Traffic Court WTD? Updated post #35

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64conv65hard

64conv65hard

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I've got to go to traffic court this week for a ticket I got and I'm looking for some suggestions on which way to argue this case. Here in MD you usually have 3 pleas, guilty, innocent or guilty with an explanation. The ticket is for going 67 in a 55 and here's what happened; On interstate 270 the speed limit is 55, there are 4 main lane and 2 local lanes (all going north with the same setup going south). I was coming home from work in lane #2 (second from left) and a cop is merging out from the local lanes into the 4 main lanes. Everybody slows to let him proceed to lane #1 (far left lane) and he sets the pace (between 70-75). Everyone (10-15 cars) is now following him for about 6 miles. My exit is coming up so I move to lane #3 keeping an eye on the cop making sure to stay behind him. Now the exit I get off has a police station so i'm thinking this cop will be getting off too and sure enough he moves from lane #1 into lane #2. (at this part of the highway there are no more local lanes, just 4 main lanes). Anyway, I now proceed to lane 4 (far right lane) and the cop moves into lane 3 (he's still in front of me by about 5 car lengths) Traffic is starting to close up (notorious choke point at this section of the highway) and when the cop went into lane 3 the car in front of him started to slow down (I'm guessing because he saw the cop behind him) and traffic is running about 60 mph. Well with this all happening the cop now cuts right in front of me and I have to hit my brakes to avoid being hit by him. I hit my horn and the cop now looks in his rear view mirror and sees me, he then proceeds to pull onto the right shoulder and I pass him. He pulls back out onto the road behind me and turns on his lights. I look at my speedometer and I'm going 55. I pull over and tells me he is pulling me over for speeding and I say I was behind him for 6 miles and he was setting the pace for traffic. He then says he was clocking me which he can do being the front car. So now I have a ticket for going 67 in a 55. Now to the court room. I can plead Guilty with an explanation and tell the story of how the cop set the pace for traffic for 6 miles and was just keeping up with the flow of traffic. I can try Pleading Not guilty for the same reason and I am allowed to ask the cop questions so even if i do get him to admit he was speeding, I'm basically saying the same thing, that I too was speeding, so am "not guilty"? Like I said in the beginning, looking for input on which way to plead and how to argue it. BTW, Haven't had a ticket for over 5 years so my record is good.
 
If you were doing 56 or more in a 55 zone, your guilty, period. It does not matter if the cop was doing 100mph, he is exempt from speeding laws. If you are going to loose your drivers license because of this, you should hire a lawyer.
 
69MOPE said:
If you were doing 56 or more in a 55 zone, your guilty, period. It does not matter if the cop was doing 100mph, he is exempt from speeding laws. If you are going to loose your drivers license because of this, you should hire a lawyer.
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What he said minus the cop speeding part. Unless the car has the lights flashing he himself is violating the law. That said good luck proving it. Unless you have speed detecting equipment (i.e. Radar gun) and video evidence, it not going to happen. I believe dateline did a special on this in October of 2013.
 
Thats just BS retaliatation for you honking at him. Everybody cruses 65+ on that road both ways and cops always cruse 70+. Betcha ya won`t honk at a Pi...I mean cop again:eek:ops:
I set my cruise control on 65 and stay in 3rd lane, from slow lane to fast, and have never been bothered.
 
Do "they" have you on film? You are screwed.

Without witnesses, "crying" about what the cop did just makes the judge think you are being an ***.

'S why you need to buy a "dash cam" Around here, you better be less than 5 over, or you WILL get a ticket unless you're blond and "hot."
 
with you not having had a ticket in 5 years I would see what the options are on taking the ticket (as in not fighting it) and then seeing if they will let you take a "drivers responsibility course" or what ever they call it in your state

I had that happen to me once where I was guilty as sin (not only of speeding and doing wheelies on my dirtbike on the city street but also of being dumb enough not to look over my shoulder to be sure the care behind me wasn't a clearly marked cruiser...which it was)

I hadn't had any tickets in a while and no points on my license
when I got the ticket in the mail it came with the "option" of enrolling in a one time course, which I could elect to pay a fee (think it was 80 dollars) and take the course online.
after the course there was an online exam and if I passed that no point would be added to my license

in this case I ended up paying the ticket, and the fee but not getting hit with the points and the higher insurance rates
 
That's what you get for blowing your horn at the law...Good luck fighting the ticket but remember the saying "I fought the law and the law won!":mumum::blob:
 
Or you could just tell them you know damn well you were not speeding (you were behind a cop for miles), and when he didn't see you and cut you off you honked your horn and he pulled in behind you instantly lighting you up. (Retaliation)

Not guilty and don't budge from it an inch.

Ask the cop if he was speeding, and if he says no then ask him how you could have been if you were behind him for miles.
If he says yes then ask him why he almost ran you out of your lane. (was it on purpose?)
When he says no, then it must have been on accident because he didn't even know you were there, so how could he have been clocking you.

Got him. :)
 
IMO he's gotcha. It's like clockwork in front of the judge. They have their court routine perfected. You may have an argument that may or may not reduce the fine but you were speeding and you have already admitted to it.
Don't know if you can ask for court supervision there. It was and or still is available in IL as I was once a participant. I had to do the class (not online) which cost MORE than the ticket plus I had to go a year (which I did) without another mover. The good thing was the ticket did not go on record.
 
Pay the ticket and shut up.
 
Know the area all to well. He definitely pulled you over for blowing your horn and knows he is wearing big girl hometown hero public safety panties and you just have on regular grammas. Would go to court, plead not guilty and state the facts including him cutting in front of you and reason you hit that 100% of vehicle mandated essential safety device(aka horn) .Let him produce evidence of your speed. Sounds like a wannabe hero was having a bad day. Chances are slim for you but at least make him work as he will be paid regardless if you show or not.

Oldschoolcuda
 
Find out if he's able to pace being in front. I doubt it. Just about every department in the nation has dash cams.

I had one jackhole say he bumper paced me, then marked the ticket radar.

Trailbeast has a decent approach if you decide to challenge the ticket. Got any attorney friends, that sometimes helps a ton with the DA folks.

Next time, don't honk! Let them hit you = $$$$$$$$$$$. LOL
 
TrailBeast said:
You sound like my Brother when you do that. :-D
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Sorry, I have to laugh when you said that. it sounded like My brother too, he was A Maricopa county deputy for 30 years. Passed away now, at only 63 years. But some humor, my goofy sister works for the State of Arizona, and was heading to an office in Eastern Arizona from Phoenix. She got tagged for 75 in a 60. She was torqued off, and asked my brother how they could prove that in the mountains? John asked her what defense did she use in the court? Virginia said: My radar detector didn't go off, so he couldn't have seen her speeding! DUH,Guilty. They are illegal there! never said she was smart.LoL
 
Check out this link. It has a bunch of good advice, and basically tells you exactly what to expect should you take this to trial.
[ame]http://www.vmaxoutlaw.com/tech/speeding.PDF[/ame]
 
I'm a fellow Marylander who works in mont county where I think you got that ticket. I would ask him how he could of paced you on the 270 speedway for that distance without another car in between. and why he didn't use his radar? was it calibrated recently. I was hit in jan. and went to the Rockville courthouse and they let almost everybody off ,they didn't take in enough money to pay the judge and staff ,and the court room had standing room only . and yes I was the next to last case!
 
Get a lawyer.

There are "ticket defense" lawyers that LOVE this kind of case.
 
YY1 said:
Get a lawyer.

There are "ticket defense" lawyers that LOVE this kind of case.
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This is one area where "truth justice and the American way" must be balanced against finances.

It could easily cost you 1-2 grand to defend this. If the fine and insurance rates, points on your record are far less, might be cheaper "not."
 
ok I've been to traffic court here in MD and in VA and I'm gonna tell you something. if you don't listen to anything else please heed this.

whatever you do, do NOT speak disparagingly about the police officer in court. as soon as you do that the judge will give you full fine full points or even more.

I saw a guy one day in court he was getting angrier and angrier because the judge wouldn't accept his explanation. he says "well that cop is just a fukkin ashole."

judge's gavel came down boom he says "double fine double points get out of my courtroom or i'll have you locked up."

guy started to talk and the baliff was in his face lol. herded him out before he said something and got in trouble

the judges highly respect police for the job they do.

your best bet is just to say "I was goin along with the flow of traffic watching the cars more than looking at my speedometer"
 
First of all no lawyer. Having 30 plus years as a state trooper I would say your officer has some issues but would suggest the following.

I would guess your state issues points for different violations, here that's a 4 point violation since you were more than 10 MPH over the limit. I would go in and ask the DA or city attorney or whomever is representing the city or state for a plea bargain.

I would first ask for a deferred sentence, in other words no tickets for 6 months or a year and the ticket goes away. Only problem is you get any moving violation and you are guilty of your original ticket.

If they won't go for that try for a reduced speed of no more than 9 miles over the posted limit. This is usually dropped down into the next less serious fine bracket and fewer points.

The ideal situation without fighting the charge, if you were in an A body of 40 or so, everyone knows the speedometers are off so see if they will let you plead guilty to defective vehicle, usually a 2 pointer and not a moving violation.

My .02 worth.
 
RustyRatRod said:
Pay the ticket and shut up.
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Worst idea suggested.

Fight every single chicken **** ticket! If everyone fought these idiotic speeding tickets it would become financially unviable to have these bogus laws (might I add speed limits outside of residential are set something like 20% below the estimated safe speed for the road)

Good luck OP maybe you'll get lucky. I got off on my last ticket(busted by lidar safely doing 10mph over) because of a technicality and an outdated road survey
 
I would consider how many times I broke the speed limit and got away with it,,

vs. how many times I got busted,,

sure it sucks,, but averaged out, you're prob waayyy ahead..

hope it helps..
 
If you choose to fight the ticket bring lube, you're going to need it.
 
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