[joes325xi]

Well topaz has done it again ...(this is kinda long, skip to bottom for my question if you want).

Just came back from a belated Valentine's Day dinner last night with the girlfriend and another couple in the back, and i got pulled over doing 48 in a 30.

It was about 10pm in Finger Lakes, NY (skaneateles). I pull over, hand him my license and a Nassau County Detective's Association card underneath it (my girldfriend's father). He looks at the card, and tells me i "accidentally" gave it to him, and gives it right back! what a pr!ck. Then he asks me why i have MD plates on my car - i tell him we are all med students and it's my dad's car. Then he asks me what we were doing there - i told him we were all out for a belated Valentine's dinner since we were all working late at the hospital on thursday night (hoping to get some sympathy/professional courtesy). Clearly he wasn't all too fond of my 24 year old butt driving a bmw (although a sub-$30,000 bimmer isn't exactly a ridiculous ride), nor the MD plates, nor the fact that i am from brooklyn/nyc and upstate people don't like people from the city, nor the fact that i "expected" to get out of it with my girlfriend's dad's detectives association card.

Anyway, my question is, when i go to court to fight the ticket, exactly what is the process? Do i just talk to the judge and tell him the cop was wrong, or does he just sort of say he'll knock it down to a lower charge. Is the officer going to be there to argue against me? If so, should i postpone the court-date to another date, hoping that cop won't show on the other day? What about looking into if he had a permit to operate a laser/radar gun on that road (all things i've heard before, but don't really know how valid they are in court :dunno: ). From what i've heard from friends here, the judge will basically make me pay whatever amount the fine is, but change the charge (hopefully) to a non-moving violation so that i don't get points on my license - but i'm not sure how accurate this is either. Anyway, any help would be greatly appreciated.

 

[Plaz]

See: nolo.com traffic ticket info

 

[joes325xi]

Thanks Plaz330i, the site was alright - didn't really give any specifics on what to say during trial and what not. Any ideas on what to say if the cop gets up there and testifies against me? I can't just call him a liar and expect the judge to side with me.
I guess i'll just show up and try to win the judge over with my charm - if all else fails, i'll beg.

btw: congrats on finally getting your car :thumb:

 

[Plaz]

Thanks Plaz330i, the site was alright - didn't really give any specifics on what to say during trial and what not. Any ideas on what to say if the cop gets up there and testifies against me? I can't just call him a liar and expect the judge to side with me.
I guess i'll just show up and try to win the judge over with my charm - if all else fails, i'll beg.
btw: congrats on finally getting your car :thumb:

Still got a couple more days' wait...

I don't know about the court scene... I haven't had a ticket in about ten years, and have never fought one. I just had seen the nolo site and thought it might contain some useful info for you.

Good luck!

 

[PA330i]

Your best bet is to get an attorney. If you don't want to do that, you should talk to the district attorney. He/she might very well reduce the charges if you are polite and can show that you have a clean record. The judge is not likely to help you out much. IMO, you definately don't want to waste time checking for permits, etc. It's a traffic ticket, not a felony...no need to search for loopholes. "Beating" a speeding ticket is all about getting the charge reduced or dropped before the case goes before the judge, and this is often easier than people think...the DA is the person to see. Good luck, and if you need more advice try searching the archives at .org; this topic has been discussed several times there with some good replies.

 

[johnlew]

Sorry, but were you going almost 20mph over in a 30 zone? If so, just pay the ticket and move on...you earned it. If not, lay out the facts and any supporting evidence to the judge and let the chips fall where they may. Sorry for my lack of sympathy if you are in fact guilty, I walk my dog regularly on a 30 mph street and am quite fed up with the speeders endangering my life and his.

 

[ayn]

if you really absolutely can't get a ticket, and if you can't do defensive driving school to get rid of it in your driving record, then get a traffic lawyer. if you're a med student, I don't think you will have to time prepare everything to defend yourself. You would need to go back and take pictures and draw diagrams on how you think his radar was inaccurate because of stuff like reflection from road signs and stuff... if you don't make a case you can only hope that the officer won't show up, or if he showed up he didn't remember enough details.

The fact that you had MD plates, gave him your whatever association card, driving bimmer, living in the city, talk about v-day and med school, probably would increase the probability that he would remember everything... next time when u get pulled over when doing 48 on 30 (that's quite a bit man!), don't do anything like that, you want the cop to NOT remember you.

good luck, and getting a traffic lawyer is a good idea.

--Andrew

 

[joes325xi]

Thanks for the help guys, if not for the lack of sympathy (in truth, i was probably exceeding the speed limit, but only by 8-10mph).

People i've spoken with seem to say that everyone who goes to trial automatically gets the charge reduced - but i don't seem to think this will be the case in a small town where i'm sure the judge will know the cop, and my aforementioned "outsider rich-boy" status. I'll talk to the DA and see if he's willing to lower the charges to a non-moving violation so insurance etc. doesn't suffer. It's my first ticket in 4 years (on a road trip in north carolina), and my first ny ticket in 6 years, so a lawyer is probably overkill. I'd just hate to walk into a courtroom and get up there, stammer some BS, and still get shafted cuz i didn't know what to do :dunno: . Thanks for the help.

oh: do you think that requesting the officer's deposition (what he writes on the ticket) and checking to see if he's been fully trained for use with the radar detector will just get everyone more mad at me, and therefore more determined to "get me"? I know i'm overthinking this, but i guess i do that with everything (except microbiology - :thumbdwn: ).

 

[PA330i]

oh: do you think that requesting the officer's deposition (what he writes on the ticket) and checking to see if he's been fully trained for use with the radar detector will just get everyone more mad at me, and therefore more determined to "get me"? I know i'm overthinking this, but i guess i do that with everything (except microbiology - :thumbdwn: ).

I think that would be the best way to insure you get slapped with the maximum penalty possible. The cop would definately resent such steps on your behalf, and the court would likely frown on your actions as well. Think how you'd react if the situation was reversed. Honestly, as I said earlier, a lawyer is often much cheaper and easier in the long run.