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re: Successfully fighting BS speeding ticket?

Posted on 8/21/15 at 3:44 pm to
Posted by LSUFanHouston
NOLA
Member since Jul 2009
37334 posts
Posted on 8/21/15 at 3:44 pm to
Yes, if you have facts on your side.

Last fall I was pulled over for doing 33 mph. The speed limit was 35. It was in a school zone, which had a sign but no lights. It was during morning school zone hours, so the ticket I got was for doing 33 in a 20 mph school zone.

However, the school zone was for a school that did not reopen after Katrina. I told the officer that and he could care less.

Went to the courthouse and told them I wanted a trial date, which was set.

At the date of trial, I brought evidence with me, which consisted of:

1) A written page of the facts as I saw them
2) Pictures of the school zone sign and the abandoned school
3) A map printout showing the location of the sign, where I was pulled over, and the school
4) Copy of the ordinance that says clearly that school zones are enforced when that school is in session, with a notation that a closed school cannot possibly be in session.

At the trial date, met with the prosecutor, gave him the info, and he said ok, he would need to reset the trial date and subpoena the officer (apparently the officer wasn't subpoenaed for the original trial date). Judge granted the reset.

Went back a few weeks later on the new trial date. Cop never showed up. I moved to dismiss, judge granted.
Posted by retired trucker
midwest
Member since Feb 2015
5093 posts
Posted on 8/21/15 at 6:16 pm to
quote:

Cop never showed up. I moved to dismiss, judge granted.


yeah, they originally were hoping you'd just pay, like everyone else
Posted by bayouman
Uptown NOLA
Member since Apr 2012
1561 posts
Posted on 8/21/15 at 6:29 pm to
LOL, So you were speeding! Guilty, next !
Posted by VetteGuy
Member since Feb 2008
28765 posts
Posted on 8/21/15 at 6:35 pm to
It was a scam and the prosecutor was in on it.

He tipped off Barney to be a no-show.
This post was edited on 8/21/15 at 7:43 pm
Posted by The Boat
Member since Oct 2008
164666 posts
Posted on 8/21/15 at 6:43 pm to
quote:

However, the school zone was for a school that did not reopen after Katrina. I told the officer that and he could care less.

Why is the sign up 10 years later?
Posted by Walt OReilly
Poplarville, MS
Member since Oct 2005
124694 posts
Posted on 8/21/15 at 6:46 pm to
You shouldn't have had to go back to court a again after presenting all that to the prosecutor the first time
Posted by chilge1
Baton Rouge
Member since Jan 2009
12137 posts
Posted on 8/21/15 at 7:48 pm to
quote:

You could also research to see if the officer calibrated his radar gun. They often skip their monthly calibration. If the officer doesn't have calibration certification, you can also get the ticket thrown out. All calibration information is supposed to be available to the public.


This
Posted by tiger91
In my own little world
Member since Nov 2005
36818 posts
Posted on 8/21/15 at 7:48 pm to
To the OP: I want to say there is a law that says drivers are to pull over to the left lane for police/trooper vehicles ... I always do that as well. My point is i do t think it's just courtesy ... Seems like I recall that being the law??
Posted by LSUFanHouston
NOLA
Member since Jul 2009
37334 posts
Posted on 8/21/15 at 10:34 pm to
Have you met any NOLA public works employees?
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