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I don't think this guy was going to talk his way out of a ticket.
Who's good with out of state speeding tickets, pa driver in md. warning long
- Thread starter The not so tall man
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Wow that was very dangerous
nitro_rat
Well-Known Member
First off, let me preface by saying that I'm not a lawyer and nothing I say should be construed as "legal advice." I will say that I have been stopped and written for hundreds of moving violations and I have only ONE conviction.
Just say "here's my license and registration officer, I'm sorry, but I cannot answer any questions." If they ask you why, just say "I've been advised not to answer any questions without my lawyer present." You can add that "I will sign a notice to appear if you choose to cite me for something." This may show a little good will and that you're not one of those domicile free travel freaks. I prefer not to mention the 5th amendment as this implies that you are withholding information in order to not incriminate yourself (which or course you are, but you don't want to SAY that directly).
Look over the citation that they give you carefully. ANY incorrect information can be used to invalidate the ticket. I have seen the license plate number or driver's license number either incorrect or illegible, location incorrect, etc. Once, I was cited for speeding in a school zone. One of those "when lights are flashing" deals. The light wasn't flashing when I passed the sign. The time stamp on the ticket was ONE MINUTE outside the time for the sign to be flashing. The ticket was dismissed.
Barring any clerical error that might give you an out, on court day, you ask for the calibration schedule and the calibration certificate for the device they used to clock your speed once you get to court. It's the officer's burden of proof to produce those documents IMMEDIATELY. The officer should also be able to provide proof that they are properly trained in the use of the speed detection device and have a document showing that this training is current. 99% of the time they don't have those papers with them. Case dismissed.
Of course, in your case, they didn't need to prove anything since you admitted you were doing 109 at the scene. Had you not admitted to the speeding you could also have asked the officer, "you showed me your laser and it said '109' on the readout. You said 'that's crazy.' Have you ever gotten a reading that you thought might be erroneous from a speed detection device." "is it true that if the officer moves the gun during a reading that it could cause an inaccurate result." "Is it possible that that's what happened when you took that reading?" "I don't feel like I was traveling that fast. You seemed surprised at the reading yourself."
IF the officer can produce all of the correct training and calibration certificates, all you have to do is to cast a shadow of doubt that the reading wasn't taken in error. And the officer's statement "that's crazy" could be construed that he didn't believe it either.
Permitting you don't incriminate yourself during the stop, you can have them pull up the officer's dash cam and body cam footage also. If there are other vehicles around you and your vehicle isn't obviously going much faster than anyone else around it draws doubt as to whether the officer actually clocked YOU instead of someone else.
Now days, most officers can pull your insurance before they have you stopped. It's still worth the old trick of not giving them your insurance. Just give them your license and registration. I used to get out of a lot of little speeding tickets because they would just write me for "failure to maintain financial responsibility." All it would cost me is a trip to the court clerk to show them my insurance card and have the ticket dismissed. Now they just say "It's okay, I already pulled it up." YMMV, this is in TX.
The ONE conviction that I took? I was coming into Gillette, WY Northbound on State Hwy 99. As I topped a rise, he was right there in the middle. 71 mph in a 70. I would have had to appear in person to contest it. They didn't allow council to show up on my behalf without me being present. The fine was something outrageous like $792. I paid it and went on with my life. A couple years later, I was stopped for doing 98 in a 65 in Texas. When I handed him my license, the deputy asked me if I had anything on my record. I told him that I did, one speeding ticket for 71 in a 70 in Wyoming a couple years ago. I told him the fine was punitive too. He went back, ran my license, and told me to "slow down and have a nice day!"
Anyway, $200 seems like a cheap out considering the situation. Don't give that crook attorney any more money...
This was your second mistake (the first was being impatient). You sewed it up for them right there at the scene. The 5th amendment protects you from incriminating yourself. You plea the 5th on the side of the road. Don't answer any questions. Don't answer "how are you doing?" Don't answer "Where are you going?" or "Where are you coming from?" Damn sure don't answer "Do you know why I stopped you?"
Just say "here's my license and registration officer, I'm sorry, but I cannot answer any questions." If they ask you why, just say "I've been advised not to answer any questions without my lawyer present." You can add that "I will sign a notice to appear if you choose to cite me for something." This may show a little good will and that you're not one of those domicile free travel freaks. I prefer not to mention the 5th amendment as this implies that you are withholding information in order to not incriminate yourself (which or course you are, but you don't want to SAY that directly).
Look over the citation that they give you carefully. ANY incorrect information can be used to invalidate the ticket. I have seen the license plate number or driver's license number either incorrect or illegible, location incorrect, etc. Once, I was cited for speeding in a school zone. One of those "when lights are flashing" deals. The light wasn't flashing when I passed the sign. The time stamp on the ticket was ONE MINUTE outside the time for the sign to be flashing. The ticket was dismissed.
Barring any clerical error that might give you an out, on court day, you ask for the calibration schedule and the calibration certificate for the device they used to clock your speed once you get to court. It's the officer's burden of proof to produce those documents IMMEDIATELY. The officer should also be able to provide proof that they are properly trained in the use of the speed detection device and have a document showing that this training is current. 99% of the time they don't have those papers with them. Case dismissed.
Of course, in your case, they didn't need to prove anything since you admitted you were doing 109 at the scene. Had you not admitted to the speeding you could also have asked the officer, "you showed me your laser and it said '109' on the readout. You said 'that's crazy.' Have you ever gotten a reading that you thought might be erroneous from a speed detection device." "is it true that if the officer moves the gun during a reading that it could cause an inaccurate result." "Is it possible that that's what happened when you took that reading?" "I don't feel like I was traveling that fast. You seemed surprised at the reading yourself."
IF the officer can produce all of the correct training and calibration certificates, all you have to do is to cast a shadow of doubt that the reading wasn't taken in error. And the officer's statement "that's crazy" could be construed that he didn't believe it either.
Permitting you don't incriminate yourself during the stop, you can have them pull up the officer's dash cam and body cam footage also. If there are other vehicles around you and your vehicle isn't obviously going much faster than anyone else around it draws doubt as to whether the officer actually clocked YOU instead of someone else.
Now days, most officers can pull your insurance before they have you stopped. It's still worth the old trick of not giving them your insurance. Just give them your license and registration. I used to get out of a lot of little speeding tickets because they would just write me for "failure to maintain financial responsibility." All it would cost me is a trip to the court clerk to show them my insurance card and have the ticket dismissed. Now they just say "It's okay, I already pulled it up." YMMV, this is in TX.
The ONE conviction that I took? I was coming into Gillette, WY Northbound on State Hwy 99. As I topped a rise, he was right there in the middle. 71 mph in a 70. I would have had to appear in person to contest it. They didn't allow council to show up on my behalf without me being present. The fine was something outrageous like $792. I paid it and went on with my life. A couple years later, I was stopped for doing 98 in a 65 in Texas. When I handed him my license, the deputy asked me if I had anything on my record. I told him that I did, one speeding ticket for 71 in a 70 in Wyoming a couple years ago. I told him the fine was punitive too. He went back, ran my license, and told me to "slow down and have a nice day!"
Anyway, $200 seems like a cheap out considering the situation. Don't give that crook attorney any more money...
sam dupont
Well-Known Member
When that guy in the Ram gets out of jail, he should look for a job on a Baja racing team.
When it was still 55 miles an hour, I hitchhiked on a trip across the state because gas prices were high, and my Charger was thirsty. A guy picked me up and he had a radar detector. I thought: all right, we're going to make good time. He said he only had it in case he accidentally sped. He wasn't lying, he drove exactly 55 miles an hour the whole way.
When it was still 55 miles an hour, I hitchhiked on a trip across the state because gas prices were high, and my Charger was thirsty. A guy picked me up and he had a radar detector. I thought: all right, we're going to make good time. He said he only had it in case he accidentally sped. He wasn't lying, he drove exactly 55 miles an hour the whole way.
62Dodge_
Well-Known Member
Howdy A quick synopsis of my ticket history. Back in late 70's it cost $50.00 to make a ticket to disappear, I assumed that $25.00 to lawyer and $25.00 to DA. Yes I had so many tickets that I should have been jailed, after clearing them up no points and no record, as proved when I went into the Air Force. Driving in San Diego California with an Idaho plated Firebird I got pulled over for driving 56 in a 55, I just paid it as the trip was 15 hours to return. I also have talked my out of many. Here is a funny story just recently on our trip to Vegas in our SUV we came upon a dirty SUV that was going 70 in a 70 well that is to slow for me. As I was passing him at 77 I noticed a star on his door most people would slow down not me. As I was pulling over my wife called me an idiot and my buddy was laughing from the back seat. Anyway after telling the Nevada Trooper That wasn't the best thing to do he let me go with a warning and told me that 77 was an ok speed to drive. After all that I would pay the ticket without a lawyer unless injury etc.
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