Can you really beat a speeding ticket?? - Striper Talk Striped Bass Fishing, Surfcasting, Boating

Young Salt · 02-20-2005, 02:15 PM

I got one less than a week before christmas, and have to go this thursday. wrote me up for doing 30 in a 25 zone, but i was doing more....probably 35-40 I can use my clean driving record, but don't want to if i can avoid it.
I've gotten an email before saying that if you sent the check in and it was more than the ticket, they can't make the change , so the check goes into some limbo and you never get any points from your insurance....i would think that with all the modern day communications they would know right away

spence · 02-20-2005, 02:22 PM

Just plead guilty and cite the good driver rule if you're 3 years clean. Not much else you can do unless you can prove you weren't speeding.

-spence

Canalratt1 · 02-20-2005, 03:09 PM

In Ma. you always "fight" it. Go to the hearing! Lots of things can help you out. A couple months ago I had a lane violation and no seat belt on. There was alot of people there with tickets for the lane violation offense, my town set up an area where one lane merges into two and were busting balls at it. People with good driving records got them dismissed or lowered. Some tickets were not fully written out by the police and dismissed

Mine had no time on it THANK YOU Dismissed!

tynan19 · 02-20-2005, 03:18 PM

If the ticket says 30 in a 25mph most of the time you will get dismissed. It is only 5mph over the limit and most police officers will not waste their time writing those out in the first place. I think with your driving record and the circumstances you should be alright.

Young Salt · 02-20-2005, 03:30 PM

it happened in RI in the city i live. i've been told that when the write you up they usually give you a break on the speed, but still write the clocked speed on the judge's copy.
im sure he wrote me up because i was following too close.
i know i could fight it, but why risk the fine and points on the insurance.
75 BUCKS for 5 miles over the limit!!!!

spence · 02-20-2005, 03:42 PM

Yes, the officer will likely note the actual speed regardless of what the ticket is for.

Just remember this is only the arraignment. If you plead innocent you have to come back for a trial.

-spence

tynan19 · 02-20-2005, 05:37 PM

I am not sure about RI but what do you mean by if you fight it you will risk the points on your insurance? If you conceid the ticket then won't your cost and points go up. That is how it is in Ma.

Also why would the cop give you a certain amount and then give the judge or clerk another. That does not make sense because which is right? The only reason I said fight it is because my brother and dad are both cops and they said fight it. Always go to court.

spence · 02-20-2005, 06:03 PM

The officer can pull you over for going say 15 over, then write the ticket for only 5 over. This is noted in the report which the judge will have.

I suppose you could fight it, but RI gives you a free ticket every three years as long as you keep your record clean. I think the judge will look at you pretty strangely if you can cite the good driver rule but don't.

-spence

5/0 · 02-20-2005, 06:08 PM

Quote:

Originally posted by spence
Yes, the officer will likely note the actual speed regardless of what the ticket is for.

Just remember this is only the arraignment. If you plead innocent you have to come back for a trial.

-spence

1.st this is not the arraignment.

2.nd this is the Appeal.You're chance to fight it,Plea your case,so to speek.

3.rd it's a civil offence from the State (not criminal offence "which would lead to a trial")a Civil offence has no trial proceedings,at all end of story!

5/0

Karl F · 02-20-2005, 06:23 PM

My 19 year old got radared 45 in a 30.
My kid was pissed, I told him T.S., can't fight radar.
He is stubborn (where he got that, I have no clue

)

He goes in, I tell him, just showing up, the magistrate will usually play "lets make a deal", and maybe half it, least thats what most folks have told me.

Kid goes in, see's the Magistrate, officer that wrote ticket is not there, Court Officer from the PD is, who happens to know my kid from the gym, (do not know if this helped or not).

Magistrate wants to hear what my kid has to say. Nick says he admits he was speeding, no arguement there, BUT, other kids he knows, goes to school with, have gotten radared on the same road, and gotten nothing more than verbal, or written warnings, Nick says he has been driving since 16, never even been pulled over before, been cited, or had an accident, drives a ton of miles, due to his work and sports schedule, felt he should have been given a warning. Also, there is one girl he knows, who gets pulled over once a week on the same stretch of road, she never even gets a written warning. (Now, here is where I woulda stopped, but, Nick's, his own dog)
Then he says, this girl who is very pretty and quite well endowed, is she cut some slack just for that, or what? He tells the magistrate, she is willing to come make a statement to back him up.
( Nick figures this should get the fine at least halved, or dropped to a warning)
The Magistrate asks Nick to step into the hall for a minute.
Calls him back in, "Nick, after talking with the Officer, we have decided to drop your ticket, clear you, no charge or warning. The Officer invovled was wrong for ticketing you." The Court Officer then apologized on behalf of the other officer!

So, it's definately worth a shot fighting the ticket!

fishweewee · 02-20-2005, 08:21 PM

If you have the time, show up and try to get the fine and/or the points reduced or eliminated. What have you got to lose? If you're a AAA member, call up your local office, they might be able to guide you through the right way to approach the court.

spence · 02-20-2005, 10:20 PM

Quote:

Originally posted by 5/0
1.st this is not the arraignment.

2.nd this is the Appeal.You're chance to fight it,Plea your case,so to speek.

3.rd it's a civil offence from the State (not criminal offence "which would lead to a trial")a Civil offence has no trial proceedings,at all end of story!

5/0

Ummm, what the hell are you talking about???

I just went throught this a month ago...did you?

-spence

mrmacey · 02-21-2005, 04:34 AM

Fight it http://69.93.108.13/StriperTalk/show...peeding+ticket

Flaptail · 02-21-2005, 06:58 AM

In Massachusetts all you have to do is send in the request for the hearing with a clerk Magistrate but not to the court whose jurisdiction you were nailed in, for instance I got nailed three times on route six a few years back in Dennis. That's Orleans court jurisdiction. I sent my request to Barnstable District Court and got a hearing each time. Yeah, I blew a day each time waiting for my hearing but each time it got thrown out without a finding as it was the courts mistake in allowing me to go there instead of Orleans and they had to concede because they couldn't bring it up twice it wasn't worth thiertime and expense. Worked beautiful.

saved a bunch of money on insurnce too!

5/0 · 02-21-2005, 08:02 AM

Quote:

Originally posted by spence
Ummm, what the hell are you talking about???

I just went throught this a month ago...did you?

-spence

Good for you dip $hit!
It's a civil action!
Look on the back of your ticket Photo it and paste it on the board & then we'll all have a looksie!
Do you have any idea what You think you're talking about!?!?

No I didn't go through this a month ago,I know better now.
I have more moving C&C violations than your little mind can handle!

5/0

spence · 02-21-2005, 09:10 AM

Seriously 5/0, lighten up...or grow up. I'm trying to help this guy out with what I know, and your attitude doesn't help matters much

The ticket is a summons to an arraignment. Even if it's a civil matter it can still go to trial. I don't really care how good you are at getting tickets, I just stood in front of a judge 30 days ago and went through this.

I'm not saying there's no reason to fight it, but given that RI has the good driver rule and His record is clear, I don't see much reason to do so if it's clear that he was in violation.

-spence

sportsman · 02-21-2005, 10:26 AM

I have more moving C&C violations than your little mind can handle!

5/0 [/B][/QUOTE]
That's something to be proud of!!

5/0 · 02-21-2005, 01:08 PM

Hey SPORT:It's nothing to be proud of,but I do know what IM talking about.
Unless you have something to offer on this thread I suggest you keep your typing to yourself.

Spence, I'm not trying to get into a pissing contest with you. I'm just saying in my college years, I spent more time in court on criminal automobile violations than I care to remember. In Mass. a speeding or moving violation (other than violations such as driving to endanger or reckless driving) is not considered a criminal offense, its a civil offense. Which in this state is heard at a hearing not a trial. I'll leave it at that.

I'm sure fishing would be a more agreeable subject for us.

5/0

spence · 02-21-2005, 01:21 PM

The issue then is probably in the difference in state laws. My violation was in Tiverton which is probably the same as Riverside.

-spence

chris L · 02-21-2005, 06:19 PM

jim24 · 02-21-2005, 08:12 PM

you have the option to pay the fine...which is explained on the summons...or you can contest it (argue it). There should be a date on the summons (ticket) which will tell you when to appear if you wish to agure it. If this is your desire....don't pay it and show up in court on the designated date. This will be an arraignment. Even though it is not considered a criminal charge in RI....it is still an arraignment. You will have the opportunity to plead to the charge and accept the fine and court costs that the judge imposes...or you can claim your clean driving record (if you've been good for 3 years) or you can plead innocent. The judge will then set a trial date and have the issuing officer present at this trial and the two of you and your attorney ...if you like....will argue the charge. Look at the top of the summons and there may be a number which is circled.....this is your actual speed that was registered by radar....you probably got a pretty good break. Guess what i did before i retired BTW RI is a lot more lenient that most of our neighboring states....unless you have an attitude......(5/0?)

reelecstasy · 02-22-2005, 04:34 PM

I have beaten 2 speeding tics...

First one was a long time back, and the cop didn't show...Now they have a rep...

The second one, you can laugh but it worked..At the appeal I said I just had a few questions, (and never have an attitude..)
I asked when was the last time the gun was calibrated, and did they have any paperwork to prove it? I also asked if the officer was trained in its operation, and when was it done and did they have any records stating so?...The magistrate kinda laughed and ask the trooper if they had any of that paperwork with them. Then the magistrate asked the trooper if they wanted to drop the charges with a smirk on his face

Hey, it worked

and it is always worth disputing it, they will usually cut you a good deal. Usually the fine in half...

basswipe · 02-22-2005, 04:56 PM

As a professional traffic violator I know this much:

Your actual speed IS written on the ticket circled.

You CAN beat it. By technicality,improperly filled out for example.Also if the officer representing the department from which the ticket was issued doesn't show it can be dismissed.You can also plead guilty with explanation,wife in hospital for example and have it dismissed.

Best bet:Either pay the $75 or cite your good driving record when in court. No matter which you choose since you let it get to the point where you'll have to be in court the judge can assess court costs either way and the costs will be more than the ticket.

Shoulda just mailed in the $75.

28inches · 02-22-2005, 07:15 PM

Quote:

Originally posted by 5/0
Good for you dip $hit!
It's a civil action!
Look on the back of your ticket Photo it and paste it on the board & then we'll all have a looksie!
Do you have any idea what You think you're talking about!?!?

No I didn't go through this a month ago,I know better now.
I have more moving C&C violations than your little mind can handle!

5/0

justplugit · 02-22-2005, 08:04 PM

Quote:

Originally posted by Karl F
My 19 year old got radared 45 in a 30.
My kid was pissed, I told him T.S., can't fight radar.
He is stubborn (where he got that, I have no clue )

He goes in, I tell him, just showing up, the magistrate will usually play "lets make a deal", and maybe half it, least thats what most folks have told me

Karl, that must have been a wild $$$ guess on your part about a magistrate and "lets make a deal"!

Oh,thats right "some folks have told you"

Were they the same ones Orleans to Hyannis in 7.45 min.

Karl F · 02-22-2005, 08:18 PM

Quote:

Originally posted by justplugit
Karl, that must have been a wild $$$ guess on your part about a magistrate and "lets make a deal"!

Oh,thats right "some folks have told you" Were they the same ones Orleans to Hyannis in 7.45 min.

Remember, though, I was riding shotgun, for that one.
Been lucky, one $15 speeding ticket, (in my six cylinder chevy 2)

One written warning, and more verbals than I care to remember..........course, if you pull over before they do, it helps too

Lucky too, the kid is a LOT more level headed, and doesn't have the "need for speed" that I did... he goes right along, but nothing like I did, and doesn't have a years pay under the hood either

And, I hope he ain't at school lurking in here, or I got tons of stories to tell

er, lots of xplainin ta do, I mean.......

tattoobob · 02-22-2005, 08:24 PM

I am still awaiting a date for my hearing. I was going over 100 in a 55
at 4:30 AM coming home from RI fishing all night. Fine $350.00

And yes I am fighting it, can't hurt

Bob

Mike P · 02-22-2005, 09:26 PM

Let's knock off the name calling, guys.

justplugit · 02-22-2005, 10:54 PM

Quote:

Originally posted by Karl F

.........course, if you pull over before they do, it helps too

Ya,

Karl F · 02-23-2005, 10:43 AM

Quote:

Originally posted by tattoobob
I am still awaiting a date for my hearing. I was going over 100 in a 55
at 4:30 AM coming home from RI fishing all night. Fine $350.00

And yes I am fighting it, can't hurt

Bob

Going home, that might be different....... but,

best one I ever heard was the guy getting pulled over at 1 AM doing a hundred... cop asks whats the rush, guy driving, in waders.. says, "trying to catch my tide", cop sees the rods and the waders... looks around, says... "Haul A$$, Brother!"
Musta been a cop that fished