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Posted on 10/17/17 at 8:14 am to Red5LSU
Just curious. What kind of vehicle were you driving?
Posted on 10/17/17 at 8:15 am to Red5LSU
quote:
Got pulled over this morning for speeding. Cop says I was doing 76 in a 65, but my cruise control was set at 70. What is the likelihood the ticket will be dropped if I go to court? Has anyone done this? Any advice? TIA
You will be paying this ticket FYI.
Posted on 10/17/17 at 8:22 am to Red5LSU
Got one in Quitman a month ago. I had the cruise set at 68 in a 65. He “clocked” me at 77. I tried explaining I was being passed by two vehicles when he “clocked” me but he didn’t care. Small towns are the worst. I called the following Monday and spoke to the mayor. When I asked about contesting it he laughed and said you can try! He reminded me they calibrate their radar guns daily which I said I’m sure you do. When asked if it’s possible the cop stopped the wrong vehicle he said maybe but good luck proving it. Needless to say I had to pay. Ridiculous.
Posted on 10/17/17 at 8:26 am to Red5LSU
Talk to the city prosecutor and see what your options are. They're surprisingly helpful in my experiences.
Posted on 10/17/17 at 8:26 am to Red5LSU
More than likely you can plead guilty along with some article to get it moved to a non-moving violation. Do some research and keep it off your insurance...but yea your going to have to pay
Posted on 10/17/17 at 8:27 am to CenlaMikePA
quote:
calibrate their radar guns daily
Well that's 100% false. They may "verify" the calibration, but no way do they calibrate daily.
Posted on 10/17/17 at 8:28 am to CenlaMikePA
Your best bet is to talk to the prosecutor and ask them to change it to a non-moving violation like a broken taillight or something similar.
You will still pay the fine - but your insurance won't be affected.
If you really don't want to pay the ticket - get a lawyer and go for it that way - but you'll probably pay more for the lawyer than for the ticket.
You will still pay the fine - but your insurance won't be affected.
If you really don't want to pay the ticket - get a lawyer and go for it that way - but you'll probably pay more for the lawyer than for the ticket.
Posted on 10/17/17 at 8:28 am to Red5LSU
Let the record show I had a good time in the well.
Posted on 10/17/17 at 8:28 am to 50_Tiger
quote:
Considering its the only ticket I've ever received and don't live in La anymore. Worked out for me quite nice.
Well outside the two tint tickets in Livonia hahah.
Good point. Our judges here won't do an 894 in cases where the defendant is not put on probation (they assert that 894 requires probation).
Most places in Louisiana will take your money and keep the ticket off your record. There's a huge political furor over "D.A. diversions" (where the D.A. takes the ticket money and puts it in the DA's budget).
Posted on 10/17/17 at 8:30 am to Steadyhands
Was this in St. Gabriel? I did the same thing. He didn't even question me. I showed up to court and went up to the DA and said that I was a good, poor college kid who made a mistake and cannot afford the insurance increase. He changed it to a seatbelt violation and still made me pay $180 for the speeding ticket.
ETA: It was likely the Prosecuter that I spoke with at the court. I'm not sure.
ETA: It was likely the Prosecuter that I spoke with at the court. I'm not sure.
This post was edited on 10/17/17 at 8:32 am
Posted on 10/17/17 at 8:32 am to Red5LSU
Put cop on the stand. Ask him only yes or no questions and frame them accordingly. Do not allow long explanations. Simple yes or no.
First, ask him to explain what is done when a radar gun is calibrated...
Then go to yes or no questions..
Ask if radar gun was calibrated that specific day. If he says yes, ask him to show documentation. He won't have it...
Then ask if it is possible for a radar gun (an electronic device) to malfunction or give a false reading.
If he says it's not possible, ask him if he thinks one has ever malfunctioned in the history of Earth.
He won't be able to prove his equipment is not faulty. Do not allow long answers. Ask him simple yes or no questions...
I'm like 7/7 in traffic court...
Edit*** the judge will ask you if you'd like to testify. Never do this.
Edit 2
Ask alot of "is it possible questions".
Is it possible you shot another car with radar gun?, etc.
First, ask him to explain what is done when a radar gun is calibrated...
Then go to yes or no questions..
Ask if radar gun was calibrated that specific day. If he says yes, ask him to show documentation. He won't have it...
Then ask if it is possible for a radar gun (an electronic device) to malfunction or give a false reading.
If he says it's not possible, ask him if he thinks one has ever malfunctioned in the history of Earth.
He won't be able to prove his equipment is not faulty. Do not allow long answers. Ask him simple yes or no questions...
I'm like 7/7 in traffic court...
Edit*** the judge will ask you if you'd like to testify. Never do this.
Edit 2
Ask alot of "is it possible questions".
Is it possible you shot another car with radar gun?, etc.
This post was edited on 10/17/17 at 11:53 am
Posted on 10/17/17 at 8:34 am to Red5LSU
I've never had a speeding ticket on my record with this formula:
Go to court
Wear a suit and tie - this is important. Don't dress like a piece of shite.
Go to pretrial with an overworked and underpaid city da employee
Be honest and polite and ask for a lesser fine
Get it dropped from speeding to nonmoving violation
Pay fine
Go to court
Wear a suit and tie - this is important. Don't dress like a piece of shite.
Go to pretrial with an overworked and underpaid city da employee
Be honest and polite and ask for a lesser fine
Get it dropped from speeding to nonmoving violation
Pay fine
This post was edited on 10/17/17 at 8:37 am
Posted on 10/17/17 at 8:37 am to Red5LSU
The date on your ticket is your arrangement. That’s when you go in and plead guilty or not guilty. If you plead not guilty and they will set another court date which will be a trial date then you have to go and plead your case and more than likely the cop will show up and show that you were speeding and you end up having to pay the ticket anyway
Just either give the ticket to a lawyer or go see the DA and get it reduced to a non moving violation
Just either give the ticket to a lawyer or go see the DA and get it reduced to a non moving violation
Posted on 10/17/17 at 8:43 am to tgrbaitn08
See if you can cut a deal with the prosecutor before going to trial. All they want is the money. You need to keep a moving violation off your driving record for insurance purposes. Try to get him to make it a non moving violation!!! Good luck!!
Posted on 10/17/17 at 8:43 am to Red5LSU
Occasionally you can beat a ticket (I have) if you can prove there's something wrong with the cop's case. Notice I said "prove". Claiming that you set the cruise control at 70 will be ignored since everyone lies in a courtroom.
In my case, I had a cop clock me doing 55 in a 35. I was able to prove the legal limit was actually 55 by doing this:
1. The cop claimed the limit was posted. I asked him where the sign was, and had county records on hand proving that he was lying. I took pictures as well showing there was no sign present.
2. Those pictures also showed the road I was on was a four lane divided highway. The prosecutor initially reacted to #1 by noting that by statute the law stated the limit was 35 if unposted. I responded by noting that same law said the limit was 55 if unposted on a four lane divided highway.
3. Having established that the limit was actually 55 and the cop had clocked me at that speed, the case was dropped.
That is how you get out of a ticket. Saying "but I thought my cruise control was set at 70" will be ignored, plus it's an admission you were speeding, just at a lower speed.
In my case, I had a cop clock me doing 55 in a 35. I was able to prove the legal limit was actually 55 by doing this:
1. The cop claimed the limit was posted. I asked him where the sign was, and had county records on hand proving that he was lying. I took pictures as well showing there was no sign present.
2. Those pictures also showed the road I was on was a four lane divided highway. The prosecutor initially reacted to #1 by noting that by statute the law stated the limit was 35 if unposted. I responded by noting that same law said the limit was 55 if unposted on a four lane divided highway.
3. Having established that the limit was actually 55 and the cop had clocked me at that speed, the case was dropped.
That is how you get out of a ticket. Saying "but I thought my cruise control was set at 70" will be ignored, plus it's an admission you were speeding, just at a lower speed.
Posted on 10/17/17 at 8:44 am to Breesus
Thanks for the advice OT. The fine for going 5MPH over the speed limit has to less than going 11MPH, at least, that is what I'm hoping for. Hopefully I can get it dropped to a non-moving violation. Also, to answer some of the other questions on the thread:
Location: HWY 90 East Bound New Iberia, LA
Car: Black Mazda 3
First ticket: nope
Location: HWY 90 East Bound New Iberia, LA
Car: Black Mazda 3
First ticket: nope
Posted on 10/17/17 at 8:45 am to Red5LSU
They will unlikely drop the ticket altogether, best case scenario would be to show up and hope that they require you to attend a defensive driving course in place of the fine.
Posted on 10/17/17 at 8:46 am to Red5LSU
quote:
What is the likelihood the ticket will be dropped if I go to court? Has anyone done this? Any advice? T
The likelihood is you will sit in a cramped courtroom for three hours and they will set it for a trial on a date when the officer actually shows up. Unless the officer is there and then they will just call your case for trial and you will lose because the judge has never heard anyone tell her/him I was only going 5mph over the speed limit, nothing more.
This post was edited on 10/17/17 at 9:27 am
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