[daveRL]

After almost 2 months after my speeding ticket (64 in a 50). I now have me a ticket for passing in a non passing zone. But the cop is WRONG! He claimed that I pulled out before the passing zone started. But the only way that would have happened is if I had started to pass in the middle of a blind 25mph turn. And no one in their right mind would do that. After he let me go I went back to look where the passing zone was and I was a good 100-200ft into the passing zone before I pulled out. The car I passed was only going 30 in a 55 zone and I never went over 55 to pass. The cop didn't even have his radar gun on me, so even if I did go over the limit he had no way of knowing.
This really pissed me off, because every since my last ticket I have really been watching my speed and making sure I obey all the "laws". But I guess when you drive a sports car, you have to deal with the fact that cops are on the look out for you to make one little mistake or none at all in my case.
Has anyone ever had any luck pleading not guilty, going to court and winning against the law? I have never done this before and any help will be appreciated. If I was in the wrong I would have no problem paying the ticket. But when I am CLEARLY in the right I think it's a bunch of Bull S***! Now I am going to have to take time off work because the pig doesn't know what the dotted lines in the center of the road are for!

 

[mi_redline]

He has no reason to make it up Dave (unless he knows you AND has it out for you!). SO you are not clearly in the right- only in your mind . . . remember that. Your best bet is to explain to the judge your view of the events and let them know you would never have done what the officer said unless you wer unaware of your location. Apologize to the officer and judge.

Be respectful at all times and hope your driving record is cleaner in the past few years then has been in the last few months (that would help).

Now you you could also go right at the cop, accuse him of lying, but your record (and his, the judge will look for cops that "exaggerate" tickets) will speak for itself. Could the cop have been mistaken? Of course. But the odds are against it.

And lets face it, we bought the car to drive the car.

Sometimes we just get caught.

(P.S. The "Pig" knows that road better then you will even know it- he or she lives on it. Also, refrain from the "attitude" in court- that also helps).

 

[rip_vw32]

And be thankful you don't have my wife......She said the first time I get a ticket, I am "grounded" from my car........

 

[navymitch12]

yea man just be respectful and dont mouth off, it will get u along way in court.

 

[daveRL]

He has no reason to make it up Dave (unless he knows you AND has it out for you!). SO you are not clearly in the right- only in your mind . . . remember that.

(P.S. The "Pig" knows that road better then you will even know it- he or she lives on it. Also, refrain from the "attitude" in court- that also helps).

I have never see this guy before and I don't know of any reason he would "have it out for me". Which is why I have no idea why he would make something up. I know I am only right in my mind but I have thought about it and can not figure any way he could have thought I was in the wrong. Neither can the passanger that was with me. I am sure he know's the road and he should know it better than me (atleast I hope, he's the law not me). But I can't see where I was wrong.
Once in court I will respect everyone there just as I did when I got pulled over. I can hold my attitude untill I get out of there reguardless of what the outcome is.

 

[Celticshadow]

Trial by Declaration..... I've never had a ticket stick

 

[jmichna]

daveRL...
If you decide to plead "not guilty" and go to court, you will immensely improve your chances if you are prepared to make a good impression on the judge.

If I were in your situation, I would take photographs of the scene of the citation... the no passing sign, where the pavement markings start, where you actually passed, etc., etc.

I would also draw up a large diagram, on posterboard, of the road, marking the locations of the "no passing" sign(s), the location of where the pavement is marked for "no passing"... mark where the cop was when you began your pass, where you were, where the slow guy was... anything else that you think could help. If this diagram happens to show the cop could not have "line of sight" to see you begin your pass -- because of the road's curve -- that would be strong evidence in your favor.

If you can talk your passenger into being a witness on your behalf, supporting your statements and diagrams with his testimony... so much the better.

Go dressed up... sport coat and tie, nice slacks, cleanly shaven (or at least trim your beard). The fact you did not rant and rave at the cop, you behaved as a gentleman, all work in your favor, and you should also mention these things to the judge.

You can win these things... back in my more impulsive youth I did these kinds of drills about every six months... won more than I lost.

Good luck!

 

[SporkLover]

Avoid the headache of court, pay a lawyer $150 have him get it downgraded to a non-moving violation and be done with it.

 

[Sp00ner]

^^^^^ Great idea right here...

 

[Hawflake]

daveRL...
If you decide to plead "not guilty" and go to court, you will immensely improve your chances if you are prepared to make a good impression on the judge.

If I were in your situation, I would take photographs of the scene of the citation... the no passing sign, where the pavement markings start, where you actually passed, etc., etc.

I would also draw up a large diagram, on posterboard, of the road, marking the locations of the "no passing" sign(s), the location of where the pavement is marked for "no passing"... mark where the cop was when you began your pass, where you were, where the slow guy was... anything else that you think could help. If this diagram happens to show the cop could not have "line of sight" to see you begin your pass -- because of the road's curve -- that would be strong evidence in your favor.

If you can talk your passenger into being a witness on your behalf, supporting your statements and diagrams with his testimony... so much the better.

Go dressed up... sport coat and tie, nice slacks, cleanly shaven (or at least trim your beard). The fact you did not rant and rave at the cop, you behaved as a gentleman, all work in your favor, and you should also mention these things to the judge.

You can win these things... back in my more impulsive youth I did these kinds of drills about every six months... won more than I lost.

Good luck!

Man, it must have taken you a lot of "practice" to come up with all these. I guess it's good and bad for you at the same time.

I've had one ever, got it dismissed by going to a driving school.

 

[BKTU1]

I once got a ticket for "speeding" and i wasn't, i argued with the cop for quite sometime telling him his gun was not accurate and finally gave up with no success. I plead not guilty and when i went to court the cop said he wanted to dismiss the ticket. He told the judge that his gun was inaccurate and needed to be recalibrated. So if you really didnt do anything wrong plead not guilty you should have nothing to worry about. Good luck

 

[tha sikest]

i got a speeing ticket in y rl, 93 in a 55, got ya beat man

 

[jmichna]

Man, it must have taken you a lot of "practice" to come up with all these.....

Yeah, even got dropped by my family's insurance agent for a long while and had to go with 'Bulldog Insurance Co.' (minimum insurance at ridiculous prices).

Actually, it became a bit of a game to see how well I could take apart the cop's side of the story... but these same suggestions worked for dismissals of going through "red" lights (yellow, actually), speeding, failing to yield....

Someone else mentioned spending $150 for a lawyer and getting the charge reduced to a "non-moving violation"... I've never heard of that. The ticket gets issued by the cop for violating a specific state motor vehicle statute... the type of violation is spelled out in the state's motor vehicle code... I don't see how a lawyer can get the citation you were issued changed into another type of citation?

Except for my very first ticket, back in 1966 or 67 (88mph in 55mph zone on the Kennedy Expressway in my '64 Valiant), I've never used a lawyer since. Traffic Court in Chicago (321 N LaSalle) -- at least back then -- was a joke... the lawyers and judges were all in on the fix... if your lawyer was part of the action, no matter what you really were guilty of, you got the ticket dismissed. It just may have cost you more for more serious violations.

 

[daveRL]

(P.S. The "Pig" knows that road better then you will even know it- he or she lives on it. Also, refrain from the "attitude" in court- that also helps).

That's the way it should be, but.......went to court today (6/28/05) and he never showed up. I was told by the judge that the day the cop turned the ticket in he (the cop) dismissed it. Because he said he went back and looked at it and said that the road had been repainted and he didn't know.
He should have known that before he pulled me over and for the record you can tell that road has not been painted for a long time. From what I can remember well over a year.