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Airstud
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My First Speeding Ticket

Sat Aug 31, 2013 8:35 am

OK, so earlier this week I was driving on an six-lane divided highway where the speed limit is 55. I was in the leftmost lane, doing... 64.

From what I've read on yon web, this state o' mine doesn't let you go to traffic school to have a ticket expunged from your record. (And mine was like gleamingly perfect.... sigh.) Of course it's maddening that I wasn't de facto speeding; when the limit is 55 that means they expectt you to do 65, and they expect that in the RIGHT lane, for pete's sake. Haven't y'all seen those signs on freeways that say "slower traffic keep right?"   

Still, I question the wisdom of trying to fight this. Obviously I've never fought a ticket before, but when you choose to do so, I assume you're arguing that you weren't actually driving at the speed given on the ticket; not that you... uh, were, but that the cop should have been cooler about it?
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BMI727
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RE: My First Speeding Ticket

Sat Aug 31, 2013 8:46 am

Quoting Airstud (Thread starter):
I was in the leftmost lane, doing... 64.

Well, the cop's a dick. Unless you were doing anything really unsafe, what you got yourself was a "special tax."
Why do Aerospace Engineering students have to turn things in on time?
 
blueflyer
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RE: My First Speeding Ticket

Sat Aug 31, 2013 8:56 am

Quoting Airstud (Thread starter):
Obviously I've never fought a ticket before, but when you choose to do so, I assume you're arguing that you weren't actually driving at the speed given on the ticket

Nope, you're hoping/praying that the cop who pulled you over doesn't show up for court. With no witness to your infraction, the prosecution will drop the case.
Alternatively, you're hoping the prosecutor is in the mood to make a deal rather than go through with a trial, and you end up with a lowered fine.

If you have time to spare, you can obtain the entire chain of events involved in the issuance and processing of tickets and make sure yours was done by the book. The wife of a colleague did that and grilled the cop who pulled her over on the stand. She got the judge to dismiss the case when the cop admitted to not having completed some step (don't ask me which one) within the allocated time back at the police station. That apparently was enough to invalidate the record of the stop and so there was no longer any proof she was speeding.

I've never gone to such extent. I pay the fine and obey the speed limit in that particular city for the next three months so the violation doesn't go in my record. As far as I am concerned, speeding tickets are like taxes, unavoidable, but thankfully cost me a lot less overall.

I went to court once because the cop was factually wrong and in a bad mood (first and only time I was screamed at by a cop, for no reason whatsoever, at least none having to do with me). He showed up for court but either he had the fortitude to warn the prosecutor it wasn't a solid case, or the prosecutor saw something she didn't like, because the cop did take the stand in another case, but when my turn came, she dropped the case.

Quoting Airstud (Thread starter):
Haven't y'all seen those signs on freeways that say "slower traffic keep right?"

Yeah, but in the state in live in (Texas), they might as well be Christmas ornaments for all the good they do... They do expect you to obey the posted speed limit though, not 10 miles over (where do you get that idea?!?), although I think the official tolerance is 10% over the limit.
 
Airstud
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RE: My First Speeding Ticket

Sat Aug 31, 2013 9:13 am

Quoting blueflyer (Reply 2):
not 10 miles over (where do you get that idea?!?),

I'm not saying 10 miles over is the rule of thumb, just that 65 in a 55 isn't unsafe.

I didn't say they expect us to do 40 in a 30, or 30 in a 20.

Hey - interesting hypothetical, here - what if a driver, in the exact situation I've described in the OP, didn't have proof of insurance (but is properly insured), and the cop didn't make an issue (i.e. add it to the citation)? Is that something that could come back and haunt the driver if he tried fighting the ticket? Or would the cop/state be SOL since there of course isn't documentation of it in the first place?

[Edited 2013-08-31 02:34:00]
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Kiwirob
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RE: My First Speeding Ticket

Sat Aug 31, 2013 11:20 am

Quoting Airstud (Thread starter):
but that the cop should have been cooler about it?

Ah you broke the law and were 9 miles over the speed limit, why should the cop be cool about it? Most countries give you 10% over the limit before they pull you over, you were going faster than 10% over the limit, just pay the ticket and be done with it.
 
photopilot
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RE: My First Speeding Ticket

Sat Aug 31, 2013 12:09 pm

The first thing to do is to file a motion to the Prosecutor's office to request a disclosure of the
prosecution's evidence. You have every right to see what the prosecution has against you. When you request
a disclosure, be very specific of what you need. Just saying "please send me your evidence that you will be
relying upon" will result in a lot of important information missing from the disclosure. If the prosecutor
receives something like this, the most they would do is make a copy of the ticket (if you are lucky you may
get both sides of the officer's copy ) and send it to you, which you may already have. You should be very
specific. Make a short list if possible. Here is a list of "must haves" if you intend to win:
· both sides of the officer's copy of the ticket
· the make, model, and serial number of the radar unit, and its owner's manual
· the officer's training record specific to the said radar unit
· the calibration record and repair history of the said radar unit
· the records of any calibration equipment such as tuning forks
· the officer's log on the alleged offence day, including all tickets he had written on that day
If you ask for the radar manual, they will say this is copyrighted material and will refuse to send it to you.
However, you can ask for the brand, model and manufacturer of the radar unit used in the citation, and
contact the manufacturer yourself.
One important note is, when you send any motion to the Prosecutor's office, make sure you send it by
registered mail. This way they cannot claim that they have never received it because they must sign for it. If
they failed to send you the information you requested, or the disclosure is incomplete, you can send a second
motion requesting the missing information. If it also fails after the second attempt you should bring out this
issue to the judge on the day of the trial, and move for a dismissal due to a lack of disclosure.
Remember to bring your receipt from the post office.
Carefully examine the officer's notes and see what he has written down. You might have a hard time reading
his hand writing, as this is not intended for anyone but himself to read. If you didn't make a big mess when
he pulled you over, he is not likely to write much down. Do this well in advance to allow yourself ample
time to prepare your case. Prepare your questions for cross-examination of the cop.

You have no idea how important disclosure really is. I had one ticket thrown out because the officer's notes stated I was speeding in a 60 km/h zone, while the actual ticket charged me with speeding in a 50 km/h zone. Silly mistake on the cop's part, but it was enough to argue that the officer was clearly confused about the actual ticket, therefore it should be thrown out. It was.

In Canada, one requirement is that the officer must write into his log book the radar calibration (with his tuning forks) at the start of his shift, and again at the end of his shift after noting all the day's tickets. If he forgets or fails to do this, then again you win as you can argue the radar was not calibrated. Naturally your individual states laws/procedures may vary, but it's an obligation on police to make sure they have followed their procedures correctly, and all the i's are dotted and the t's are crossed.

One of the first questions I always ask an officer at trial when he is on the stand is "What color was the car"? Simple stupid question for sure, but there's no way the officer will remember and in my Province, it's not noted on the ticket. Of course with the hundreds of tickets the cop writes, he can't remember and will state this. Next you ask the officer other questions to get him to admit that other than his notes, he has no direct memory of your particular ticket/traffic stop. It's like me asking you what you had for dinner 4 weeks ago on Tuesday of that week. You can't remember because it blends into the whole pattern of you life. The whole purpose of doing this is to get the cop into the position that the ONLY facts he can present are those written down in his notes. Nothing more. That's why disclosure and getting his notes is so important.

You have to understand that winning in court ISN'T about right or wrong. It's about who can PROVE their case to the judge. Your job in defending yourself is to find the holes in the cop's facts, procedures, etc that will work in your favour, at least to raise a "reasonable doubt". Also remember, you DON'T have to testify or offer a defence if you choose not to do so. This prevents the prosecutor from actually questioning you on the stand... so you don't have to lie or commit perjury or get trapped into an admission. You base your defence on keeping them from proving the offence in the first place.

Good luck, have fun and remember.... Court is actually a game of winning....
 
rfields5421
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RE: My First Speeding Ticket

Sat Aug 31, 2013 1:36 pm

Quoting Airstud (Thread starter):
I was driving on an six-lane divided highway where the speed limit is 55. I was in the leftmost lane, doing... 64

So you admit you were clearly guilty.

Quoting Airstud (Thread starter):
Still, I question the wisdom of trying to fight this.

Duh. You are going to fight the rule that you admit you were guilty of breaking.

Pay the fine, apologize and move on. Try to remember that the next time.

If you were not clearly cooperative and cheerful toward the officer issuing the ticket - he will likely remember you and plan to be present at the court date to ensure you are 'convicted'.


I've always found that 5 mph over the limit is about all most departments allow. That covers any issues about equipment calibration, etc.

I've had two tickets in my life, and been guilty of speeding far more than 5 mph over the limit a lot more time than that. Though my speeding is decreasing now that many two lane roads with no shoulders in Texas are 75 mph speed limit.


As to why you - remember the old joke

Speeder - Why did you stop me, those other guys were going faster?
Cop -Ever go fishing?
Speeder - Yes
Cop - Ever catch ALL of them?
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NWADC9
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RE: My First Speeding Ticket

Sat Aug 31, 2013 1:45 pm

Quoting Airstud (Thread starter):
speed limit is 55. I was in the leftmost lane, doing... 64.

Guess that officer doesn't believe in "Nine you're fine, ten you're mine"  

I'd go to court. The worst that can happen is you pay the ticket, and the best is that it never even happened.
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flymia
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RE: My First Speeding Ticket

Sat Aug 31, 2013 3:57 pm

Prosecutors, trials? Certainly not how it's done in Florida. It's a judge, the officer as long as he shows up and the person who got a ticket, or his attorney.

In Florida, at least there a traffic ticket law firms where close to 95% of the time they get the ticket off our record. You may still pay a fine and pay them. See if they have something like that in your state.

As for 64 in 55, no way is 9 over getting you a ticket in South Florida. Way too many bigger fish to catch than a guy going 9 over. It's your first ticket so I doubt your insurance carrier will care much. But 9 over, you can fight it. Maybe the judge will tell you just to pay the fine and nothing else.
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fr8mech
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RE: My First Speeding Ticket

Sat Aug 31, 2013 4:31 pm

Quoting photopilot (Reply 5):

Or, you can just suck it up and pay the fine, accept the points on your license and move on with your life.

You were speeding, accept responsibility for your actions.

Yes, most of the nation's police officers don't even blink if your going 10mph over on a divided highway; you came across an officer, who for that moment in time, did care. Such is life.
When seconds count, the police are minutes away, or may not come at all.
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Tugger
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RE: My First Speeding Ticket

Sat Aug 31, 2013 5:03 pm

Quoting Airstud (Thread starter):
OK, so earlier this week I was driving on an six-lane divided highway where the speed limit is 55. I was in the leftmost lane, doing... 64.

Honest question, and please take no offense... but are you positive you were you actually going 64 or did the officer write for 64 to be nice and allow you the options mentioned? Were you going faster, slowed down and thought you "were OK" and then he pulled you over? I ask because I have had tickets too for "going 64" because going ten or more miles over the speed limit would have hit me with a higher fine and fewer option (such as no ability to expunge the ticket as you mentioned) and the officer plainly stated he was doing so because my record was clean prior to that point. And he said to please in the future slow down. For me, I went to traffic school cleared the ticket, had no change to my insurance and all was good.

I had no hard feelings over it though, as I knew (and know as I still do it) that going faster than the speed limit does open me to the risk of getting a ticket.

Quoting Airstud (Reply 3):
Hey - interesting hypothetical, here - what if a driver, in the exact situation I've described in the OP, didn't have proof of insurance (but is properly insured), and the cop didn't make an issue (i.e. add it to the citation)? Is that something that could come back and haunt the driver if he tried fighting the ticket? Or would the cop/state be SOL since there of course isn't documentation of it in the first place?

I don't think it will in this situation, as you either had insurance or didn't and that can be easily shown if you asked in the future and there was nothing noted at the time of the ticket for speeding. Now if the person actually didn't have insurance at the time it can be an issue as during the administrative process of paying the ticket or opting for traffic school it can be part of the information you are required to provide (proof of insurance showing you are and were insured at the time).

Tugg
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LAXintl
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RE: My First Speeding Ticket

Sat Aug 31, 2013 5:22 pm

Pretty simple.

Quoting rfields5421 (Reply 6):
Pay the fine, apologize and move on. Try to remember that the next time.

  

Quoting Fr8mech (Reply 9):
You were speeding, accept responsibility for your actions.

  
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Maverick623
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RE: My First Speeding Ticket

Sat Aug 31, 2013 10:04 pm

Quoting photopilot (Reply 5):

LOL.

That may work in Canada, but here in the US, traffic court judges are pretty much a rubber stamp for speeding tickets. Also, you are not allowed to appeal most civil traffic infractions... so even if the judge is completely and obviously wrong, there's nothing you can do about it.

The only hope the OP has is that the cop doesn't show up to court.

Quoting Airstud (Thread starter):
From what I've read on yon web, this state o' mine doesn't let you go to traffic school to have a ticket expunged from your record. (And mine was like gleamingly perfect.... sigh.)

Unless you have a CDL, or plan to get one, one traffic ticket for 9 over is not going to make a damn bit of difference for anything.
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RobertNL070
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RE: My First Speeding Ticket

Sat Aug 31, 2013 11:03 pm

Cease whinging.


Pay the fine.


Learn from the experience.


Get over it.

 
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Stabilator
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RE: My First Speeding Ticket

Sat Aug 31, 2013 11:06 pm

What city were you in?

I've been pulled over in Bloomington and Eden Prairie, going about 8-10 over. Such is life man, in the end it isn't a huge deal.
So we beat on against the current, borne back ceaselessly into the past.
 
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Aesma
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RE: My First Speeding Ticket

Sat Aug 31, 2013 11:15 pm

Just a couple days ago it was announced that it would not be possible anymore to go to court over such matters here in France. I'm pretty sure this is because the system is abused by people with enough money to win every time with fancy lawyers, when they were clearly in the wrong (and I'm talking drunk driving at 200Km/h wrong).

Meanwhile us suckers don't even fight when the case is fishy, for example my only ticket the radar was in a curve and I learned later that they're not certified for such use.

You're rarely stopped by cops though (unless going really fast), most people just receive the ticket in the mail (my case).

As for a record and "traffic school", as far as I know the record of your tickets has no consequence on anything other than the outcome of future similar incidents, especially if you lose all your points or get caught very fast with several other previous violations (car can be seized, things like that). There is no way to expunge anything, you just can get some points back with a course, or just don't get caught for some time (my case).
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photopilot
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RE: My First Speeding Ticket

Sat Aug 31, 2013 11:39 pm

Quoting Maverick623 (Reply 12):
That may work in Canada, but here in the US, traffic court judges are pretty much a rubber stamp for speeding tickets. Also, you are not allowed to appeal most civil traffic infractions... so even if the judge is completely and obviously wrong, there's nothing you can do about it.

I'm sorry, but are you telling me that as a person charged with an offence you don't have the right to question the officer's evidence? And if you're going to question the evidence, are you not allowed by law to see it prior to coming to court?

Also, in Canadian courts, the case is presented by a Crown Attorney (our version of a District Attorney) who both questions the Government's witness on the stand to elicit evidence (the cop) and cross-examines the defense witness (usually you the driver). And like any court of law, you have the chance to challenge and question the officer on his evidence. Are you not afforded the same rights in an American traffic court?
 
rfields5421
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RE: My First Speeding Ticket

Sat Aug 31, 2013 11:52 pm

Quoting photopilot (Reply 16):
I'm sorry, but are you telling me that as a person charged with an offence you don't have the right to question the officer's evidence? And if you're going to question the evidence, are you not allowed by law to see it prior to coming to court?

We have 50 different states - and 50 different ways of handling traffic offenses. We even have different ways of handling traffic offenses within the same state.

In most states, the 'offense' is an administrative matter, not a criminal matter. Unless the case involves a felony charge, very seldom is a traffic offense go before a judge who is actually a lawyer, in many places. The 'judge' may be an appointed or elected official who is not required to have a law license.

If it is a felony charge such as DUI, involves injury or death, etc - the case is elevated to regular courts, with active prosecution, discovery and rights to an attorney.

Again - this isn't always the same in every place. 50 different states, 50 different sets of laws, and multiple different enforcements of the same laws in small towns, rural counties and larger cities.


I live in a semi-rural part of Collin County - but within the city limits of Wylie. If I get a traffic ticket, I go to the city municipal court, where the 'judge' will be the County Justice of the Peace for this district - working for the city under a contract. The JP is not a lawyer, has never been to law school. He was a law enforcement specialist in the USAF, served as a police officer, a deputy sheriff and a deputy constable for several years in the county.

If I challenge a ticket - the city attorney will act as prosecutor and I will have to provide my own defense attorney. A lawyer who practices in the area will be hired as a temporary contractor as the judge. A jury trial or a bench trial will be scheduled four to eight weeks in the future. My driver's license might be temporarily suspended by the JP awaiting the trail.

The city has a policy. If you fight a ticket with a trial - the city will want a six month minimum license suspension - and if you are convicted - they usually get it. Even for 6 miles per hour over the speed limit.

But almost all traffic tickets qualify for deferred adjudication if you go to defensive driving and do not re-offend in six months.

If you are not a repeat offender or the ticket might risk your professional license - you would be stupid to appeal.

[Edited 2013-08-31 17:16:03]
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fr8mech
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RE: My First Speeding Ticket

Sun Sep 01, 2013 12:46 am

Quoting Maverick623 (Reply 12):
That may work in Canada, but here in the US, traffic court judges are pretty much a rubber stamp for speeding tickets. Also, you are not allowed to appeal most civil traffic infractions... so even if the judge is completely and obviously wrong, there's nothing you can do about it.


I'm thinking you can do exactly what photopilot suggests. I'm also thinking that doing that will guarentee that the officer shows up in court and that the state's attorney (or whoever the juridiction has representing them) makes it absolutely clear that the state has no interest in being lenient.
When seconds count, the police are minutes away, or may not come at all.
It’s hard to win an argument with a smart person, but it’s damn near impossible to win an argument with a stupid person. ~B. Murray
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Airstud
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RE: My First Speeding Ticket

Sun Sep 01, 2013 2:03 am

I like what tugger said. Maybe I was going faster and the cop was being not-a-dick by citing me at 64.

I just mailed the blamed payment in.

Meh.
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airportugal310
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RE: My First Speeding Ticket

Sun Sep 01, 2013 2:08 am

I love the "holier than thou" attitudes here on a.net

Everyone on here must be a perfect citizen

I speed all the time and get away with it. The 3 times I've gotten a ticket for speeding I fought it (because why the hell not??) and lied and got them all dismissed.

You all go on being perfect angels. I'm good to go.

My advice buddy - fight it and hope for the best. Make up some good lie like I did. Save yourself some $$$
“They bought their tickets, they knew what they were getting into. I say, let 'em crash.”
 
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fr8mech
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RE: My First Speeding Ticket

Sun Sep 01, 2013 3:48 am

Quoting airportugal310 (Reply 20):
and lied
Quoting airportugal310 (Reply 20):
Make up some good lie like I did

So, you're comfortable lying...I'm sorry...perjuring yourself?

You don't like taking responsibility for your actions?

I'm far far a perfect citizen, and if I can use the law to avoid paying a fine, I will, but I certainly won't lie to do it.

Integrity is doing the right thing when no one is looking.
When seconds count, the police are minutes away, or may not come at all.
It’s hard to win an argument with a smart person, but it’s damn near impossible to win an argument with a stupid person. ~B. Murray
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Airstud
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RE: My First Speeding Ticket

Sun Sep 01, 2013 3:59 am

Quoting Fr8mech (Reply 21):
I'm far from a perfect citizen, and if I can use the law to avoid paying a fine, I will, but I certainly won't lie to do it.

Yeah... I wasn't sure where airportugal was getting this idea that there's holier-than-thou attitudes on this thread. Perhaps given the actions he's confessed to, he's feeling a little bit confronted.

Apparently this is just life in the world; no more perfect driving record for me. Since I still know I wasn't driving unsafe-like, I'm just a little worried about the impact this is going to have on my insurance rates. I wonder if the insurance company looks at the deets of a ticket (a dude going 9 over on the highway ain't quite the same risk as the dude going 30 over), or if to them, a ticket is a ticket is a ticket.
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Mir
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RE: My First Speeding Ticket

Sun Sep 01, 2013 4:17 am

Quoting Airstud (Reply 22):
Apparently this is just life in the world; no more perfect driving record for me.

You and a whole bunch of other people who are perfectly good drivers. Sucks at first, but ultimately no big deal.

Quoting Airstud (Reply 22):
Since I still know I wasn't driving unsafe-like, I'm just a little worried about the impact this is going to have on my insurance rates. I wonder if the insurance company looks at the deets of a ticket (a dude going 9 over on the highway ain't quite the same risk as the dude going 30 over), or if to them, a ticket is a ticket is a ticket.

They probably don't go into the details, but I very much doubt they'd do anything about one ticket unless it's for reckless speed or something like that.

-Mir
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fr8mech
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RE: My First Speeding Ticket

Sun Sep 01, 2013 4:29 am

Quoting Airstud (Reply 22):
I wonder if the insurance company looks at the deets of a ticket (a dude going 9 over on the highway ain't quite the same risk as the dude going 30 over), or if to them, a ticket is a ticket is a ticket.

I suggest you don't change insurance companies or change your coverage in anyway for the next 3 years (or maybe it's 5) if you can avoid it. Don't give them a reason to look at your driving record.

Though, it could all be automated now.
When seconds count, the police are minutes away, or may not come at all.
It’s hard to win an argument with a smart person, but it’s damn near impossible to win an argument with a stupid person. ~B. Murray
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aerorobnz
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RE: My First Speeding Ticket

Sun Sep 01, 2013 5:27 am

I have had a number of tickets over the years. I wouldn't lose any sleep over it. It doesn't change much for you. My premiums are lower than ever.
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Max Q
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RE: My First Speeding Ticket

Sun Sep 01, 2013 5:47 am

Can't believe you can't fight it, but I think you said it was Texas..


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RE: My First Speeding Ticket

Sun Sep 01, 2013 7:00 am

Going to court usually results in a reduced fine even if you are guilty.


I followed most of PhotoPilots advice one time for a speeding ticket.

I asked the cop what kind of training did he have on the radar gun. (5 years on the job experience)

I then asked him if he used the same expertise with the radar gun as he used in writing my ticket. He said he did.

Then I explained to the judge that my car is Blue and not Gold as he wrote on my ticket.
He reversed two letters of my license tag number.
And he got the year of my birth wrong. Instead of writing 1951, he wrote 1921.

I then told the judge that I move for dismissal. He agreed and complemented me on my ingenuity.

BTW, I have not had any tickets since 1982. Over 30 years!
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airportugal310
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RE: My First Speeding Ticket

Sun Sep 01, 2013 9:11 am

Quoting Fr8mech (Reply 21):
Quoting Airstud (Reply 22):

Nope. When it comes to paying fines, I'm all set with that. Are we suggesting that we should just pay money "just because"?

My holier than thou comments stems mostly from "I don't speed" crowd...everyone speeds. If its even 1 mph over...you sped.
“They bought their tickets, they knew what they were getting into. I say, let 'em crash.”
 
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fr8mech
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RE: My First Speeding Ticket

Sun Sep 01, 2013 9:59 am

Quoting airportugal310 (Reply 29):
Are we suggesting that we should just pay money "just because"?


No, but if I'm at fault, I'll be damned if I'm going to perjure myself in order to save a few bucks. Like I said, if I can get out of the fine in a lawful manner, I will.

Quoting airportugal310 (Reply 29):
My holier than thou comments stems mostly from "I don't speed" crowd...everyone speeds. If its even 1 mph over...you sped.


And, where has anyone in this thread indicated that they hold a superior moral position because they don't speed?
When seconds count, the police are minutes away, or may not come at all.
It’s hard to win an argument with a smart person, but it’s damn near impossible to win an argument with a stupid person. ~B. Murray
Ego Bibere Capulus, Ut Aliis Sit Vivere
 
rfields5421
Posts: 6374
Joined: Thu Jul 19, 2007 12:45 am

RE: My First Speeding Ticket

Sun Sep 01, 2013 1:25 pm

Quoting Airstud (Reply 22):
I'm just a little worried about the impact this is going to have on my insurance rates

Your profile indicates you are above the high risk age group. When I got a ticket in 2001 and my wife got one in 2008, we talked to our insurance agent about possible impact.

He told us not to worry. One ticket for speeding in over 10 years would not impact insurance rates.
Not all who wander are lost.
 
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DarkSnowyNight
Posts: 2780
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RE: My First Speeding Ticket

Mon Sep 02, 2013 9:48 am

Quoting Maverick623 (Reply 12):
Unless you have a CDL, or plan to get one, one traffic ticket for 9 over is not going to make a damn bit of difference for anything.

Or if you're planning on attaching a Commercial Rating to your Pilot Certificate. But who even does that around here?  
Quoting rfields5421 (Reply 6):
Speeder - Why did you stop me, those other guys were going faster?
Cop -Ever go fishing?
Speeder - Yes
Cop - Ever catch ALL of them?

Truth.

Quoting rfields5421 (Reply 17):
In most states, the 'offense' is an administrative matter, not a criminal matter. Unless the case involves a felony charge, very seldom is a traffic offense go before a judge who is actually a lawyer, in many places. The 'judge' may be an appointed or elected official who is not required to have a law license.

Interesting aside, in a lot of jurisdictions, a Judge is an elected official and there is no requirement for a law degree or bar membership... And that's to preside over any type of trial.

Quoting rfields5421 (Reply 17):
I live in a semi-rural part of Collin County - but within the city limits of Wylie.

That's a nice part of town. Reminds me of what Frisco was like about 15 years ago.

Quoting rfields5421 (Reply 17):

But almost all traffic tickets qualify for deferred adjudication if you go to defensive driving and do not re-offend in six months.

The only ticket I ever got in TX was handled that way, though that was over by G-vine.

Quoting airportugal310 (Reply 20):
I love the "holier than thou" attitudes here on a.net

Everyone on here must be a perfect citizen

No... But I play one on A.net,  
Well, you know what they say. Whatever doesn't kill you...
... Must not be an MD-11.
 
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fr8mech
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RE: My First Speeding Ticket

Mon Sep 02, 2013 10:14 am

Quoting DarkSnowyNight (Reply 32):
The only ticket I ever got in TX was handled that way, though that was over by G-vine.

Deferred adjudication is a wonderful thing. I got a ticket for failure to yield in Bedford and handled it through deferred adjudication. You can bet that I made sure I yielded when I was supposed to for the next 3 months...everywhere in the Mid-Cities.
When seconds count, the police are minutes away, or may not come at all.
It’s hard to win an argument with a smart person, but it’s damn near impossible to win an argument with a stupid person. ~B. Murray
Ego Bibere Capulus, Ut Aliis Sit Vivere
 
bennett123
Posts: 10615
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RE: My First Speeding Ticket

Mon Sep 02, 2013 10:32 am

How much is the fine that we are talking about here.

Could cost more to take a day off work.
 
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Aesma
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RE: My First Speeding Ticket

Mon Sep 02, 2013 1:32 pm

Quoting DarkSnowyNight (Reply 32):
Or if you're planning on attaching a Commercial Rating to your Pilot Certificate. But who even does that around here?

Why do all these people (insurance companies, FAA ?) even know about your police record ?
New Technology is the name we give to stuff that doesn't work yet. Douglas Adams
 
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fr8mech
Posts: 8109
Joined: Mon Sep 26, 2005 9:00 am

RE: My First Speeding Ticket

Mon Sep 02, 2013 11:50 pm

Quoting Aesma (Reply 35):
Why do all these people (insurance companies, FAA ?) even know about your police record ?

Insurance companies have access to your driving record in order to properly assess your risk and therefore, your premium.

As for the FAA, I know a certificate holder must report any action against a driver's license that resulted from a drug or alcohol offense.

Whether or not a certificate holder has to report a moving violation to the FAA is a question I haven't been able to answer after a very cursory search of the regulations.
When seconds count, the police are minutes away, or may not come at all.
It’s hard to win an argument with a smart person, but it’s damn near impossible to win an argument with a stupid person. ~B. Murray
Ego Bibere Capulus, Ut Aliis Sit Vivere
 
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KaiGywer
Posts: 11183
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RE: My First Speeding Ticket

Tue Sep 03, 2013 12:27 am

Are you still living in Minnesota? If so, the ticket won't show up on your record anyways. It's called the Dimmler Amendment.

A 1986 law (known as the “Dimler amendment”) that was modified in 2012 governs recording of speeding violations on the motorist’s driving record, which is kept by the Department of Public Safety and made accessible to insurance
companies (records are also kept by the courts). Minn. Stat. § 171.12, subd. 6.

Speeding violations are not placed on the driving record if the driver traveled no more than 10 m.p.h. above the speed limit in a 55 or 60 m.p.h. zone. This provision will adjust so that starting August 1, 2014, in a 60 m.p.h. zone it only
prevents recording violations of no more than 5 m.p.h. over the limit.

The prohibition on recording violations does not apply if: (1) the speed limit is below 55 m.p.h. or is 65 m.p.h. or higher; (2) the speeding violation occurred in a commercial motor vehicle; or (3) the driver holds a commercial driver’s license (class A, B, or C).
“Once you have tasted flight, you will forever walk the earth with your eyes turned skyward, for there you have been, an
 
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DarkSnowyNight
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RE: My First Speeding Ticket

Tue Sep 03, 2013 12:28 am

Quoting Fr8mech (Reply 36):
Whether or not a certificate holder has to report a moving violation to the FAA is a question I haven't been able to answer after a very cursory search of the regulations.

Like a lot of things, it's open to interpretation and depends on your FSDO's way of handling things (though that probably doesn't vary much), but generally, them finding something that was not disclosed (say speeding over a certain amount or anything with the word reckless in it) is grounds for suspension, revocation or denial.

I had a guy I worked with a while back who was sure he'd be able get certificated all the way up to Commercial ( A lot of "No, trust me dude, it's good, I looked into it", etc). He wound up getting his PPL yanked three weeks after he got it over a streetracing ticket he failed to disclose. From what I understand, he'd have still had to wait until the ticket was ten years old anyway, but it will probably be a lot harder for him to fly again period.

I always just assume the FAA can see more than I think they can.
Well, you know what they say. Whatever doesn't kill you...
... Must not be an MD-11.
 
jetblueguy22
Posts: 3507
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RE: My First Speeding Ticket

Tue Sep 03, 2013 1:18 am

Just got my first one today as well. Cop caught me doing 80 in a 70 in Stearns County MN. I was not happy.

Quoting Airstud (Reply 19):
Maybe I was going faster and the cop was being not-a-dick by citing me at 64.

Maybe you should be happy he may have cited you lower. I'd rather have a cop cite me lower than higher.

Quoting Fr8mech (Reply 36):
Whether or not a certificate holder has to report a moving violation to the FAA is a question I haven't been able to answer after a very cursory search of the regulations.

From what I remember from ground school only if it is a moving violation where drugs or alcohol are involved do you have to report it.

Quoting KaiGywer (Reply 37):
The prohibition on recording violations does not apply if: (1) the speed limit is below 55 m.p.h. or is 65 m.p.h. or higher;

DARN! You had my hopes up there for a second. Oh well. Lets hope my insurance doesn't nail me.

I'd just pay it and move on. Yeah it sucks, but do you really want to waste a day on the chance that it gets thrown out? You know you were speeding. It doesn't sound like there is a whole lot that is questionable about the stop. Best to just move on and drive a little slower. I may invest in a radar detector after mine .
Pat
Look at sweatpants guy. This is a 90 million dollar aircraft, not a Tallahassee strip club
 
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casinterest
Posts: 12759
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RE: My First Speeding Ticket

Tue Sep 03, 2013 1:24 am

Good luck with the tickets folks. Having researched lately.... for no particular reason. Most major insurance companies forgive the 0-9 MPH tickets once every 36 months. However if you get a 2nd ticket in that timeframe ........ Both can be used in your next billing cycle. Here in NC , you can use PFJ, Prayer for Judgement should you have a minor infraction to keep it off your record and insurance. Same issue applies. You get a 2nd in 36 months, and you get both on the record.
Where ever you go, there you are.
 
ArmitageShanks
Posts: 3780
Joined: Tue Dec 30, 2003 5:30 am

RE: My First Speeding Ticket

Tue Sep 03, 2013 1:42 am

Quoting Fr8mech (Reply 35):
Insurance companies have access to your driving record in order to properly assess your risk and therefore, your premium.

I recently changed insurance and my one and only speeding ticket was on there from a year earlier (1 AM in eastern KANSAS going 84 in a 70 of all places. I mean, really?) I'd thought about that in advance and my premiums were lower anyway. Now, in my brothers case I think he's up for the death penalty if he gets another one. I'll have to check on that.
 
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KaiGywer
Posts: 11183
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RE: My First Speeding Ticket

Tue Sep 03, 2013 5:07 am

Quoting jetblueguy22 (Reply 38):
Just got my first one today as well. Cop caught me doing 80 in a 70 in Stearns County MN. I was not happy.

I saw somebody pulled over on 94 in Stearns county today. Maybe it was you   I was also doing 80...lol
“Once you have tasted flight, you will forever walk the earth with your eyes turned skyward, for there you have been, an
 
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Pellegrine
Posts: 2543
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RE: My First Speeding Ticket

Tue Sep 03, 2013 9:33 am

Fight it.

I've never had a moving violation...but I've driven 75 in a 25 LOL. MPD LOL.... I don't do that anymore...but I routinely drive over the speed limit. I love DC.

Hell I've fought parking violations in court before. They expect you to roll over. Just fight it, and if you lose, you have to pay. No biggie.
We fly JETS, we don't fly donkeys. Citizenship/Residence::: Washington DC, US; Vaud, CH; Providenciales, TCI (hence my avi)
 
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Moose135
Posts: 3214
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RE: My First Speeding Ticket

Tue Sep 03, 2013 3:04 pm

Quoting NWADC9 (Reply 7):
Guess that officer doesn't believe in "Nine you're fine, ten you're mine"

I've heard it as "Eight is great, nine you're mine..." I usually set the cruise for 5-7 over and don't have a problem. Only time I was ever stopped for speeding was on Castle AFB back in 1985 - young SP clocked me at 27 in a 25, but had to let me go because he got another call to respond to.
KC-135 - Passing gas and taking names!
 
jetblueguy22
Posts: 3507
Joined: Thu Nov 29, 2007 12:26 am

RE: My First Speeding Ticket

Tue Sep 03, 2013 7:03 pm

Quoting KaiGywer (Reply 41):
I saw somebody pulled over on 94 in Stearns county today. Maybe it was you   I was also doing 80...lol

If it was around 1020 AM it was me! That cop came out of no where!

Quoting Pellegrine (Reply 42):
young SP clocked me at 27 in a 25, but had to let me go because he got another call to respond to.

Pulling you over for 2 over? Geez that guy really knows how to be by the book.
Pat
Look at sweatpants guy. This is a 90 million dollar aircraft, not a Tallahassee strip club
 
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Moose135
Posts: 3214
Joined: Mon Oct 04, 2004 11:27 pm

RE: My First Speeding Ticket

Tue Sep 03, 2013 7:34 pm

Quoting jetblueguy22 (Reply 44):
Pulling you over for 2 over? Geez that guy really knows how to be by the book.

He was an 18-year-old Airman, and I was a 2LT, I guess he got points for writing up an officer.
 
KC-135 - Passing gas and taking names!
 
vikkyvik
Posts: 12604
Joined: Thu Jul 31, 2003 1:58 pm

RE: My First Speeding Ticket

Tue Sep 03, 2013 8:00 pm

Quoting jetblueguy22 (Reply 44):
Pulling you over for 2 over? Geez that guy really knows how to be by the book.

It was on an Air Force Base. No surprise there.

One of the few times I got pulled over was on an AFB as well. Didn't realize the speed limit was 20 instead of 25, because it was a school zone. No ticket though.

The VA Hospital and the AFB in my hometown were two places where everyone stuck within a couple MPH of the posted limit. Other than that, both in MA and CA, I routinely drive up to 80 mph (speed limit 65). Typically set cruise control at 77 or so. Never been pulled over on a freeway in either state. And there's a fair amount of traffic going faster than me, as well.
I'm watching Jeopardy. The category is worst Madonna songs. "This one from 1987 is terrible".
 
jetblueguy22
Posts: 3507
Joined: Thu Nov 29, 2007 12:26 am

RE: My First Speeding Ticket

Tue Sep 03, 2013 9:02 pm

Quoting vikkyvik (Reply 46):
Other than that, both in MA and CA, I routinely drive up to 80 mph (speed limit 65). Typically set cruise control at 77 or so. Never been pulled over on a freeway in either state. And there's a fair amount of traffic going faster than me, as well.

I'm from CT so I know what you're talking about in MA. I was coming back from Boston in July and blew past a cop at 80 in a 65 zone. I thought for sure my ticketless streak was over. He never even flinched. I was shocked. Leave it to me to get my first ticket in the middle of nowhere...
Pat
Look at sweatpants guy. This is a 90 million dollar aircraft, not a Tallahassee strip club
 
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KaiGywer
Posts: 11183
Joined: Sun Oct 26, 2003 9:59 am

RE: My First Speeding Ticket

Tue Sep 03, 2013 9:54 pm

Quoting jetblueguy22 (Reply 44):
If it was around 1020 AM it was me! That cop came out of no where!

Nope, it was more around noonish when I passed through there. Another lucky winner of a personal meeting with a MN State Trooper I guess  
“Once you have tasted flight, you will forever walk the earth with your eyes turned skyward, for there you have been, an
 
rfields5421
Posts: 6374
Joined: Thu Jul 19, 2007 12:45 am

RE: My First Speeding Ticket

Tue Sep 03, 2013 11:05 pm

Quoting vikkyvik (Reply 46):
It was on an Air Force Base. No surprise there.

Many military bases advertise "No Tolerance" and they mean it.


It was that way when I was on active duty 20 years ago, and it is still that way when I visit bases. I make very sure I am UNDER the posted speed limit.


(They love ticketing old retirees almost as much as butter bars.)
Not all who wander are lost.

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