. If I were to pay the fine it would be a lot more than the $120 dollar fee for driving school because down here (not sure about other states) 20+mph over the limit is a criminal offence, luckily for me the officer only marked mine as a civil offence. Therefore I'm just taking the driving the school because I can hardly afford to pay the $120 as it is. Thanks for the input anyway.
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#8
iirc, driving school is in addition to the fee on the ticket.
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#9
On the thing the officer gave me about driving school it says:

Quote:Advantages (of defensive driving school):
1. You will not have to pay a fine or go to court for that one charge.

2.That charge will be dismissed, with no points on your record.

I'm assuming by fine they mean the ticket, I could be wrong though.
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#10
if court ask the officer when did u last recalibrate the gun and u'll surely win
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#11
dungsta Wrote:if court ask the officer when did u last recalibrate the gun and u'll surely win

And when the officer says "every time I use it" since they are trained to calibrate it with the tool provided with the gun in the case, then what happens?
The Republic was not established by cowards; and cowards will not preserve it ... This will remain the land of the free only so long as it is the home of the brave.

Elmer Davis
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#12
man getting a ticket is such a hassle, i hope i never get one, im gonna drive hella safely now lol.
Asad Wrote:There is no replacement for displacement. Plain and fucking simple.
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#13
http://www.ticketassassin.com/fight.html

http://ticketassassin.com/docs/forms050264.html
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#14
That is a very well written website. However, I'd take it with a grain of salt. I've found many statements that are either false, or a misrepresentation or a "spin" of the facts. For example:

"The citing officer testifies against you and also serves as prosecutor. "

Not entirely accurate. In the case of an infraction, the District Attorney does not send an attorney to handle the case. This does not mean the officer is there to "prosecute" the case. Prosecution of any case is strictly the purvey of the D.A.'s office and in fact, the decision to prosecute any case is different than whether or not to cite. Citing is based upon probable cause. Prosecuting a case has a considerably larger and stricter criteria. The officer testifies as to what they did and why period. The judge then renders a decision. In the case of a misdemeanor vehicle code violation, the D.A. can assign an attorney to the case.

"Officers usually are called to trial on their days off and receive $200-300 in overtime pay for their brief appearance"

Not necessarily true. Most city traffic units work dayshift during the week. This is the most effective use of their time since that is when the commute is and when traffic accidents are at their highest. As a result, when they appear in court, they are usually on their working days. Then you have three shifts usually for the patrol division. That means one third of patrol is on duty during the dayshift and open court 5 days a week as well. If it is a swing shift officer, many times they can adjust their shift so they are on duty too. The impetus to show up in court is based upon the judge and the court system coming down hard on officers who fail to show when they are scheduled. And, in fact, most officers I know don't enjoy coming in on their day off even for pay.

"Many judges choose to favor the officer in open court, to avoid embarrassing him before a crowd of gawking rubes."

No, judges give the officer the benefit of credibility for a lot of reasons and none of them have to do with embarassing the officer. In fact, many traffic court judges are "judge pro tem". This means they are a temporary judge sitting on the bench to gain experience. In reality they may be a private attorney volunteering their time. It has been the experience of many an officer that a defense attorney sitting in as a judge isn't prone to favoring an officer unless they have to based upon the evidence. Officers get to know all the judges and quickly learn that if they do not prepare well, or have a very poor case, they usually end up looking foolish. It only takes a few of these to convince the officer not to show up in court with a bad case.

On a Trial de Novo: "Even if you are found guilty at your second trial, the judge can still reduce your bail and assign you to traffic school."

Not in this neck of the woods. If you show up in court, it is too late to ask for traffic school. That option is given with the courtesy notice.

This site also seems to contend or implies that citation revenue is some kind of freebie money that the cities, counties, and state collect like extra gravy and undeserved. The reality is, citation fines don't come close to paying for the enforcement. Just for an example, the City of San Jose budgeted 222 million dollars for the police department in 03/04. Revenue in the City of San Jose for all fines, including any fine levied for vehicle codes, municipal codes, card club fines, business tax fines, and every other fine totalled only 13.9 million dollars. Of that vehicle code enforcement revenue might have been generously 75% for about 10.5 million. And, every penny of that goes into the general fund, not to the police department. So, while 10 million seems like a lot of money, it isn't making a dent in the total budget for the City of San Jose which is 3.34 billion dollars. In fact, the vast majority of money that drives any city or county budget is sales tax, property taxes, utility taxes, and license and permits. Of the 16 categories of revenue, fine revenue is third from the bottom.

But, by the time you get done with the website, you will be whipped into a frenzy of wanting to fight your ticket. When the dust settles though, if you actually did commit the violation, you will still probably pay the price. I also have a philosophical problem with the attitude that it isn't whether or not you are wrong, but whether or not you can get away with it. I guess each person has to decide for themselves just how much honor and integrity they have. If you truly believe you did not commit a violaton, then you should exercise your right to a fair trial. If you actually did commit the violation, you should own up to it in my opinion and then adjust your behavior.
The Republic was not established by cowards; and cowards will not preserve it ... This will remain the land of the free only so long as it is the home of the brave.

Elmer Davis
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