| mdxforever |
Its her first. I really feel sorry for her. Policewoman wrote 50 in a 30 zone. We use that road everyday and there is no way in hell she could be doing 50 on that road. She would possibly be more than 30 but nowhere close to 50.
Couple of other facts -
Without going into a long drawn description I can tell you that the traffic situation, road geography and the position of the cop car was such that there is no way she could have clocked her long enough at 50. Its just not possible.
And this was in the accord which reads 5mph higher than it is! So the speedometer would be showing 55! She would not do 55 in a 30 even if there was a fire breathing dragon on her tail, let alone a 3yr old strapped in a car seat in the back!
I am in no mood for letting this one go. I am fighting it. But whats my best argument/approach ? Offensive ? Defensive ?
How do I go about knocking this one out ?
How often are they supposed to calibrate those 16th century radar guns anyway ? |
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| crmsnidol |
quote:
Originally posted by mdxforever
And this was in the accord which reads 5mph higher than it is! So the speedometer would be showing 55!
I wouldn't bring this up as part of a defense. They would just say that it's your responsibiltiy to maintain your vehicle and if you know it registers and extra 5mph then you should account for it. I'm not saying your wife was speeding - just that I wouldn't use this one. |
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| mdxforever |
| yeah I know I was unsure about that one myself but my point was not that she misread the speedo, it was that the speedometer would have been reading 55 to be clocked at 50, meaning that she would be well aware that she was doing 55, which simply cannot happen and did not happen. |
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| NewVMan |
You can try to fight it, and ehre is a site that outlines some potential strategies:
http://www.motorists.com/issues/tic...strategies.html
My experience has been that your goal here is to avoid insurance costs, not traffic fines. In most places you are guilty and must prove innocence, which is extremely difficult. Your goal should be to plead guilty to a non moving violation, or one without points if possible, or at a minimum have the overage reduced.
You should definitely go to court everytime you get a ticket. Your first hope in many places is the cop does not show up, and since you are not given the right to cross examine the police officer they should find you not guilty. If the cop does show up, you will typically meet with the DA representative to discuss the case before going in front of the judge. The DA rep. will typically reduce the charge to get an easy guilty plea.
Good luck, and again I would focus on impact to insurance cost and trying to get a no point voliation with a fine rather than a 20 over speeding ticket on her record. |
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| dj-mdx2 |
In this scenario, it would be the officer's word against your wife's. If she truly clocked her using radar, then it's going to be tough. You can try delving into detail about what type of radar was used, when it was last calibrated and all that, but may not be as successful a ploy as it once was. If you're truly intent on fighting it, research all you can about MN traffic law and perhaps hire a lawyer to plead your case for you. It may go easy on her anyway, since it's her first offense.
We're actually in the same boat. My wife got her first ticket on a trip to FL, and the way she got hers is hard to defend for two reasons: we're not going to be physically present to continue fighting it since we live in a different state, and because the trooper used aerial support to clock the X as it passed over known points on the road, then this info was relayed to the ground troops. How do you defend against that? The irony is I just installed my V1 prior to going on the trip (I used it to my advantage at least 3 separate times on the return trip). But if a chopper spots you, then you're done. The trooper did "downgrade" the offense by 10 mph, but still...
Good luck. Let us know how it turns out. |
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| ocuriel |
That is actually one the main ways a lawyer get's you off on speeding tickets. They use the "when was it last calibrated" questions.
Been to court a few times and have heard lawyers use it everytime. |
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| crmsnidol |
quote:
Originally posted by ocuriel
That is actually one the main ways a lawyer get's you off on speeding tickets. They use the "when was it last calibrated" questions.
Been to court a few times and have heard lawyers use it everytime.
And I've heard if you use that strategy it better be your last resort because if the calibration dates were recent you'll get little leniency from the court for trying. It's not fair - I know - but sometimes reality. |
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| shootist |
I have developed a sure fire strategy. Hire a local attorney.
Not that I have ever gotten a speeding ticket, but every time I have hired an attorney I have had the ticket eliminated or reduced to an equipment violation slap. Local attorneys know the local cops. Local cops don't always show up, and judge will dismiss if there is an attorney present. Best $350 I ever spent. |
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