Do I pay up or fight this?

[JB]

Be patient, folks. This will take a bit.<br /><br />9:00 AM Monday. I am returning to The Hideout from my son's house, cruising in and with traffic (about 100 cars/ minute) on I-30 in west Ft. Worth. My speedo reads 70, my GPS says 68. I am on cruise control, which in my ML means the set speed +or- 1mph on hills. A few cars are passing me and I am passing a few.<br /><br />A car passes me, pulls in front and suddenly brakes. Everybody in the middle and right (of 3) lanes jumps on their brakes for slower traffic ahead. I move to the left lane for better visibility. I see a cop pointing a radar or lazer gun at me. He points at me and motions me to pull over. I do.<br /><br />He arrives at my side window and announces that I was going 74. His manner and body language say he is angry. I say "SEVENTY FOUR!!??". He takes my license and insurance card and retreats to his cruiser.<br /><br />He returns and pushes a completed ticket in the window. He tells me to read it. . . appeal procedures are there. He says, "You are free to go." His manner remains angry. He does not ask me to sign it. He goes back to his car. The ticket reads 74mph in a 60mph zone.<br /><br />Hmmmmm.<br />1. How does he "know" the reading was on my truck only? There are many cars beside and behind me. The reading he quoted is clearly wrong. Either he is lying (don't think so) or he got an erroneous reading.<br /><br />2. What/who was he angry at? Why? I know it must be frustrating to be on a post in a 60mph speed zone with heavy traffic whizzing by at 65-70. Did he stop me simply because he thought he had finally "got one in the open"? Does he have prejudices about Mercedes with aftermarket(but muted) exhaust systems?<br /><br />3. Why didn't he ask me to sign the ticket? Does that mean anything?<br /><br />I was not going 74mph. I was going 68mph in a 60mph zone, along with about a thousand other cars. GPS does not lie.<br /><br />I can plead nolo contendere (no contest) by mail and wait to be notified of a fine.<br /><br />I can plead not guilty and present the challenges above, along with a technical dissertation on why radar/lazer instruments may give erroneous readings. That would require me to drive to Ft. Worth for a court date.<br /><br />What do y'all think I should do?

 

[Kenneth Brown]

Re: Do I pay up or fight this?

You didn't agree to show up for court. As far as can you beat it based on the speed it won't work, esp if it was a state trooper. I don't know what I would do, I'm sure that means I'm a lot of help. I would like to say since I didn't agree to show up I wouldn't go. However I would be in trouble at work if I was issued a warrent so......<br />.<br />.<br />.<br />.<br />.<br />.<br />.<br />.<br />.<br />So tell us JB, whats it feel like to be zapped?

 

[cpj]

Re: Do I pay up or fight this?

Even if you were only going 68 in a 60 mph zone, you were still speeding, regardless of how fast everyone else was going. I would say that his gun was off, or he got the radar on someone else.You are correct GPS doesnt lie.You would probably be better off to pay the ticket. It would more than likey be cheaper than the gas it would take to go to court a couple times.( but I could be wrong)

 

[BoatBuoy]

Re: Do I pay up or fight this?

I can hear the judge now, "You mean you were 8 miles in excess of the speed limit instead of 14, and because of that you'e not guilty?".

 

[ZmOz]

Re: Do I pay up or fight this?

Fight it. It's not about the money, it's about proving the cop was doing a poor job. He was a pain in your butt, so be a pain in his. I would imagine the fine for 8 over is less than the fine for 14 over.

 

[jtexas]

Re: Do I pay up or fight this?

Must of been City of Fort Worth - DPS is always courteous.<br /><br />He wrote ya for 14 over...somebody jump in here who knows for sure...I believe 15 over is the threshold for some kind of worse charge and much higher fine. <br /><br />Here's my theory: he was either 1) doin ya a favor (NOT!), or 2) tryin to get you to NOT contest the ticket.<br /><br />He's mad 'cause he's supposed to be doin somethin with the kids or the wife or the ex-wife, has to write one more before he can get off work? I dunno.<br /><br />What happens if you go to court & swear your GPS said 68?<br /><br />You could hire one of those ticket clinics, but even if ya win, what satisfaction would be in that?<br /><br />You didn't sign, means little...FWPD has the car cams - they got ya on videotape. (You don't have to agree to go to court...they can make you go to court).<br /><br />If it's not too inconvenient, marshal your resources, go to court, make 'em prove you were doing 74.<br /><br />disclaimer: I'm not a lawyer, none of the above is legal advice. Rely on it at your own peril.

 

[one more cast]

Re: Do I pay up or fight this?

My BIL got a speeding ticket near Atlanta one time and had the corporate lawyer where he worked show him the tricks of the trade. He defended himself and won.

 

[heycods]

Re: Do I pay up or fight this?

Make sure that no lo works with your insurance first. I dont think it works like it used to.I would talk to my insurance provider first. We dont need tickets on our record. Ins. companys love to cancel you when your 65 or older. Not insulting just a fact.

 

[JRJ]

Re: Do I pay up or fight this?

8 over says you, 14 over says him. Tell the judge "I was speeding, but not that much". Not sure why the cop would be angry........I mean if nobody sped, we wouldn't need speed cops anyway. You feel wronged, I agree, so fight it.

 

[Twidget]

Re: Do I pay up or fight this?

He may have hit someone else, but it wont do you any good unfortunately.<br /><br />When I first moved to Burleson, I was ticketed by one of our finest for 38 in a 35. That was good for $70 out of my pocket. I did deferred adjutication, payed the ticket and stayed clean for 90 days. It wasnt reported on my driving record, or to my insurance. The wife did the same thing in Ft. Worth a few years earlier. Its a pain, but it doesnt show on your record that way.<br /><br />You could also waste a Saturday and take defensive driving.

 

[jsfinn]

Re: Do I pay up or fight this?

I'd go to court.<br /><br />You don't agree with the ticket and that's what court is for. Even if the judge doesn't do anything in your favor, at least you tried.<br /><br />Best case, the cop doesn't show up, then you're off without having to argue it.<br /><br />A long time ago, someone told me that they were pulled over for speeding. They told the cop that if they were going to write them a ticket, they wanted their radar gun bagged right then and there for evidence because they didn't believe it was calibrated correctly. The cop didn't write them a ticket because it wasn't worth the cop not having a radar gun until the court date.<br /><br />I don't know how true that is, and to me, it doesn't seem like a good idea to make a cop angry ... but thought I'd share my little story anyways.

 

[SwampNut]

Re: Do I pay up or fight this?

http://www.motorists.org/ <br /><br />They have a very good ticket fighting kit.

 

[bubbakat]

Re: Do I pay up or fight this?

JB one option here that will cost you less and keep your license in good shape with the insurance company.<br /><br />Opt out for safety school. With you, and this is with an assumption, your driving record is most likely spotless.<br />School will cost you but you will be better off in the long run.<br /><br />Now as for the officer being angry. He can be the only one that could answer that. Any other would be speculation.<br />When I run radar I always allow 10 over unless in a school or hospital zone.<br />Them 99% of mine are warnings.

 

[QC]

Re: Do I pay up or fight this?

I'm with jsfinn and ZmOz. You know it was wrong, you must contest it. You owe it to the rest of us poor saps.<br /><br />Also, I don't think the point to the judge is that you were going 68, the point is that you were not going 74. That's it. End of story. Well . . . there is this little thing where he has to believe you.<br /><br />I recently drove 100 miles to contest one that I was guilty on, but he didn't show. Here in CA pulling a trailer is 55 MPH. Really stinks when there is nothing for 50 miles either way . . .

 

[treedancer]

Re: Do I pay up or fight this?

Hey JB get a local attorney that is good at fighting traffic tickets he can get it knocked down to a non-moving violation at the least.<br /><br /> Most likely will save you some money on your insurance and 2.50 a gallon gas going to and from courts. Give the facts maybe he can weasel you out of it. I had a similar thing here and I was rather mad at the Webster Grove cop fought it for about six months and got that cop in the court about three times on his days off.<br /><br /> Of course it cost me more than it was worth but the satisfaction of putting it to that arrogant a** was worth it to me at the time.<br /><br /> If you are going that route you might have the radar gun checked as to the last time it was calibrated. That worked for me.

 

[imported_Curmudgeon]

Re: Do I pay up or fight this?

.. so be a pain in his.<br /><br />Count on him showing up whether you do or not, he probably only wrote 5 tics per hour that day. Guess you better rethink going only 8 over cause they don't ticket until 10, eh. And as far as being a pain in his butt? Yeah, right!<br /><br />BTW, the advice about "bagging" his radar gun? He only has to produce a record of training and equipment calibration. I think LEOs everywhere love roadside lawyers .. they continually substantiate the 10% of the population that really is clueless.

 

[neumanns]

Re: Do I pay up or fight this?

Just print the judge off a copy of this thread and show him that your name is right up top as moderator and you was afraid us kids would tear the place apart without your supervision.<br /><br />And that your honor is why I was in a hurry to return!<br />.<br />.<br />.<br /><br />And if that judge has any common decency he will have the trooper severly repremanded if not fired imediatly in the name of all things good and decent....cause we all know it to be the truth!

 

[roscoe]

Re: Do I pay up or fight this?

But what if JB zapped/poofed the judge last year ?

 

[neumanns]

Re: Do I pay up or fight this?

And therin lays the ancient mariners problem roscoe. If the said judge felt he was unfairly poofed/zapped he holds the power to put JB away for a LOOOONG TIME!!!<br /><br />JB, In your long and storried tenure here as the all powerful one are you confidant that you have not done this judge wrong. And if you are quite certian you have not are you willing to steak your very freedom on this claim. <br /><br />And come to think of it perhaps this is why the trooper was upset with you to begin with.....JB, you betteer think twice before you come out of this so called Hideout.....

 

[ob]

Re: Do I pay up or fight this?

I would just pay the ticket and be done with it.Admitting to knowingly driving 68 in a posted 60 zone may not be digested well by a judge/jury if you were to contest the accuracy of his radar.<br /><br />However,if you didn't sign the ticket,it may well just be mis-trialed on or before the hearing date.Good luck in any case.