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Busted!! I need Legal Advice! Got a ticket for something stupid? Think you should fit it in court? Post it up and I am sure everyone will give feedback

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Old 01-15-2008, 11:16 PM   #1 (permalink)
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Default Got a speeding ticket; Cop trying to blackmail me!!!

To sum it up... I got a speeding ticket tonight. I was driving my girlfriends car, which did not have a radar detector in it and a cop pulled me over. It was a bullshit ticket to begin with though.

I was in the middle of a pack of a few cars, he was in front of all of us. The cop pulled me over, and claims to have clocked ME doing 81 in a 55. I was not, I can guarantee you that. I have driven this same road to work for the last 8 years straight.

He writes me a ticket for 81 in a 55.. but says the charged speed will be 64 in a 55 so it's less than 10 over.

Then he gives me the ticket, and proceeds to tell me that if I try to fight the ticket and it goes to trial, he will bump the speed back up to 81 and i WILL get the maximum penalty.

WHAT THE FUCK? A COP, THREATENS ME WITH BLACKMAIL... "IF YOU TRY TO FIGHT IT I'LL FUCK YOU".....

Isn't there some sort of law against that???? Can he REALLY do that???


Ticket says:

Measured speed: 81
Charge speed: 64
Posted speed: 55
Speed checked by: Moving Radar
Radar type/ ID: R188
Laser distance: + .00
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Old 01-15-2008, 11:59 PM   #2 (permalink)
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hmm...good luck.
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Old 01-16-2008, 08:13 AM   #3 (permalink)
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BLUFFING - he can't "change his mind" when he gets to court and up the speed.

What he put on the ticket is all you can get fined for - no matter what he says now.
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Old 01-16-2008, 08:25 AM   #4 (permalink)
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If you seriously believe that the officer behaved unlawfully, report it. Call the department and ask if they have an internal affairs bureau or citizen review board.

These boards constantly have threads of discussion with allegations against officers. However, no one ever seems to do anything about it. Trust me, these complaints are taken seriously. Advice to sue, get revenge, slug it out in court...all well-intentioned, but generally ineffective. The report to IA is what will get attention.

Citizens have a duty to report officers that step out of line.

That's just my $.02.

Oh, BTW...I'm a cop.
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Old 01-16-2008, 08:41 AM   #5 (permalink)
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^ totallly agree. as much as i support the cops, that does not give them the right to step out of line.

file a complaint, it may not solve your problem, but the complaint gets logged into his file and will show a track record of behavior such as this.

good luck man.
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Old 01-16-2008, 08:48 AM   #6 (permalink)
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I also agree with the 2 dudes before me. Was anyone with you when he said that? Witness are always good!

One more thing he wrote the ticket already and if you go to court he can not change it. It will be overuled since he was supposed to do it at the moment.
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Old 01-16-2008, 09:28 AM   #7 (permalink)
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If it really went down as you say, then you should at the minimum locate the officer's shift supervisor and file a first command complaint. Shift supervisor will be on duty around the same time of day you got the ticket.

As for the citation. If the officer was in front of you and traveling, then he would have had to use a rear radar to have obtained your speed. Not sure about his, but most of those aren't laser radars, and the regular ones can only differentiate between two vehicles at the same time. A laser radar is the only radar that can pick you out of a crowd because the laser is pointed directly at you vehicle and not anyone else's. As a cop I think you should go to court and talk to the Judge, and speak your peace there and explain what happened and even what the officer did.

Can't guarantee, but I bet it would get dismissed...

Good Luck!
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Old 01-16-2008, 09:55 AM   #8 (permalink)
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Quote:
Originally Posted by JaiBird View Post
If it really went down as you say, then you should at the minimum locate the officer's shift supervisor and file a first command complaint. Shift supervisor will be on duty around the same time of day you got the ticket.

As for the citation. If the officer was in front of you and traveling, then he would have had to use a rear radar to have obtained your speed. Not sure about his, but most of those aren't laser radars, and the regular ones can only differentiate between two vehicles at the same time. A laser radar is the only radar that can pick you out of a crowd because the laser is pointed directly at you vehicle and not anyone else's. As a cop I think you should go to court and talk to the Judge, and speak your peace there and explain what happened and even what the officer did.

Can't guarantee, but I bet it would get dismissed...

Good Luck!
does that really work? i've always thought that the judge always sides with the officer.
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Old 01-16-2008, 10:33 AM   #9 (permalink)
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Quote:
Originally Posted by JaiBird View Post
If it really went down as you say, then you should at the minimum locate the officer's shift supervisor and file a first command complaint. Shift supervisor will be on duty around the same time of day you got the ticket.

As for the citation. If the officer was in front of you and traveling, then he would have had to use a rear radar to have obtained your speed. Not sure about his, but most of those aren't laser radars, and the regular ones can only differentiate between two vehicles at the same time. A laser radar is the only radar that can pick you out of a crowd because the laser is pointed directly at you vehicle and not anyone else's. As a cop I think you should go to court and talk to the Judge, and speak your peace there and explain what happened and even what the officer did.

Can't guarantee, but I bet it would get dismissed...

Good Luck!
Thanks man.. i think that's what I'll do.

And yes.. it went down EXACTLY like that. I accepted the ticket, and he said exactly what i wrote above.. and it happened exactly like i posted above.

Let me ask you something though, if i fight it in court, and I still have to pay the ticket... which speed will i be responsible for? The charged speed, or the measured speed?
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Old 01-16-2008, 10:36 AM   #10 (permalink)
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Oh, and I do plan to file a complaint towards that officer.
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Old 01-16-2008, 09:49 PM   #11 (permalink)
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Quote:
Originally Posted by coronadozx View Post
does that really work? i've always thought that the judge always sides with the officer.
Nope, Judge doesn't always side with the officer. Some Judges do use common sense, cause like any other type employment out there. There's a smart ass asshole in every bunch. The Bad cops make us good cops look bad.
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Old 01-16-2008, 09:56 PM   #12 (permalink)
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The court system in Maryland does the same thing - try and fight a ticket, and they can up every one to $500
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Old 01-16-2008, 09:56 PM   #13 (permalink)
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Quote:
Originally Posted by lownuff View Post
Thanks man.. i think that's what I'll do.

And yes.. it went down EXACTLY like that. I accepted the ticket, and he said exactly what i wrote above.. and it happened exactly like i posted above.

Let me ask you something though, if i fight it in court, and I still have to pay the ticket... which speed will i be responsible for? The charged speed, or the measured speed?
The speed that is written on the ticket is the speed you will be charged with no matter what the officer said to you. Once the ink hit the paper, that was a done deal. Any other time the officer would have been giving you a break by doing this, I did several times back when I was a patrol officer to help out those and their insurance not to go up because they were honest and had no prior traffic histories.

To be honest, I bet the cop couldn't tell which one of you were speeding and you just happened to be the one he picked out. And instead of admitting he was wrong, even to himself and giving you a warning, he followed through with his monchoism. Yeah, he probably got a vehicle going that speed, he just didn't know which one.

And usually, if the Judge does find you guilty, then the cost is still the same as if you just mailed in the citation payment. You really have nothing but a lil bit more of your personal time to loose by going. But it could save you points on your license, and some money out of pocket.
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Old 01-16-2008, 11:09 PM   #14 (permalink)
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Quote:
Originally Posted by JaiBird View Post
The speed that is written on the ticket is the speed you will be charged with no matter what the officer said to you. Once the ink hit the paper, that was a done deal. Any other time the officer would have been giving you a break by doing this, I did several times back when I was a patrol officer to help out those and their insurance not to go up because they were honest and had no prior traffic histories.

To be honest, I bet the cop couldn't tell which one of you were speeding and you just happened to be the one he picked out. And instead of admitting he was wrong, even to himself and giving you a warning, he followed through with his monchoism. Yeah, he probably got a vehicle going that speed, he just didn't know which one.

And usually, if the Judge does find you guilty, then the cost is still the same as if you just mailed in the citation payment. You really have nothing but a lil bit more of your personal time to loose by going. But it could save you points on your license, and some money out of pocket.
Good advice.

Thanks.

But i still have a question... when you say, the speed that's written on the ticket is the speed i'll be charged with.... i'm confused about that.

There were 2 speeds written on the ticket. Measured speed, and charged speed. Right now, if i just pay it.. i'm responsible for the charged speed. If I go to court, will i still ONLY be responsible for the charged speed, or the measured speed?
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Old 01-16-2008, 11:35 PM   #15 (permalink)
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In Tennessee, if it is your first ticket you are supposed to be able to take traffic school for something like 50 bucks and it doesn't go on your record or get reported to the insurance.

When I got my first and only speeding ticket, I was basically told by the judge that if I tried to fight it, I couldn't take traffic school. I feel that this is unfair as well. It means that people who have a legitimate right to appeal are coerced out of doing so for fear that they will lose and be more screwed than if they had just paid the ticket.
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