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The 318ti OBD-II engine...
10-19-2006 06:48 PM
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Old 07-19-2007, 03:20 PM   #1
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Default Speeding Ticket #3...Am I Screwed Now?

I feel like I should be a pro now since this is ticket #3 for me (first one to really wake me up and realize speeding is stupid, first two were only 9 over), but I really don't know what to do now.

Last night I got a ticket for 86 in a 55. 31 over. Reckless driving. It was on a highway (4 lanes in each direction) and I was an idiot and didn't realize the limit was only 55...I just assumed it would be at least 65, maybe 70. Either way I would still have been going too fast, but if I had known it was 55 I doubt I'd be pushing 90.

There were only a few cars on the road, maybe 3 or 4 tops, one of them being Mr. Police.

I wish I had a reason for this, but honestly I just wasn't paying attention to how fast I was going (too busy reaching for my directions to Starbucks I was supposed to meet some friends at) I knew I was going fast, but I thought I was only going around 80 or so, but I guess as I was reaching for my paper the speed crept up, and then that combined with the speed limit being lower than I thought, I am in a tough spot.

The officer told me if I showed up in court he'd help me out with the points and fine, but my sister told me a cop told her that he'd help her out with her underage drinking ticket, but didn't do anything.

Right now I don't know if I should go by myself to court and beg for forgiveness and some help with the points, or if hiring an attorney is the way to go.

I had a lawyer for my first ticket (15 over, reduced to 9), but I'm not sure if a lawyer would help since I already have two tickets and this one is MAJOR. At the same time, this one IS major, so maybe I need a lawyer even more then before.

I had just bought a radar detector too...it has been useful for the most part, but I can't expect it to help me when I come up behind a cop going 31 over.

Does anyone have any advice for me?
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Old 07-19-2007, 03:50 PM   #2
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Was the cop on the shoulder/median? I don't get how he tagged you if he was moving as well, can radar guns adjust for their vehicle speed and calculate the speed you're going? Then again I don't know if you can contest the speed you were going.

You could try pleading that you felt you were driving safely at that speed and were very aware of your surroundings to ensure the safety of other drivers. Then again with the previous citations and being young, we usually get the short end of the stick.

I haven't been pulled over so I can't tell you what'd be best to do in this sitaution. (knock on wood)
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Old 07-19-2007, 04:10 PM   #3
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3 tickets over how long of a span? In my State, if they were in a 12 month rolling window, you'd lose your license.

You may want to contact an attorney. With this one being a whopper and adding the charge of Reckless driving, it could easily show the court the court that you haven't learned any lessons from previous tickets/fines. You should also research if you can opt for driver's education in lieu of fines. I believe it may be an option in your state, and could show the court that you are serious about not repeting the infraction.
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Old 07-19-2007, 04:32 PM   #4
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Quote:
Originally Posted by larryn View Post
3 tickets over how long of a span? In my State, if they were in a 12 month rolling window, you'd lose your license.
Funny you mention that, my roommate was one strike away. He wouldn't go annyyywwwheerree in his 328is and if he did he was always going right on the speed limit, as if his foot had an auto cruise control to the speedlimit on that road.
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Old 07-19-2007, 11:58 PM   #5
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You may want to contact an attorney. With this one being a whopper and adding the charge of Reckless driving, it could easily show the court the court that you haven't learned any lessons from previous tickets/fines.. . .
+1

Reckless driving is a serious charge. It will definitely F your insurance and maybe job applications too. Your driving record makes you look like a 'habitual offender.' It wouldn't hurt your case to have professional representation, but it'll probably cost ~$500. Ask people you know in the area for a referral to a good attorney. He probably can't get you off, but he will probably have more luck getting it reduced than you would alone because he knows how to work the system, and it's more effective to have someone speak in court for you than to try to do it yourself when you are busy ****ting your pants. It's also less stressful.

Also, there may be some angles to be worked. Since the cop was not running a standard speed trap, he may not have had his sh!t together. Maybe radar works when it's moving, but maybe it's not as accurate as when stationary. . .and there's always the radar calibration issue that's been mentioned.

Did he pace you or use radar? If he paced you, when was the last time his car's speedo had been calibrated? Did he follow you for 1/4 mile or whatever the requirement is in SC? A good attorney will know all the questions to ask and which arguments will fly in court.

OTOH, maybe the cop will work with you, and you could get roughly the same deal an attorney would get you without spending $500, but don't wait until your court date to find out. I would talk to him soon so you still have time to get an attorney if the cop is just jerking you around. Some cops are a-holes; some are not. Don't wait until it's too late to find out about this guy.
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Old 07-19-2007, 05:02 PM   #6
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radar guns work on the principle of doppler shift. You send out an EM (radar) pulse of a certain frequency and measure the frequency of the one you get back. Using the frequency difference, you can calculate the speed difference between yourself and the object that reflected the wave. Police radar guns CAN now be integrated/plugged into the cars so that they make use of the car's speed to determine yours, rather than relying on the cop's judgment of how fast he was going when he tagged you. However, this is not uniform, so you may want to lookup the radar gun type info and check whether that is the case. Of course, if the cop was sitting still when he tagged you. . . that issue is moot.
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Old 07-19-2007, 05:17 PM   #7
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I'm sorry but i've been driving for 12+ years and have never once got a speeding ticket.
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Old 07-19-2007, 05:51 PM   #8
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Hey, i feel u man. last year i got a ticket going at 98mph on a 70mph zone on interstate 10 heading to mexico. its only 28mph over, not as much as yours, but i think in california if u drive over 100mph i think they can suspend ur license. mind u i was in a lil suv and plus during the middle of the night at 2am. i was pissed cuz no one was on the road besides this expedition that was going the same speed. We both got caught. its was a $450 ticket! w/ traffic school. (2nd one within 3mnths.)
but dude, try to see if u can do traffic school if its available, if youre eligible for that.
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Old 07-19-2007, 06:14 PM   #9
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I don't have personal experience with this but I've read that you can contest the ticket if he used a radar gun by asking for the calibration records of the gun the cop that stopped you was using. It probably varies from state to state, but if that gun was overdue for its calibration you might be able to at least get the speed reduced.
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Old 07-20-2007, 01:16 AM   #10
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Quote:
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I don't have personal experience with this but I've read that you can contest the ticket if he used a radar gun by asking for the calibration records of the gun the cop that stopped you was using. It probably varies from state to state, but if that gun was overdue for its calibration you might be able to at least get the speed reduced.
Thats part of it...

First... do not trust the cop... do not plead guilty... he will not help you. It is your right to have a trial. He may be saying that because he knows he did something shady and just wants you to plead guilty...

Second.. an attorney would be suggested, if you have the funds, a retainer for a decent attorney is at least $1k for a case like this. If he is decent though he should have an initial consult fee you can pay just to talk to him about the case for an hour... this could be invaluable. Also depending on where you are some smaller towns have old boy networks so your defense attorney may know Joe prosecutor (who is the one who can really help you, not the police man) and may be able to just get you a deal because they went to school together.

Third.. read this site thoroughly and take notes: http://www.blurofinsanity.com/Speeding.html

I have gotten myself and many friends out of speeding tickets using the methods mentioned.

"asking for the radar calibration logs when defending yourself (sans council) is largely viewed as being a punk" is mis-leading... it is your right as a citizen of the United States to see all evidence that will be presented against you in a case, its called the discovery process and is all that an attorney would do for you. It has been my experience that if you ask in person (sans council) they do not take you as seriously and so it is more likely you are not provided all the necessary information in a timely manor and can ask for a mistrial. If its an attorney asking for it then they are going to get him the information asap.
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Old 07-20-2007, 02:20 AM   #11
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Quote:
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"asking for the radar calibration logs when defending yourself (sans council) is largely viewed as being a punk" is mis-leading... it is your right as a citizen of the United States to see all evidence that will be presented against you in a case, its called the discovery process and is all that an attorney would do for you. It has been my experience that if you ask in person (sans council) they do not take you as seriously and so it is more likely you are not provided all the necessary information in a timely manor and can ask for a mistrial. If its an attorney asking for it then they are going to get him the information asap.
Nobody said he does not have the right to do this, just that it looks better if your attorney does it for you. . .just like you look better if you wear a tie to court, even though it's your right to wear shorts and a t-shirt. Bottom line = you want the judge to like you. Your best shot at this is to wear a tie(suit if you want, a bit excessive though, IMO) and let your attorney do all the talking. Aside from the fact that you're an amateur who is likely to be perceived by the judge as wasting his time, it just looks better to have someone other than the person who may be guilty argue the case.
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Old 07-19-2007, 06:39 PM   #12
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If you're at risk of losing your license, a lawyer is crucial given your record. The court generally looks unfavorably upon giving a break to repeat traffic offenders.

If not, go see the clerk and ask for his or her advice. It often helps if you show up with a parent that can scowl at you (courts know that parents can dish out much harsher punishments than they can).
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Old 07-19-2007, 07:16 PM   #13
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Your in the same boat as me. I have had 3 tickets already and just got my 4th a month ago doing 80 in a 45. I highly recommend getting a lawyer or you will be murdered in front of the judge by yourself. When I talked to my lawyer he said that it is severe to the court, but my case was the smallest of all the one they have during that week. Most of their clients got caught doing 110 in a 50. I'm in a bad position because this can affect me for school. I'm starting at UTI in August and after I'm done I want to get into BMW STEP, but they are strict about your driving record, so I'm tight situation.
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Old 07-19-2007, 08:17 PM   #14
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**** a state troopa.
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Old 07-19-2007, 08:41 PM   #15
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The cop was not camped out, he was riding too...it was 10pm and the roads were empty except maybe 3 cars.

To further complicate things, this ticket is in Greenville SC where I am living for the summer, the other two were in NC. I am still trying to figure out exactly how points on a license transfer from state to state. Either way I need 12 points to get a suspended license, and right now I have 0 from the first two tickets (9 over each), this is for 6 points so I need to get my act together.

And my 3 tickets are almost exactly in a 12 month window...I need to check on that.
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