Hello all, today I was pulled over for doing 86 in a 70. I am POSITIVE I was not doing 86 or anything close to that. I was clocked using a radar, the officer was at least 500' away when I was clocked and there was heavy traffic around me so the radar waves could have easily scattered. The next thing is the officer claimed verbally and physically on the ticket that the posted speed limit was 70 but the last posted sign when he stopped me was 75 not 70. But the thing that really bugs me is that on the ticket the location of the citation was on a completely different highway then the one I was on, I was no where near the location he wrote on the ticket, the location on the ticket is literally on the other side of town about 40 minutes away, on a highway I was no where near. How am I suppose to believe the officer took the time to correctly calibrate his radar when he cant do something as simple as write down the correct citation location on the ticket, heck if I found out he wasn't even radar trained I wouldn't be surprised. Now that you guys have heard me out do you guys think its worth it to fight? Do I have a chance? I do plan on asking for the officers radar calibration records and notes for that day. Ill appreciate any advice. My location is in texas by the way.

 

Can you prove where you were? You may want an attorney.

 

It wasn't just a normal drive around town I was driving back from a 4 hour trip and I have the gas receipt from when I filled up right before I headed home. And during that drive home I went no where near that highway on the ticket. Time on the receipt is 12pm and time on the ticket is 3:30pm so taking into consideration that it's a 4 hour drive it puts me at exactly where I was pulled over not where the officer stated on the ticket. I'm sure the judge won't have time to hear all that though, it's a moving violation not a murder case. When I put in the request for discovery and I get the officers notes im sure ill get the information stating he was in that area at that time. And as for an attorney I don't think it's worth it. It's only 203 and I could drop it down to 112 with defensive driving. I just want to fight it for my self because I know I'm innocent. My first and only speeding ticket 2 years ago I owned up to, pleaded guilty and took defensive driving. But not this one.

 

Its difficult to say positively without seeing the evidence and statements of facts in this case, however, if you are reliable in what you say there is a decent chance you can have this dismissed. You may do this w/o an attorney but you need to weigh the potential negative outcome with the potential positive outcome with the added expense of an attorney. In some cases you can pay a reasonable fee for a "public" defender. It is entirely possible to do this yourself. I coached my kids on a couple of run ins to address discrepancies and avoid stiffer penalties. It is not about skirting responsibility but taking advantage of your rights.

You will have to do your homework, especially if you have no experience in the legal field. You will need to start researching the code you were charged under and use that as a template for your defense. You need to address the specific issues only directly related to the infraction (s). Your wording needs to be carefully crafted to achieve your goal without admitting guilt if you are or think you might be.

You will should bone up how to address the court. It may serve you to go in beforehand and see how other cases are handled. It may be an eye opener for you. A great deal depends on the judge. It may be the luck of the draw or you may have some influence in choosing the person, date, and time. You may be surprised at how quickly it will take to be adjudicated, perhaps to your benefit, if you are well prepared. The LEO may even fail to appear and the entire thing can be dropped!

Even if you decide not to use an attorney, I would advise you to do what you can to fight it.

Good luck.

 

I've had lots of 1st hand experience with cases like this. I'm in Dallas. In this situation, your easiest option would be to hire an attorney, ~$50, done. Let them sort it all out and with the obvious technicalities the prosecutor will just offer a deal or even drop the case. It's different when presented by a civilian rather than an attorney, also. Your next option is to fight it yourself, but be ready to do it all by the book. If you do not present your evidence or arguments with the right syntax, terminology, etc. the judge and other attorney will object and win against all your points without you even being able to present them!

Often you will not even need to go to court if it is settled without needing to go to trial. If that is the case an attorney will save you a lot of time and headache. In Dallas, you must be present in court if it goes to trial in order for it to be dropped. You can have the attorney sign for you but then it will not be dropped and your stuck with deferred adjudication which equals = $150+ in fines and probation then it eventually gets dropped if that is satisfied.

 

As others have said.. Lawyer up. You could always give them a call and see if you have a potential case before jumping in

 

Get a good traffic attorney. I always use mine for all tickets. He charges $100/citation and I find it easily worth the cost for the reduced hassle alone not to mention my traffic attorney's track record, experience, relationship with the court & officers and ability to do some things that I just cannot. He's had everything dismissed so far. A dismissal beats even defensive driving or deferred adjudication for me.

Check around in your regional subforum for recommendations and don't overlook Google. I found mine by searching with Google and looking through discussions from Subie and Vette owners in my area.

What you believe doesn't matter. What you can prove to the court does matter.

 

+1 for Lawyering up.

A $203 ticket is not $203.

$203 fine
+
Postage (I usually do certified or better when dealing with anything legal)
+
Your time
+
Mark on your record (YMMV by state)
+
Mark on your insurance (YMMV by state)
+
Processing fees (YMMV, a lot, by state)
--------------------------------------
Not $203

Call an attorney. If what you say is true, the miscarriage of justice in this instance is dirtier than Kardashian chones at 3am.

 

This isn't a slip and fall. It's a moving violation. There's no case one way or the other.

Hire an attorney, pay your $50 or $60 and get on with your life.

 

Ticketclinic.com or similar.