PA - Just received a ticket for someone else (no BS)

highdensity007

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Ever since the day I started driving I've always owned up to whatever citation I was given because I knew what I was doing. The last speeding tickets I've had were in 2006 and 2008. Ever since 2008 I've always hovered around the speed limit within reason or gone slower, nothing even close to crazy on public streets. I keep that at the track.

So, about an hour ago I was driving home from dinner with my wife in the passenger seat in my black '03 330i on a busy interstate. My wife all of a sudden says, "It's 55 babe" and we both look down and she said it was 62, I thought it was 63, but it was def right in the middle of 60 and 65. I WAS NOT GOING 70, NOT EVEN 65, NOWHERE NEAR IT, NO BS. The LEO pulls out behind me immediately and turns his lights on. This is right at the beginning of an exit ramp on an interstate. So rather than pull off on the side of the exit ramp with a small shoulder to avoid oncoming traffic (which is passing me on both sides) I turned my signal on to pull off the exit ramp. This ramp is not long, I had maybe 75 yards left to pull off the exit completely and into a dentist office parking lot, when he then turns his siren on and motions for me to stop right there on the exit ramp with maybe 3 feet of shoulder with cars coming, it was busy. ???? I turn the engine off and lower my window.

He comes right up and asks me in a rude tone why I didn't pull off the side into one of the "burns" ????? There was nowhere else to go. I replied back politely with, "I wanted to pull in that parking lot right there with no traffic". He then says rudely, "I pulled you over because you were going 70" and I just repeated what he said, "70?" He then replied "yeah yeah just give me your license" so I gave it to him. He seemed like he was rushed and didn't even ask me for registration or insurance. My PA emissions and inspection stickers in the corner of the windshield were up to date.

He runs my license for about 10 minutes, comes back, and hands me this and says this is no points, just a fine:

Charge: OBEDIENCE TO TRAFFIC-CONTROL DEVICES

Nature of offense: DISOBEYED 55 MPH SIGN RADAR _ _ _ _ _ _ _ TESTED X/XX/12 (70)

(the 'speed' and 'allowed' speed blocks were left blank)

Remarks: -BMW

FINE:$25
E.M.S.: $10
MCARE: $30
COSTS: $36
J.C.P/A.T/J.: $10

TOTAL DUE: $111


Here's the interesting part. A dark blue newer 2 door Honda Accord that was near me and passed me right away while the LEO was nearing my rear bumper started pulling off the exit too, but once he realized the LEO was pulling me over, the dark blue Honda got right back on the interstate. As he handed me the ticket, he said, "I don't get the wrong cars".

What gives? I've always manned up, but this time it was the wrong car. There were so many cars on the road and that blue Honda was passing me as we saw the LEO for the first time.

I want to fight this. Is it worth it? If I was going 15mph over the speed limit and new it, I'd just pay the $111, but I wasn't.

This was in York County PA
 
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Blackedout

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I'm thinking he wanted to check out MRS HD.... I used to live in York County the State Cops were definately tough when I lived there :nonono:
 

highdensity007

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I'm thinking he wanted to check out MRS HD.... I used to live in York County the State Cops were definately tough when I lived there :nonono:

That's funny, lol. She wasn't in any type of gear to see anything, straight up office stuff from work.

Just wondering how I can even approach this.
 

Lawfficer

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You can always challenge it.

Keep the cops honest, as a cop I don't mind. Get the radar unit paper work, officer training paperwork, and also request the LAST 10 speeding citations before yours and the 10 speeding citations after yours. I know more than one officer that is like a broken record, every ticket reads almost the same which is not a good practice. I saw a defense attorney argue and win that his client got a "Cookie Cutter" ticket.....
 

highdensity007

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You can always challenge it.

Keep the cops honest, as a cop I don't mind. Get the radar unit paper work, officer training paperwork, and also request the LAST 10 speeding citations before yours and the 10 speeding citations after yours. I know more than one officer that is like a broken record, every ticket reads almost the same which is not a good practice. I saw a defense attorney argue and win that his client got a "Cookie Cutter" ticket.....

Thanks, how do I request that stuff and when? The ticket says I have 10 days to do something.

Do you think they'd move it from no points to points if I took it to court?

I just don't get why he can get away with this. ?
 

ItsReal93

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Although I don't have advice to give....just wanted to say that sucks. He sounds like a complete ass and I hope people here can help you & that you're able to fight it.
 

2k3Mach

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You were still going 7 over, which is probably the same ticket amount as far as dollar figures... do you really want to fight it and lose? I was with a friend of mine in which basically the same thing happened here in Indianapolis. The judge was rude and basically said "well, I bet you're one of the very few out of the thousands that don't speed". My buddy ended up getting points and had to pay almost triple what the ticket would have cost, just because he spoke up on their revenue stream! Careful on which way you decide to take it. A ticket with 0 points and small fine better than ticket with points and court costs

Sent from my MB860 using Tapatalk 2
 

Woody6799

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NJ LEO here and as said before, you can always challenge.

First you need to plead not guilty to the summons itself. Then you need to speak to the court and request "discovery." Within the discovery packet should be all the officers information such as radar certificates and training dates. Also you need discovery on the speed sign if that is what he used to certify your speed. Take it a step further and ask for the vehicle certificates as well for the speed calibration. This will make sure everything that should be done was done properly.

Keep in mind he may have gotten the wrong car, and maybe the ticket he gave you was a break because he is not dead positive, but mostly positive, you were the car he saw. Not saying that you deserve a ticket or should take it lying down but just trying to broaden your scope. My personal stance is to not issue in this situation, but to each his own.

Just also note that this is most likely going to be a long, drawn out process and in the end you more need to prove that you are not guilty rather than him proving you are guilty. First thing I would do would be speak to the prosecutor and see if you can work out a deal before you start requesting documents and opening pandora's box. They cannot upgrade your ticket so you should not be looking at points or anything.

If you have the time and the energy, fight it. It is your right. If its easier to cuss under your breath and part with the money, its not always a bad option even if it does leave a bitter taste in your mouth. Kinda sounds like you got the short end of the stick on this one. Now I will go back to staring at your avatar...
 

UnorthodoxCreat

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I'm no lawyer or LEO but I don't see this going well if you go to court. Trying to argue you were only going 63 in a 55 versus 70 is still the same ticket, failure to obey a 55 sign.

Around here in Hanover it seems cops like to right that type of ticket a lot. It sucks because its pretty tough to fight and with no points it hardly seems worth it whether you were right or wrong.
 

highdensity007

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Thanks for the input so far guys. You too Jess! :beer:

I'm no lawyer or LEO but I don't see this going well if you go to court. Trying to argue you were only going 63 in a 55 versus 70 is still the same ticket, failure to obey a 55 sign.

Around here in Hanover it seems cops like to right that type of ticket a lot. It sucks because its pretty tough to fight and with no points it hardly seems worth it whether you were right or wrong.

This is pretty much how I view it. I'm just hoping there is another way.
 

RedRocketMike

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Don't fight that, he gave you that so you won't fight it, it's a no points easy ticket. You would be worse off with the actual ticket for 7 over. You got what I try to negotiate down to. Where were you exactly, I'm in PA close to MD and the Staties have been hitting the people HARD where I live.
 

svtcop

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If the Officer made a mistake (which is entirely possible) there's no harm in going in and challenging the citation.

Take what Lawfficer said and try you hand in court.

It sucks that you will be inconvenienced but things happen. No sense in getting upset over something so minor you cannot control.

Good luck! :beer:
 

ATFPat

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The speed you thought you were traveling vs the speed that the trooper had you at doesn't change the traffic citation by much. The total would be around $13-$15 higher for the total and both speeds carry the same points. As for challenging the citation, that really depends on you. The officer could amend the citation to a points citation which would increase the cost and add the points. Reading what was typed (worked so I maybe alittle tired) it appears that you were speeding, just not the 70mph that he accused you of.
 

Spade

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I agree with the other LEO in this thread but the downside to doing what they stated would be if the officer has the same demeaner he can admend the citation to the original speed he thought you were doing. In doing so and you lose the hearing you will be paying more plus points. If he does not admend the citation and you admit to doing 63-65mph you will lose because you were speeding.

What I would do is make contact with him at the barrack and let him know what you think in a respectful way and not waste your time and his with going to a hearing. JMO.
 

RedRocketMike

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If the Officer made a mistake (which is entirely possible) there's no harm in going in and challenging the citation.

Take what Lawfficer said and try you hand in court.

It sucks that you will be inconvenienced but things happen. No sense in getting upset over something so minor you cannot control.

Good luck! :beer:

It's my understanding that while in court it would be obvious that you were given a lesser ticket and you could actually end up getting stuck with the correct ticket (which would include points fyi). Ad in the 100+ miles of driving he'll have to do, maybe take a day off, pay for parking. Waste of time.
 

NEp8ntballer

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In the future if you're going to wait for a safer area to pull over you can turn on your four ways that way the officer knows that you aren't ignoring them and plan to pull over.
 

Relaxed Chaos

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If you want to fight it you have to go to court. If you don't want to pay it you could flee the country. Otherwise let our wonderful government shove another stiff one up your rear and pay it (who says freedom isn't free?).

If you want to try to avoid future issues with regards to maintaining your freedom to drive at a safe speed without danger or injury to others you could purchase a radar detector.

Your best option is to become another voice that tries to convince others that 'speeding' 7 over doesn't kill people, but it gives the government the right to harass and tax the innocent unjustly. The law should be changed to only enforce reckless and careless driving, with steep penalties for guilt, for those that are truly endangering those around them.

Lack of paying attention and predictability are the two causes of traffic problems on the roads.
 
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djervin

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The same exact thing happened to my girlfriend, she was going over the speed limit, however. I found it odd that the officer pulled her over, only asked for her license and very quickly gave her a ticket and said that it was only a fine and no points. RIGHT AFTER we pulled back onto the highway the officer flipped his lights on and pulled the next person over.... The other odd thing is, I was talking to a friend of mine who was going well over the posted speed limit, passed someone (went around them) in the left lane through a radar trap, and the person that was passed got pulled over.... All of this happening right in the same area, which I am guessing is where the op was also stopped.
 

highdensity007

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Thanks for all of the input. Still digesting everything.

I agree with the other LEO in this thread but the downside to doing what they stated would be if the officer has the same demeaner he can admend the citation to the original speed he thought you were doing. In doing so and you lose the hearing you will be paying more plus points. If he does not admend the citation and you admit to doing 63-65mph you will lose because you were speeding.

What I would do is make contact with him at the barrack and let him know what you think in a respectful way and not waste your time and his with going to a hearing. JMO.

Thanks, I might just do this as I grudgingly part with $111 of my hard earned money.

The same exact thing happened to my girlfriend, she was going over the speed limit, however. I found it odd that the officer pulled her over, only asked for her license and very quickly gave her a ticket and said that it was only a fine and no points. RIGHT AFTER we pulled back onto the highway the officer flipped his lights on and pulled the next person over.... The other odd thing is, I was talking to a friend of mine who was going well over the posted speed limit, passed someone (went around them) in the left lane through a radar trap, and the person that was passed got pulled over.... All of this happening right in the same area, which I am guessing is where the op was also stopped.

Yep, this happened in York PA on 83 near the market street exit. There were at least 3 LEO cars pulling people over.
 

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