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  #11 (permalink)  
Old 09-20-2007, 11:00 AM
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But stekim, WHERE was Mark speeding? See my point? It's like getting a ticket for failing to stop at a stop sign, but it was a yield sign instead.
57 was speeding no matter where he was. On the location, it's likely they go with the cop!
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  #12 (permalink)  
Old 09-20-2007, 11:07 AM
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Default A big but.

But, if he said Mark was going 57 at the first 45 mph sign or 57 in the 55 zone, we would not be contesting it.

They will have to show the 35 mph zone just as it says on the ticket. They can't do that.
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Old 09-20-2007, 12:36 PM
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First, it's just a speeding ticket. Unless the fine would cause financial stress or this is the ticket that will put him over the top to getting his license suspended, IMO it's not worth going to extraordinary lengths to fight.

That said, Rebellion is right. I've contested two traffic tickets in my life. It never got to the point of having to prove anything in court, because the city or town or whatever usually doesn't want to waste the time and lawyer hours. I showed up, and they immediately offered to cut the fine to something reasonable and the charge to something that wouldn't affect my license.

Of course, small towns may well work differently.
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Old 09-20-2007, 12:46 PM
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Default Made for the western pools - silly fools!

Quote:
Originally Posted by raytri";p=&quot View Post
First, it's just a speeding ticket. Unless the fine would cause financial stress or this is the ticket that will put him over the top to getting his license suspended, IMO it's not worth going to extraordinary lengths to fight.
That's what they're counting on, IMO. Most people cannot afford to fight a ticket even if they're innocent. I think the cop recognized Mark's vehicle as an out-of-towner and decided to give him a ticket. That ticket would remain on Marks' record for a very long time and his license will get more expensive as well as insurance. If we let this one go, what about the one where he actually is guilty? No one is perfect (even my kid).

I talked to my judge friend again and he says it's either guilty of not guilty, that they won't reduce the charge or something else. Of course, I'm intimidated (scared to death), they count on that too. I'm very curious though. Will they lie under oath? How will they prove the charge when they cannot prove the speed limit? They cannot change the charge at this point. The right to due process requires them to make Mark aware of the charge against him. That's 57 in a 35 zone. If they tried to change it to 57 in a 45 or 30 - automatic dismissal or we'll win on appeal. The law appears to be very clear on that.

You know, if I thought they were going to be fair and honest, I would not be nervous at all. I expect them to be corrupt though and that's scary and sad.
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Old 09-20-2007, 01:00 PM
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Quote:
Originally Posted by The12thMan";p=&quot View Post
I talked to my judge friend again and he says it's either guilty of not guilty, that they won't reduce the charge or something else.
Was he talking in general, or this town in particular? Because my experience was different. They plea-bargained if you simply showed up to fight it.

Quote:
Of course, I'm intimidated (scared to death),
Why? Worst case, you have to pay the ticket as written -- plus court costs, but you should be talking about a few hundred dollars at the most there.

Quote:
You know, if I thought they were going to be fair and honest, I would not be nervous at all. I expect them to be corrupt though and that's scary and sad.
Again, worst case scenario isn't all that bad, unless I'm missing something. Consider it an educational experience -- or research for a book.
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Old 09-20-2007, 01:12 PM
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I talked to my judge friend again and he says it's either guilty of not guilty, that they won't reduce the charge or something else.
Most places do reduce the fine and agree to no points, even if the actual plea is guilty. But it's certainly possible they don't there.

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I'm very curious though. Will they lie under oath?
Quick answer: HELL YES. Cops lie under oath every day. Especially when they can't reasonably be caught in the lie. I was tried once and the cop didn't lie. The judge was so shocked he actually said something about it in open court!

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How will they prove the charge when they cannot prove the speed limit?
They don't need to! The cop will tell the court what the speed limit was. They will very, very likely believe him. Done. How can a cop prove he saw you do anything in the absence of hard evidence? He can't. It's his word against yours. And the cop wins that one 99% of the time in court. He says it's 35, it's 35.

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You know, if I thought they were going to be fair and honest, I would not be nervous at all. I expect them to be corrupt though and that's scary and sad.
Indeed. But it's also true. You may get lucky and they will be fair and honest. But I wouldn't count on it.

No offense, but I think you are blowing a speeding ticket way out of proportion!
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Old 09-20-2007, 01:19 PM
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Originally Posted by The12thMan";p=&quot View Post
But stekim, WHERE was Mark speeding? See my point? It's like getting a ticket for failing to stop at a stop sign, but it was a yield sign instead.

I have a friend who is a judge here. He doesn't know how they do things up there or if that judge is corrupt. He advised pleading not guilty and going with a jury trial.
tell your son to ask the officer to see the gun showing the speed. Many times they don't actually clock them but guess. And in instances where they clock someone they sometimes don't keep it on the gun. If you ask and he can't show you and a judge hears that? Chances are great he dismisses.
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Old 09-20-2007, 02:04 PM
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Quote:
Originally Posted by stekim";p=&quot View Post
Quote:
How will they prove the charge when they cannot prove the speed limit?
They don't need to! The cop will tell the court what the speed limit was. They will very, very likely believe him. Done. How can a cop prove he saw you do anything in the absence of hard evidence? He can't. It's his word against yours. And the cop wins that one 99% of the time in court. He says it's 35, it's 35.
The way I see it. We ask the cop to show the point where he clocked the speed on a map. Then we give him the pictures of the area and ask him to point it out. The speed limit signs show in the pictures. The question is how far THEY are going to blow a speeding ticket out of proportion. If he knows what is coming, he's liable to lie about everything. If he says he was in the restaurant parking lot, it shows in the pictures. It doesn't come down to simply his word against Mark's.
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  #19 (permalink)  
Old 09-20-2007, 02:56 PM
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The way I see it. We ask the cop to show the point where he clocked the speed on a map. Then we give him the pictures of the area and ask him to point it out. The speed limit signs show in the pictures. The question is how far THEY are going to blow a speeding ticket out of proportion. If he knows what is coming, he's liable to lie about everything. If he says he was in the restaurant parking lot, it shows in the pictures. It doesn't come down to simply his word against Mark's.
Best of luck to you. I've been there for a far more serious matter and it worked out. Hopefully, he won't even show up. There's actually a good chance of that. It is just a speeding ticket. But I don't think the 35 versus 45 will matter here (although I'm not a lawyer). Speeding is a civil infraction, not a crime. So in most places the charge is simply "speeding". He has the gun saying 57. It won't matter if it's in a 35 or 45 zone in terms of guilt. The fine and points may be affected, but not the case itself. If he was speeding he was speeding (again, in most places). The ticket saying 35 or 45 won't matter. It's the 57 that will. Rebellion is dead on again. Focus on the gun. That's the way out.
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Old 09-20-2007, 03:12 PM
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Default Voila!

I don't dispute what y'all are saying. It certainly depends on what they might offer. I've been googling a lot.

A woman is found guilty of passing on the right. All the evidence shows that she did in fact, pass on the right, breaking a specific law. HOWEVER, on the citation, the cop wrote left when he meant to write right. She won on appeal. The ticket was thrown out because the evidence was at variance with the citation.

IF they prove that Mark was going 57 in a 30 or 45, it is a fatal variance from the citation. They can ask Mark to plead guilty to such and that would count. BUT, they cannot change the charge.
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