got a ticket: innocent

[razyracer]

well i was driving home from del taco in huntington beach on magnolia when a police officer began to follow me... i knew he was following me because he was right on my butt.. and it was about 2:30 am..... my friend says "why is he following you.. are you speeding?".. to which i reply "no, but i bet he is waiting for me to make a mistake so he can pull us over"..... my speedometer read 45 exactly..... then he hits the lights and pulls me over...

i pull over at a gas station and he comes up with his flashlight and looks at us trying to see if myself and my friends are drunk or stoned.... we were neither because we dont drink and we dont do drugs.... so then he asks

officer: do you know how fast you were going?
me: yes... 45- 50 tops..
officer: 45? hah more like 70
me: are you joking? i knew you were behind me the entire time and i was going the speedlimit
officer: ive been doing this a long time, and i was pacing you at 70 miles per hour

then he asks for my license and registration... i give it to him and he walks back to his patrol car... meanwhile im F'ing pissed that this cop is just lying like this and i feel like the system is totally abusing me and im completely helpless... my friends are outraged too because we have never seen anything like this before...

the officer comes back with my ticket and i sign it and i say

me: how can you give me this ticket.. with a clear conscience.... there is no way i was going 70.. and you know it... how can you write me this ticket
officer: hey if you dont like it take me to court.. i could use the overtime..
me: fine then ill be the nice guy and ill see you there

i am completely outraged and i dont know what to do.. should i get a lawyer? and is there anyway i can prosecute the officer? my friends who were in the car already said they will be my witnesses... so what can i do... im so enraged i want this cops badge..

 

[RDJ]

Take the ticket and your witnesses to court. Tell the judge EXACTLY what the cop said to you Indcluding the bit about the overtime. Do not be angry in court, do not use words like stupid, ignorant or any other word that conveys what an idiot you think the cop is. Be straight and factual with the judge. If hiz honor got laid that morning you will most likely get out of it, especially if you have a relatively clean driving record. If you don't think you can be calm and objective in court then hire a lawyer. No way should you do nothing tho

 

[razyracer]

do you think i should fight it through the mail? that way he doesnt get overtime and he most likely wont want to write up a report

 

[NastyWS6]

I would take it to court with your witnesses and fight it.

 

[hillie16]

Is it possible he paced you from further back before you knew he was there? Were you speeding prior to seeing him?

 

[razyracer]

i was not speeding at any time... i have thought about any time where i might have even sped up to 60 maybe without thinking about it... but i clearly recall my speed.. all the way home

i got a ticket not too long ago .. and ever since i have been driving like a little grandma...

ive done some research and i think im going to subpoena his speedometer calibration records (spelling?) via mail... also the driving conditions were very safe... 2:30 in the morning.. it was a dry and clear.... i noticed my court appearance is not at a juvenile court... and i am only 17... so i figure that might be enough to throw the case out...

also i will bring up the surveyed safe speed for that street and time....


i am in violation of cvc 22350.... 65 in a 45... on the ticket he wrote unsafe speed... so i figure its on him to prove the speed i was traveling is unsafe...

but i also feel this is almost like admitting i was speeding and justifying it...

what do you think i should do? just deny it and attack the circumstances... or admit to speeding and justify it by safety and legalities...


thanks for your help

 

[94CobraPace]

Originally posted by razyracer
i noticed my court appearance is not at a juvenile court... and i am only 17... so i figure that might be enough to throw the case out...

In TX 17 year olds do not go to juvenile court, they can go by themselves and pay the fine or fight it in court. 16 and under have to have a parent with them, even if it is in a different town. I just went through this one with my son, had to drive 3 hours to go to court.
So that won't get it thrown out.
Might consider a lawyer. No offense, but the judge will probly side with the officer, not a couple of 17 years olds. Just life.

 

[TXFLYME1]

Originally posted by RDJ
Take the ticket and your witnesses to court. Tell the judge EXACTLY what the cop said to you Indcluding the bit about the overtime. Do not be angry in court, do not use words like stupid, ignorant or any other word that conveys what an idiot you think the cop is. Be straight and factual with the judge. If hiz honor got laid that morning you will most likely get out of it, especially if you have a relatively clean driving record. If you don't think you can be calm and objective in court then hire a lawyer. No way should you do nothing tho

Just about sums it up. Don't lose your cool, be very polite, and maybe the judge will decide that there is some doubt to the ticket and let you off. Worst case he reduces the ticket to something reasonable and offers you defensive driving.

You could also call up a day or two before your date and ask for a rescheduled/postponed court date and hope the officer doesn't show for that one. Just a thought.

 

[hillie16]

Originally posted by razyracer


ive done some research and i think im going to subpoena his speedometer calibration records (spelling?) via mail... also the driving conditions were very safe... 2:30 in the morning.. it was a dry and clear.... i noticed my court appearance is not at a juvenile court... and i am only 17... so i figure that might be enough to throw the case out...

Traffic citations are only summary and don't have any type of juvenile court, it's the same for everyone.


Admitting it and trying to justify it won't work, because the judge will say the limit is blah and you don't go over blah no matter what. I think you're other ideas so far, ie speedo calibration etc. are the best ideas so far. But there are never any gaurantees.

 

[RDJ]

razyracer -
You need to make up your mind .. are you going to be a typical 17 year old ... ask for advice and then like an idiot do it your own way and loose? or are you going to surprise us all and take the good advice and go with it?

Fighting it by mail is just plain stoooopid. The only thing dumber would be to go plead guilty and then try to justify it. To of the most moronic things I have seen for a very long time.

You dress nice .. GO TO COURT.. Plead NOT GUILTY .. then let the cop tell his story and then you tell yours. Tell your story in polite FACTUAL terms ... then you should be allowed to ask the cop some questions ... frankly I would drill him on ..
1. Where he clocked you doing 65 EXACRLY
2. If you were doing an unsafe speed, why did he follow you for the length of time (you didn't say how far) before stopping you?
3. Ask him if writing tickets so he can get court overtime is a habit with him (remember you will have already told the judge about his statement to this effect)
4. If he was truely following "right on your butt" .. how close was it? could it be considered tailgating? if it can ask him why, if you were travelling at an unsafe speed was he following you that close?

There are probably other questions you can ask .. think on it some. Remember tho DO NOT ASK THESE QUESTIONS WITH ANY ATTITUDE WHATSOEVER... Attitude will get you the smackdown... Rational, polite questioning could just get you off, or at a minimum a reduced fine/ticket.