Can this ticket be contested???

[CJGIRL]

Ok long story sorry but here goes:
I'm going home from work traveling down a 2-lane road that eventually merges into a one-lane road. On the left lane are about 2-3 semis that are turning left to get onto the highway, they are all almost completely stopped cause you know how long it takes for semis to turn. So I hit the gas in 2nd and get into the right lane and pass them. Down the road a little bit I see the blue lights and pull over. The cop gets out and immediately starts saying, "Well you think you could just accelerate like that huh?" I didn't say anything, then he says, "You think you could just pass those trucks like that huh? HUH?" I said, "I was just passing the trucks sir."

The officer comes back with the ticket for me to sign and I see that he has written me down for 55 in a 25! Now I've been driving down this road for 2 years and nowhere does it say 25, and I know for a fact its 45; why would a 2 lane road on both sides be 25? So I said "Sir where is it posted that the speed limit is 25?" he says, "Uh oh well I don't know where its exactly posted, but this is a service road and you should know that a service road is 25mph" I then said, "Um how did you know how fast I was going?" "I clocked you with radar" he says. I said "Really? Cause my detector never went off!" Then he starts stuttering very badly and says "Oh uh well uh you kids, you get these radar detectors and they don't always work" I said "Ok well then can I see the reading?" He says, "Oh uh well it

[t150vsuptpr]

So here's my thing:
1. The cop wrote me down for the wrong speed
2. The cop didn't know what the speed limit was, and couldn't tell me where a speed limit post was
3. He wouldn't show me the radar reading
4. He left the location and method of getting my speed blank on the ticket
5. He was at a loss for words when I told him my detector never went off

So in your opinion can this ticket be contested?

Yeah, it can be contested. They all can.

Whether it can be sucessfully contested is another thing. The fact that he had no idea what the real speed limit was while maintaining he did, goes a long way to casting doubt on the rest of it in my mind (that is assuming of course that it all occurred as you stated). Couple that with his failure to note a location and method of speed determination, and it may be enough to create reasonable doubt in the judge's mind. If this officer has bad habits, the judge has seen simular cases when people contested cases, or he will in the future.

Personally, if I were him, and if I did that and went back and saw the limit was about double what I said it was and wrote, I would ask the judge to noll prosse it before taking your plea, but I don't make mistakes like that. There are too many good tickets out there to worry about making stuff up off the cuff.

As to 1, 3, & 5 ...
#1, maybe yes, maybe no? Only you know for sure.
#3, we don't lock them in either, by policy, and for several reasons and none of it pertains to honesty. We do not invite, or allow people to see the display either.
#5, that really doesn't mean much by itself. I too have seen many tiomes when I checked one with radar and they said their detector never went off. I can set a detector on the dash beside the readout, and hit the hold and reset the hold before the detector ever goes off, have shown many people the same thing to their astonishment.

If it's all true, good luck to you.

:)

[AnGardaSiochana]

1. The cop wrote me down for the wrong speed
2. The cop didn't know what the speed limit was, and couldn't tell me where a speed limit post was
3. He wouldn't show me the radar reading
4. He left the location and method of getting my speed blank on the ticket
5. He was at a loss for words when I told him my detector never went off

OK:
1. Which wrong speed? What you were doing or the limit? That could get the ticket thrown out but only if you can prove the limit you have pics off was in effect at the point you were clocked.
2. He did know the speed limit according to him. He doesnt need to know where the sign is, come on now, you cannot expect that too work. Do you know the location of every speed sign in your town?
3. No one sees the reading and that makes little difference, do you deny the speed?
4. That is more solid ground, like number 1, if true then thats a stike out.
5. And? probable simple because A, he wasnt expecting you to say that or B, he was quietly thinking "Stupid little ****"

This sounds very similar to another ticket post also by a young 20's driver. Im suspicious :cool:

I think you have grounds but also over here detectors are illegal (obstructing a police officer in his duties and yes it has stood up in court if you want too try it guys ;) ), having it shows your attitude, you will kill yourself or another person if you feel the need to have detector in your car, how about slowing down? And finally, telling the judge you have a detector tells him what you have just told us, your a little boy/girl racer.

So may I suggest that if you get away with this ticket you take it as a lucky break, considering most of us would not make such stupid mistakes with a ticket, and slow down.

[Bigg Dogg]

Just go to court and state your case.Thats all you can do.

[backinblue]

Any "ticket" can be contested in court.

If you feel you were wronged then go to court and state your case. Your radar detector may not have gone off for several reasons. The officer does not have to show you the reading on the radar gun or the radar gun itself. Save that for court. As for the speed, location, and checking a box on the cite those questions will have to be answered in court.

Could the officer have clocked you on a different road (you said service road the road you described doesn't sound like a service road)

The posted speed limiit sign is posted on the side of the road its usually white with black numbers, I don't know where all of them are do you?

Like I said if you feel you were wronged then take the "ticket" to court, explain your case to the judge and see what happens.

[eric_farang_bah]

In Missouri certain types of roads have set limits unless marked with a different speed.
An example lettered highways are 55mph unless marked differently > page 42 in Missouri drivers guide.
also the speed limit starts after the posted sign and not " speed up when visible" that may have been what happened

[CJGIRL]

To clear this up: NO, I don't expect an officer to know where every single speed limit sign is located; I asked the officer because I have driven down this road for 2 years and have never seen one. But it seemed suspicious to me that since he had NO idea where one might be, then how would he know what the speed limit was? Not only that but I knew for a fact that about 30 yards from where I pulled over for the officer on the opposite lane was a 45 MPH sign. Plus, in case you missed it from the 1st post, I returned to the road the next day and saw that at the exact location where I passed the trucks is a 45mph sign. And thank you for all the input.

[backinblue]

To clear this up: NO, I don't expect an officer to know where every single speed limit sign is located; I asked the officer because I have driven down this road for 2 years and have never seen one. But it seemed suspicious to me that since he had NO idea where one might be, then how would he know what the speed limit was? Not only that but I knew for a fact that about 30 yards from where I pulled over for the officer on the opposite lane was a 45 MPH sign. Plus, in case you missed it from the 1st post, I returned to the road the next day and saw that at the exact location where I passed the trucks is a 45mph sign. And thank you for all the input.

It is the officers job to know what the speed limit is on that road. For two years you didn't know what it was, I don't suggest brining that up in court. If you think the cite was wrong go to court and present the facts based on solid evidence (this does not include the officer didn't konow where the speed limit sign was located at). If the events went down like you say and the posted speed limit on your side of the road was 45 mph then you probably have a shot at beating it in court. Keep in mind almost everyday I stop people for speeding (using radar) who say officer I know I wasn't speeding because blah blah. Well my radar gun doesn't lie so you have to be. I don't know both sides The officer may have an explaination for what occured. Good luck in court.

[t150vsuptpr]

The officer is the one who has to prove the limit first in a prosecution. Before he/she write tickets on a section of highway, I would think it would behoove him/her to familiarize themselves with the speed limit and the location of signage. It is not something that should be a roadside guess, it is something that should be known without a doubt before putting pen to paper.

I don't know your record or how important the outcome is to you. It might be worth while looking at talking to an attourney there locally who is experienced in the court and seeing what he thinks. On the other hand, you can try it alone at the first trial level, then if not happy, then talk to an attourney and maybe appeal.

[jerrymaccauley]

I've had people come to court armed with city/county maps, 8X10 color glossies, with the circles and arrows(thanks Arlo Guthrie) and listened while the judge said, "if radar was good enough to help us win WW2, it's good enough for my court. On the other hand, I've also seen judges who admonish officers for not knowing how long a particular speed limit sign has been in place. Take your chances.....

[oSutrooper]

Depends on what city your in, In Guthrie, there are certain times that you can pass on the right, as for knowing the speed limit, I have to know what the speed limit is anywhere I want to run radar. Take your chances and see what happends.. BTW where did this happen at?

[AnGardaSiochana]

To clear this up: NO, I don't expect an officer to know where every single speed limit sign is located; I asked the officer because I have driven down this road for 2 years and have never seen one. But it seemed suspicious to me that since he had NO idea where one might be, then how would he know what the speed limit was? Not only that but I knew for a fact that about 30 yards from where I pulled over for the officer on the opposite lane was a 45 MPH sign. Plus, in case you missed it from the 1st post, I returned to the road the next day and saw that at the exact location where I passed the trucks is a 45mph sign. And thank you for all the input.

Lets clear something up, the absense of a speed sign does not mean no speed limit exists. For example, entering and exiting a motorway here is 80km/h but the motorway is 120km/h and where you enter and exit depicts what speed you must be going. Now, within Dublin city centre limits the entire area is 30km/h but there isnt a single sign that depicts this once you are inside the city centre limit its just a fact of law that drivers must/should know. Compare this too a national road which has a limit of 90km/h in the absense of any alternative sign.

Now I could be wrong but from what you have described it sounds like an exit/entrance area which could (probable does) have a slower limit than the actual road itself.

If I was you I would not argue over the cops knowledge or lack thereof. I wouldnt even argue over the speed limit as it sounds too me that the absense of the area on the ticket would allow an alternative unless of course the officer states a specific place. Again, your defence rests on casting doubt on the prosecution and the empty spaces on the ticket should be enough, I know they would be here.

[SgtScott31]

1. The cop wrote me down for the wrong speed
2. The cop didn't know what the speed limit was, and couldn't tell me where a speed limit post was
3. He wouldn't show me the radar reading
4. He left the location and method of getting my speed blank on the ticket
5. He was at a loss for words when I told him my detector never went off

#3 - There are probably a handful out of thousands of depts that make it policy to show you anything in regards to radar, and it is their dept policy, not a law. THIS IS A RUMOR

#4 - Doesn't have to put on the ticket how he got your speed

#5 - If he hit you from behind with radar, unless your detector was directly in line, more than likely it won't go off. If he was using laser, whether your's is a laser or not, it definitely won't go off.

It would sound like that since 2 or 3 tractor trailers were turning, you would have to go around them on the shoulder. Besides TWO sides to every story. I would like to hear his first before making any accusations against him based on your side alone.

Does CJGirl mean criminal justice? I hope not, because someone having an obvious issue with law enforcement and carrying a radar detector needs to be pursuing a different career.

[CJGIRL]

#3 - There are probably a handful out of thousands of depts that make it policy to show you anything in regards to radar, and it is their dept policy, not a law. THIS IS A RUMOR

#4 - Doesn't have to put on the ticket how he got your speed

#5 - If he hit you from behind with radar, unless your detector was directly in line, more than likely it won't go off. If he was using laser, whether your's is a laser or not, it definitely won't go off.

It would sound like that since 2 or 3 tractor trailers were turning, you would have to go around them on the shoulder. Besides TWO sides to every story. I would like to hear his first before making any accusations against him based on your side alone.

Does CJGirl mean criminal justice? I hope not, because someone having an obvious issue with law enforcement and carrying a radar detector needs to be pursuing a different career.

#5-According to the officer, he didn't use the radar from behind-he said he used it at a Waffle House that was on the right about 50 yards from where I began to pass. If the officer did clock me at the Waffle House, it would have to have been when I got right in front of it, because there are tall bushes & trees that are blocking the vision when you look out to the left side from their parking lot.

-the tractor trailers were turning left, and there's a clearly marked lane on the right. Also, as far as I can tell everytime I have driven, semis do not make wide left turns that would cause the driver in the right hand lane beside them to need to move over. There would be no way for me to have turned up on the shoulder since it is a raised up curb.

I did not post on the forum in the hopes that one of you would make "any accusation against him (the officer) based on my side alone." I just wanted to ask other officers if they believed that I would be successful in my contestion.

-I would hope sir, that just because I might be in CJ does not mean I cannot have an issue with a specific situation in law enforcement, when I believe that I was not treated correctly in the situation. Also the fact that I carry a radar detector should have no effect on why I should "pursue a different career" Until they become illegal in the state that I am residing, I'm within my right to possess one.

[SgtScott31]

Until they become illegal in the state that I am residing, I'm within my right to possess one.

Carrying one just shows you have a total disregard for traffic laws. Just to let you know, those I catch with radar detectors definitely get the ticket. Glad you wasted your money on one.

I don't hound on anyone that wants to dispute a ticket, but the way you came across when you started this thread was like a 10 yr old. It's a ticket. Life goes on. If you feel you have a good case to beat the ticket, go to court. Don't come moaning to a LAW ENFORCEMENT website about an officer's mistake (if it's legit).

It just surprises me that you and many others come to a POLICE forum bi**hin & whinin about how you were "wronged" by a police officer. If you need to rant, go to www.howigotscrewedonatrafficticket.com. Otherwise post something that is law enforcement related that someone might actually care about. Maybe, when or IF you get into LE one day, you will understand why we are skeptical about everyone that comes on here trying to dispute a ticket.

[CJGIRL]

post something that is law enforcement related that someone might actually care about.

If I posted something that you didn't care about, don't reply to my post in the first place.

[AnGardaSiochana]

The anti radar devices were tested in court here for obstructing a LEO in execution of his duties and found that they were.

In the UK they were tested against a charge of perverting the course of justice and again, they were.

Havent they been tested in the US? I mean, its using a device to avoid capture for a crime.

Unless Im thinking of a different device.

[t150vsuptpr]

The anti radar devices were tested in court here for obstructing a LEO in execution of his duties and found that they were.

In the UK they were tested against a charge of perverting the course of justice and again, they were.

Havent they been tested in the US? I mean, its using a device to avoid capture for a crime.

Unless Im thinking of a different device.
Radar detectors and radar jammers are illegal to use in or on any motor vehicle operated on a highway here in Virginia. Them other states may be a bit backwards in this reguard. :D

[AnGardaSiochana]

Radar detectors and radar jammers are illegal to use in or on any motor vehicle operated on a highway here in Virginia. Them other states may be a bit backwards in this reguard. :D

Well damn, the laws only as good as the cop thats using it! Show a bit of imagination people. :D

[18C3V]

You can protest any ticket you want. Eventually a judge has to decide on it whether it's by mail or in traffic court. Who knows maybe the cop will be on vacation and won't show up. But you won't know unless you protest the ticket.