Originally Posted by Red__Zed Well it appears MD got one thing right. Everything else is wrong, but that's right. And every traffic court case I've sat through, I've never seen
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02-01-2011, 12:30 PM | #31 (permalink) | |
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And every traffic court case I've sat through, I've never seen the judge order the defendent to pay anything more than the cost of the ticket. They usually decrease the ticket cost by court costs and order you to pay it. Again, I haven't been to court in the last 6-7 yrs, so that may have changed. |
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02-01-2011, 01:30 PM | #33 (permalink) |
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In Florida you can elect to go to traffic school and get no points. You can do it once every 12 months up to a maximum of 5 times in your life.
If you fight it you better hope that the cop doesn't show or there is a problem with the laser/radar gun documentation. Not many cases are getting dismissed these days, they want your money!
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02-01-2011, 01:43 PM | #34 (permalink) |
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Why don't you just phone your insurer and ask the simple question: " I got a 9mph over speedlimit ticket...will this affect my insurance? " Make the phonecall.. you won't go to jail for making a phone call and asking someone who will give you the right answer instead of asking us on a msg board who will give you opinions or our own life stories.
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02-01-2011, 01:43 PM | #35 (permalink) |
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I got two tickets. one was 73 in a 55 and the other was 90 in a 70. Neither one made my insurace go up. The first was $93 and the second $277
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02-01-2011, 02:37 PM | #36 (permalink) |
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Locally the cop writes what the actual offense is in a small box next to the official offense. So there is no way of trying to insist that one was not speeding, did not run the stop sign, etc. The judge knows that the cop already gave you a break.
A 9 over ticket is really just an income generator. Showing up can help in some cases. My son was successful in getting a ticket reduced by going to court, being polite, and dressing nice. The judge had him have a conference with the cop, and he agreed to reduce it. Personally, if I'm speeding then I'd pay the ticket.
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02-01-2011, 03:09 PM | #37 (permalink) | |
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02-01-2011, 03:28 PM | #38 (permalink) | |
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one time i got a parking ticket and the meter maid had written down the wrong car color and the ticket got dismissed. |
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02-01-2011, 03:43 PM | #39 (permalink) | |
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sarcasm post fails at sarcasm posting. my input is, just pre-pay it or ask for traffic school when you go to court. Either way I doubt it will be dismissed. Sorry bro. Last edited by spitfire9200; 02-01-2011 at 03:47 PM. |
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02-01-2011, 03:53 PM | #40 (permalink) |
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If you take the class it won't count points towards your insurance. I don't think you can fight it, I went one time to fight a ticket and saw one after another say all kinds of stuff to get out of it and none of them worked. I got a radar detector and keep my eyes open. I go 10mph over usually and so do many cops. But I have noticed that when I'm in my Z the cops tend to radar it more than when I'm in my truck.
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02-01-2011, 03:55 PM | #41 (permalink) | |
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02-01-2011, 04:00 PM | #44 (permalink) | |
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02-01-2011, 04:01 PM | #45 (permalink) |
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I didn't read all the replies but I'll give you my first-hand expert advice. I have gone through the courts, faught a few speeding tickets and won every time. Here's the deal.
If you admitted/acknowledged to speeding in any way during your traffic stop then do not attempt any of what I'm about to write as you will most likely be exposed by dashboard audio/video or notes taken by the office who ticketed you. They just want their $. If you make the court work, AKA trial, subpoena etc.. they will plea you down to a no-pointer. From what you've stated, you could go a few ways with your arguement. But if you were going more than the written 9mph over and the cop was cutting you a break, you may be opening up a hornets nest. If you want to go to court and fight it, you need to start by submitting your not guilty plea CERTIFIED MAIL - SIGNATURE REQUIRED. And then subpoena the court for documentation necessary to present your case. This is where you can ask for information on the officer that ticketed you, the method that he captured your speed, and also his training for using that equipment as well as the maintenance/calibration records for that device. You could certainly roll-up the innacuracies that he made on your written ticket into a good credibility case but I think the mistakes alone will not get your ticket dismissed. EVERYTHING you ask for will be in writing, certified mail, signature required. Keep everything documented and have these ready for your court date. Here is what will most likely happen: You will never receive any response from your "discovery subpoena". i.e. NO MATERIALS to base your case on... Except your receipts that the court received and IGNORED your requests. You will arrive at court, meet with the prosecutor who will try and convince you that you are not going to win. After you show him that you've subpoena'd the court and they have failed to respond, they will try and postpone your court appearance (regardless of the ticketing officer is there or not). Stand firm and state that you have done everything that you could have done to prepare for this case and that the courts have FAILED. NEVER admit to anything. Stand firm and wait for your plea deal to be offered. This will most likely be a "delay/obstruction of traffic" charge. This is no points but a decent fee. It will remain on your record for 3yrs. I don't have specific details of this charge but it basically stays on your record for 3yrs and if you get any other points then this offense will come back to life and burn your ***. If you keep your record clean, after 3yrs, it's all gone. If you're prepared to invest some of your personal time and money to fight this, you will win. It's not that hard. Me personally, I would much rather keep my record clean than accept a ticket with points, so it was well worth it. I've successfully faught and won 2 cases that I took to trial and they have all gone exactly how I explained. My tickets were 98 in a 55, and 88 in a 65 zone. Good luck! |
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