: Speeding Ticket - Lawyers chime in



V Amazed
08-13-06, 08:11 PM
So, I'm driving on I35 to kansas and get pulled over. Paced for 103 in a 70. This is no bueno. Emporia Kansas by a state trooper. The weird thing is, he never had me sign the ticket. Do you think this will qualify to get me out of the ticket?

Any lawyers please chime in, or general advice would be much appreciated.

Ben

CIWS
08-13-06, 08:25 PM
Man a lot of V tickets here this last week....

KTSwanson
08-13-06, 08:33 PM
Maybe Admins want to create a new "sticky": "Report all Ticket Problems..."...sounds like it would grow even faster than the "Report all Diff Problems".

crowan
08-13-06, 09:12 PM
So, I'm driving on I35 to kansas and get pulled over. Paced for 103 in a 70. This is no bueno. Emporia Kansas by a state trooper. The weird thing is, he never had me sign the ticket. Do you think this will qualify to get me out of the ticket?

Any lawyers please chime in, or general advice would be much appreciated.

Ben

No such luck. Signing is merely your acknowledgement of receipt of the ticket. If you were to ignore the ticket, and later claim that you were not the driver who received it, the officer's testimony and your driver's license and tag numbers on the ticket would probably net you a perjury charge to go along with the ticket. On the other hand, if you go to court to fight the ticket, you have admitted receipt of it.

Signing is just an administrative act, but it was a reasonable question/strategy to consider.

JonCR96Z
08-13-06, 09:30 PM
You should be getting some letters in the mail from lawyers. Just call a couple and see what they say about it. Laws are very different from state to state, county to county for that matter.

I recently got an 84 in a 55 ticket. Had I not have been in the Yukon, they might not have seen me again. Anyway, anything below 80 is eligible for Improper Equipment, which I use often and I was wanting to this time. So that worried me a little as I was already skating on thin ice at work about my driving record. Long story short, I got it reduced to a 64 in a 55. Which is 1 point on my license but nothing on my insurance. Maybe you'll get something similar.

On a side note I had a friend who got a 105 in a 65. Lost his license for a month. Had another friend who has racing down the highway over 100mph. Lost his license for a year, but he was given one of those drive to work notes. It said he would drive 24 hours a day with no geographical limitations:wtf:. Makes you wonder why they even took his license. So, Good Luck.

DILLIGAF
08-13-06, 10:43 PM
Many troopers won't ask you to sign the ticket in Kansas.You have nothing to fight in court here,no radar was used,no plane involved,your screwed basically.People in here will say to fight,maybe trooper won't show,BS in KS,if the trooper can't be there they will find a time when he can be there.Whats the fine amount,or is there a court appearance only on the ticket?Going over 100 in KS isn't the big no no it is in other states.You might end up in traffic school with a misdemeaner on your record and a lighter wallet.Our troopers are class acts in KS and the judges know it.Your not getting out of anything here.sorry

DILLIGAF
08-13-06, 10:51 PM
Do you mean 35,you were on the tollroad between Emp and Top?I was on the same road twice saturday,saw 140ish a few times.Luck of the draw.

V Amazed
08-14-06, 01:13 AM
Do you mean 35,you were on the tollroad between Emp and Top?I was on the same road twice saturday,saw 140ish a few times.Luck of the draw.

Yep thats the exact location. I do the drive like 6 times a year or so, and this is the very first time i've been nailed. I tend to get upwards to 140 sometimes as well becasue its so straight and usually not too much traffic. The ticket was marked as an infraction btw. I just don't want it on my insurance, or my driving record. Any thoughts?

Ben

heavymetals
08-14-06, 03:02 AM
Kansas SUCKS pond water.

My kid got nailed twice (speeding) and the judge that gave him a ration of it got nailed for a DUI and got a slap on the wrist:rant2:

I told him to stay out of Kansas (he is stationed in Nebraska);

Anyway, the traffic citation "business" in Kansas is countered by a legal (lawyer) service, called ( I think) " Traffic Centers" or something like that.
I will post a link if I can find it again.

Fight Kansas Traffic Tickets with TixNix. Get Free Advice! (http://www.tixnix.com/ticket/ks-kansas/speeding-traffic-ticket.cfm)

My friend in Missouri who lived in Kansas and is a lawyer/doctor reccomends using these for representation. You can even get a quote online what the whole thing is gonna cost you.:thumbsup:

Chef
08-14-06, 09:25 AM
When I was 16 I used to work at an auto air conditioning shop. They also did mufflers, etc. etc.

My point is that we also did "speedometer cables" and every time one of the owners friends would get a ticket they would blame it on a faulty speedometer cable and it worked. They did the proper paper work and put the car up on the rollers etc. etc. and they were overturned every time due to a "mechanical issue" with the cable.

Food for thought?

thebigjimsho
08-14-06, 10:02 AM
Many troopers won't ask you to sign the ticket in Kansas.You have nothing to fight in court here,no radar was used,no plane involved,your screwed basically.People in here will say to fight,maybe trooper won't show,BS in KS,if the trooper can't be there they will find a time when he can be there.Whats the fine amount,or is there a court appearance only on the ticket?Going over 100 in KS isn't the big no no it is in other states.You might end up in traffic school with a misdemeaner on your record and a lighter wallet.Our troopers are class acts in KS and the judges know it.Your not getting out of anything here.sorryWithout speed measuring devices, I'd say depending on the memory and competency of the Trooper, you may have a better chance of winning in court if you decide to go that far. And if you go to a scheduled court time and the Trooper fails to show, OBJECT OBJECT OBJECT! You are in a court of law! The prosecution is dependant on the "expert witness" which is the Trooper. If he is not there, they have not presented the case and wasted the time of the court.

If this happens, the judge can be a jerk and deny your objections. If that were me at this point, that's a feather in my cap for the next round for the whole case to be dismissed.

Just have this thought in mind: Traffic court is still held in a court of law. If there was a case that involved theft or abduction or murder, the District Attorney would make damn sure that all his i's were dotted and t's crossed. If they decided to just ignore the case, the judge would have to dismiss. If they walked in at the last second asking for a continuance they probably would get it, especially when dealing with the severity of these cases. BUT, the judge would give the DA a good ass reaming. Don't let the courts jerk you around because you're a small time case. Innocent until proven guilty should ring true everywhere.

thebigjimsho
08-14-06, 10:05 AM
Oh yeah, your best defense...


National Motorists Association (http://www.motorists.org)

DILLIGAF
08-14-06, 12:45 PM
Here in KS,troopers do not need any evidence other than stating-you were in excess of posted speed=ticket you won't get out of.KS troopers are certified by observing speed by sight,they watch a car going by and have to know within a couple mph how fast you were going.This trooper will have all his court dates on the same day so he can be there,guaranteed!IMO,this guy has already cut you some slack here.He could of slapped you with wreckless driving and didn't.
Jim,I hear you on this but,,,,,,,This is KS,my sister's a lawyer,my brother in law's a lawyer,my mom's a mediator,if this guy fights this all he going to accomplish is pissing a judge off and a state trooper that knows every sheriff who patrols around the campus.I'll bet you on this

DILLIGAF
08-14-06, 12:47 PM
Here in KS,troopers do not need any evidence other than stating-you were in excess of posted speed=ticket you won't get out of.KS troopers are certified by observing speed by sight,they watch a car going by and have to know within a couple mph how fast you were going.This trooper will have all his court dates on the same day so he can be there,guaranteed!IMO,this guy has already cut you some slack here.He could of slapped you with wreckless driving and didn't.
Jim,I hear you on this but,,,,,,,This is KS,my sister's a lawyer,my brother in law's a lawyer,my mom's a mediator,if this guy fights this all he going to accomplish is pissing a judge off and a state trooper that knows every sheriff who patrols around the campus.I'll bet you on this
And give me some points while your at it.

thebigjimsho
08-14-06, 12:53 PM
So you're very familiar with the judicial system. But you can agree that if the officer isn't mentally prepared, you can go in there and really confound him with aggressive questioning. If he doesn't have everything prepared, you can pepper him with questions shaped to your defense. And as a the defense, you are allowed to refuse to testify.

Obviously, you're at the mercy of a judge who may not want to be fair, which I could see happening fairly often in more rural areas where everyone knows each other. Sometimes I'm glad i live in wild, wacky, liberal Massachusetts where the law is usually followed pretty tightly even though it's far from perfect even here.

And it seems no matter where you are, the courts would love nothing more than to presume all speeders as criminals until proven innocent. Thank goodness I know better.

5 years and 4 consecutive tickets dismissed. My record looks gooooood!

V Amazed
08-14-06, 01:13 PM
thanks for the advice guys. looks like i'm just going to have to bite the bullet on this one. I just really didn't want to have anything saying 103 in a 70 on my record. I guess driving school is out of hte quesiton?

Ben

cadillacsts
08-14-06, 01:21 PM
my dads a lawyer, and my uncle, if you take it to court and they don't show....you automatically win!! that's it done deal. it's worth a try. even if you take it to court most cops will reduce it before it even gets there i got a ticket for 75 in a 35, cop reduced it to 45 in a 35 on the spot and i still took it to court hoping he wouldn't show up, he showed up and then reduced it to impeding traffic ( i go from 40 over to impeding traffic, which means blocking traffic) no points on insurance, just had to pay an 80 dollar fine. Trust me it's worth a try, what do you have to lose, a little bit of your time??

Geno
08-14-06, 01:52 PM
Here's a silver lining. In some states (Virginia), if you were caught going in excess of 100 they'd send you to the poky until a bond hearing, then the usual measure of pain, reckless driving conviction, driving school, big fine, in some cases more time in the poky. I think we are the only state in the union where radar detectors are illegal (DC is not a state).

Of course if you are driving a skinny wheeled junked out car going 100, and have past convictions then they'll be more leniant with you as compared to driving a new high performance car, on a straight as an arrow road, early on Sunday morning , with no priors.

Hey, and I love pilice officers (many are relatives and friends), it's the state that is kind of screwed up (jurisdictional differences and some wacky state laws). Finally on the east coast, I do not condon excessive speeding as there are too many slow driving idiots to contend with....just my .02:)

v-ape
08-14-06, 01:56 PM
Just tell him you thought your V was still in Km/h not MPH from a recent trip to Canada.

Then 100 doesnt look so bad. Honest mistake.

CIWS
08-14-06, 02:08 PM
So the question comes to mind with all of these tickets this last week.
Of all of the people getting them, how many own Radar/Laser detectors, what brand, and had them working when they got their tickets ?... hmm ?

thebigjimsho
08-14-06, 02:54 PM
So the question comes to mind with all of these tickets this last week.
Of all of the people getting them, how many own Radar/Laser detectors, what brand, and had them working when they got their tickets ?... hmm ?Twice with laser and twice where I left the V1 in my personal car and forgot to put it in the work car. Now that I own my own work vehicle, I have 2 V1s. 1 permanently mounted in the V.

thebigjimsho
08-14-06, 02:55 PM
Just tell him you thought your V was still in Km/h not MPH from a recent trip to Canada.

Then 100 doesnt look so bad. Honest mistake.You can always switch your dash over and try to fool the officer. But I'm doubtful that would work so swimmingly.

6104696
08-14-06, 03:16 PM
My traffic lawyer advised me to get a speedometer calibration (in addition to driving school) in an effort to come up with some mitigating factors in disposing of my 87-in-a-55 ticket. In Fairfax county VA only a calbiration certificate from a county certified shop would work.

The calibration proved two things; 1) that the (my) CTS-V speedometer is VERY accurate with new tires, AND 2) that I can throw away $50 with a lot of style.

DILLIGAF
08-14-06, 04:27 PM
thanks for the advice guys. looks like i'm just going to have to bite the bullet on this one. I just really didn't want to have anything saying 103 in a 70 on my record. I guess driving school is out of hte quesiton?

Ben
Call a lawyer if you want to for piece of mind,my experience is your more likely to beat a dui in KS than a speeding ticket.You can go to court and apologize your ass off and who knows,maybe you'll get it lessened.This officer not showing up issue people are saying doesn't work here,tryed it.More than likely the officer has you and his speedometer on video,he might not need to be there anyway.Now to your record and ins,If you or somebody else on your policy doesn't file a claim,the ticket might not get noticed.I don't know if a KS ticket would transfer to a Texas license or not,I doubt it.You have some decisions to make,ask a couple grad students down there for some advise,theres no shortage of sleezy lawyers at KU.Even though your ticket fine will be huge,its not the end of your license.You'll just have slow down for awhile.