: Can you fight this type of ticket?



medicz28
11-30-07, 04:21 PM
Long story short, I was timed using a watch and those white stripes on the road by a Florida Highway Patrol aircraft doing 85 in a 70 and thusly pulled over by a patrol car (that's what the cop said was used to determine my speed). It was a mass sting, with about 10 FHP cars on I-75 near Brandon. The road was very crowded during that time of day and even though I was speeding (going with flow of traffic) it was not 85 MPH. Should I go to court to fight this or am I wasting my time? If I do go to court and lose, are their extra fines for trying to fight the system? Thanks for your help.

dkozloski
11-30-07, 04:27 PM
Timing by a stopwatch over a marked distance is the "gold standard" for a speeding violation. You'd have to prove that the guy flying the plane was blind, which is not likely. You're H-A-D had.

medicz28
11-30-07, 04:35 PM
Thanks for the reply, I figured I was screwed. I don't know where the 85 mph came from, there were other silver cars, the interstate was packed that day. I was thinking I received the wrong ticket for someone elses car. Looks like I'm forking up the dough.

HITMONEY
11-30-07, 04:37 PM
How many tickets have you had in the past5 years?

My_favorite_Brougham
11-30-07, 04:39 PM
Sorry man, but I think you're out of luck. And the "going with the flow" defense is about as powerful as the kindergarten story of "just because he did it, doesn't make it right" You're just the victim the snake decided to snatch. An example to society, more or less. Sorry. :(

Unless you could prove that they mistook your car for someone else, which is basically your word against his. Again, sorry. :(

Fire and Ice
11-30-07, 04:56 PM
You can always "try" but most times the judge might give you the option to go to traffic school or try your luck fighting it. Never hurts to ask about school... IMO.

CadillacGurl
11-30-07, 05:39 PM
Yeah if you go and fight it, you probably will get less points and the judge might reduce the sentence.

dkozloski
11-30-07, 06:49 PM
The only "traffic school" around here is in the general population of the local state jail and they call that "gladiator school".

Submariner409
11-30-07, 06:56 PM
Anyone ever do 1 mph over the 35 limit on Rt.10 in Waldo (!) FL ? (Not me...my daughter in law briefed us before the fact...) There's a (private)billboard outside of town which says sort of "Welcome to Alachua County, home of Waldo, the biggest speed trap in the world".

Small towns in GA and SC are also noteworthy.......

medicz28
11-30-07, 08:22 PM
How many tickets have you had in the past5 years?


my last speeding ticket was 10 Oct 2001.

medicz28
11-30-07, 08:28 PM
You can always "try" but most times the judge might give you the option to go to traffic school or try your luck fighting it. Never hurts to ask about school... IMO.


I have CDL "A" license, so traffic school as of Oct 2005, is out. I don't use the CDL for a living or anything really. The only good it's doing me is keeping me out of traffic school. thanks for the replies, I'll just pay the ticket. I was only peeved about getting tagged for 85 instead of the 78 I was doing.

My_favorite_Brougham
11-30-07, 08:38 PM
Ya know, the way these "fight it" situations work is you go to court and the officer who wrote you the ticket shows up and testifies. But if for any reason the officer does not show up (home sick, on vacation, on duty) then the judge automatically dismisses it. Most cops don't even care to show up anyway because it's no skin off their back (they still keep their ticket count). Also judges who are feeling lofty on some days may go ahead and dismiss it as a reward for your effort to even show up. Amazing things can happen out of little effort. At the very least, he may say no. But there are no extra penalties for fighting the system; it's your right. :thumbsup:

Don't bother with a lawyer, that'll run your expenses up and make you look guilty. Just show and shoot the breeze with the judge. I've known that to happen occasionally, too. They're like "you look like an honest fellow; why don't you let me handle this and you can go about your way." But you should go right after lunch, as they may be hungry and gripey in the morning.

Good luck!

93DevilleUSMC
11-30-07, 08:54 PM
MedicZ28, what branch of service are you in?

ejguillot
11-30-07, 08:56 PM
If you go to court, remember that the Florida Highway Patrol PAYS their troopers to show up to court PREPARED to document your speeding. That said, the judge might withhold adjudication (you pay up, but the ticket stays off your license).

Been there on the above.

If you can choose to go to traffic school, do so, otherwise try to talk to the judge.

LS1Mike
11-30-07, 09:27 PM
Do they have deferred prosecution? I did that with my last record, if you stay clean for a year. The ticket goes away.
You may qualify if you have never used it.

medicz28
11-30-07, 10:54 PM
MedicZ28, what branch of service are you in?

I served in the Navy for 10 years as an (AT); got out awhile ago.

Florian
11-30-07, 11:55 PM
both the pilot/spotter and the ground cop have to be present at your hearing.....if one or the other dont make it, youre scott free. DAMHIK


F

Stoneage_Caddy
12-01-07, 12:52 AM
The only "traffic school" around here is in the general population of the local state jail and they call that "gladiator school".

i remeber going to alaska land for my traffic school , got that 145 in a 55 outside nenanna

thebigjimsho
12-01-07, 02:45 AM
Ya know, the way these "fight it" situations work is you go to court and the officer who wrote you the ticket shows up and testifies. But if for any reason the officer does not show up (home sick, on vacation, on duty) then the judge automatically dismisses it. Most cops don't even care to show up anyway because it's no skin off their back (they still keep their ticket count). Also judges who are feeling lofty on some days may go ahead and dismiss it as a reward for your effort to even show up. Amazing things can happen out of little effort. At the very least, he may say no. But there are no extra penalties for fighting the system; it's your right. :thumbsup:

Don't bother with a lawyer, that'll run your expenses up and make you look guilty. Just show and shoot the breeze with the judge. I've known that to happen occasionally, too. They're like "you look like an honest fellow; why don't you let me handle this and you can go about your way." But you should go right after lunch, as they may be hungry and gripey in the morning.

Good luck!


both the pilot/spotter and the ground cop have to be present at your hearing.....if one or the other dont make it, youre scott free. DAMHIK


FAbso-friggin'-lutely!!!

The officer/s is the prosecution's key witness. In order to present an accurate and proper case, there can be no hearsay. If BOTH of the key pieces of the prosecution, the officers who made the stop, are not there, they have an incomplete case that would be near impossible to convict with.

To me, the plane/car pullover is the easiest to get out of and the one I would enjoy fighting.

dkozloski
12-01-07, 03:25 AM
The problem you have here is that they caught a whole herd of offenders so the cops are going to show to deliver the coup de grace to the saps. Any cop who fails to appear for a ton of cases is going to get reamed by his boss. The judge can't turn you loose without turning them all loose and that ain't going to happen. The video tape will clinch the deal.

medicz28
12-01-07, 01:02 PM
The problem you have here is that they caught a whole herd of offenders so the cops are going to show to deliver the coup de grace to the saps. Any cop who fails to appear for a ton of cases is going to get reamed by his boss. The judge can't turn you loose without turning them all loose and that ain't going to happen. The video tape will clinch the deal.


What video, if there is any at all, it's the cops dash cam showing me pulling off to the side of the road. I had slowed down way before I past any of the cops.

thebigjimsho
12-01-07, 04:02 PM
The problem you have here is that they caught a whole herd of offenders so the cops are going to show to deliver the coup de grace to the saps. Any cop who fails to appear for a ton of cases is going to get reamed by his boss. The judge can't turn you loose without turning them all loose and that ain't going to happen. The video tape will clinch the deal.Maybe that's how it works in the great AK, but in most states, people stopped in a group won't have their cases at the same time. If there is a pre-trial hearing, or getting any type of continuance, should get you out of sync. And in my last 3 trial dates, the officer did not show up. I would guess that would be the case more often in a more populated state.

But, either way, both the officer in the plane and the car HAVE to be there.

dkozloski
12-01-07, 04:50 PM
The observer in the air uses a machine that keeps track of about six cars at once with timing and may include video as well. Some states pay the officer overtime to attend court. Sometimes there is quite a bit of contention between the prosecutor and the police about court appearances because whoever doesn't show screws up the works. Around here the prosecutor and the cops work together pretty well and a dismissed case is a rarity. The judge gets irritated as well when somebody drops the ball and the cops/prosecutor don't want to get on the bad side of the judge. A very large percentage of the local cases here end with a deal so the judge is pretty suspicious of somebody trying to delay things. They'll give you one continuence and then the hammer drops. The dame that hit me got one continuence and tried for another and for not having insurance got her car forfeited, did jail time, and a long license suspension. She had been offered a deal and could have paid a fine and restitution and had a short suspension. She decided to try to play the system and it backfired. I got screwed out of my deductible because I'd have had to drag her to small claims court.

z06bigbird
12-02-07, 01:27 AM
Pretend the ticket was for one of the times when you really were speeding. That will be my approach (to myself) when I get stopped. Hell, we all speed many times and rarely get stopped. Law of averages just caught up with you.

No sense in getting worked up over it. Not sure how to get points eliminated/reduced, etc.

Good luck.

z06bigbird
12-02-07, 01:31 AM
The observer in the air uses a machine that keeps track of about six cars at once with timing and may include video as well. Some states pay the officer overtime to attend court. Sometimes there is quite a bit of contention between the prosecutor and the police about court appearances because whoever doesn't show screws up the works. Around here the prosecutor and the cops work together pretty well and a dismissed case is a rarity. The judge gets irritated as well when somebody drops the ball and the cops/prosecutor don't want to get on the bad side of the judge. A very large percentage of the local cases here end with a deal so the judge is pretty suspicious of somebody trying to delay things. They'll give you one continuence and then the hammer drops. The dame that hit me got one continuence and tried for another and for not having insurance got her car forfeited, did jail time, and a long license suspension. She had been offered a deal and could have paid a fine and restitution and had a short suspension. She decided to try to play the system and it backfired. I got screwed out of my deductible because I'd have had to drag her to small claims court.

Finally--continuAnce. Engineers need to learn how to spell around here.

LOL

93DevilleUSMC
12-02-07, 01:46 AM
I served in the Navy for 10 years as an (AT); got out awhile ago.

Thanks for serving, sir. As you might have guessed, a lot of good friends of mine are former sailors.

dkozloski
12-02-07, 02:15 AM
You can always tell a marine but you can't tell him much.

93DevilleUSMC
12-02-07, 03:22 AM
You can always tell a marine but you can't tell him much.

Where do you come up with these?

Night Wolf
12-02-07, 04:14 AM
Anyone ever do 1 mph over the 35 limit on Rt.10 in Waldo (!) FL ? (Not me...my daughter in law briefed us before the fact...) There's a (private)billboard outside of town which says sort of "Welcome to Alachua County, home of Waldo, the biggest speed trap in the world".

Small towns in GA and SC are also noteworthy.......

oh heck yes, I live in a really small town completly surrounded by a bigger town, because there is a mall in this town, it gives them alot of money, and thus their own school system, fire dept and even police dept etc.... I've heard some stories from people that have lived here alot longer then I... trying to fight as ticket then getting slapped with 3 other tickets besides the origanal etc...

Heh, when I first moved here I wanted to see if anything on youtube menitoned this small town... well.... I found something.... it's pretty pathetic, I had to show the guys at work it too, cause its just messed up....

ntyQVy3yWIM

dkozloski
12-02-07, 04:53 AM
You can always tell a marine but you can't tell him much.
Some are original, some are plagiarized.

93DevilleUSMC
12-02-07, 04:59 AM
Some are original, some are plagiarized.

Damn, call the copyright office.