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Posted: Jun 27, 2006 12:11 am
Hey all you in the know. Few weeks back I got a speeding ticket.

I wasn't speeding. Plain and simple. I lock my cruise control on everywhere I go. Why? Because I LOVE speeding, I just can't afford it. I've had a spotless driving record for years. Last ticket I got was 6 years ago for no seatbelt, and that's because it was broken.

I'm defending myself by letter. The court gave me the option. It's about 2.5 hours away, and I like conserving gas. With my letter, I had my insurance guy draw up a letter telling the judge I am in the preferred driver program due to a consistently spotless driving record. That's all I got, and pretty much telling them I'm not a liar, and I wasn't speeding.

I was going downhill around a turn, he was coming uphill on the turn, said I was doing 67 in a 55. I said I was going 55, maybe a little over due to the hill, but my cruise control was locked on, as usual. He didn't offer to show me the radar, either. He was a crazed Stater stuck out in the boonies and looked like he fucked bears for fun, so I just said as little as possible and got the fuck out of there instead of squabbling.

Bad Part: I had expired insurance and expired registration. I renewed the day before, and accidentally left the old card and registration in there, took the new ones to the trash (I had a card with the same policy number, told him he was free to call and check it). He didn't cite me for either, so they can't use that info, correct?

I'm bummed because I could have proven my insurance and reg, but not this speeding thing. Any ideas that I should include with this?


Posted: Jun 27, 2006 12:43 am
as far as the license and registration, if he didn't cite you, you are OK - PLUS if you can prove they were both valid, current and in effect at the time of the offense, you are also OK - just be prepared to have affidavits and proof of same to include just as an exhibit.... although i always say that less is more.

as far as the speeding - its your word against his.

basically, you have to say that it is your 100% practice to operate w/ cruise control and perhaps provide an affidavit from your mechanic that your cruise control is operating properly and your speedometer is properly calibrated.

in a perfect world, he should have told you what the radar said - but pretty much every one knows that traffic cops lie. and you can be sure that this alleged bear-fucker will lie.

stick to your story. allow that IF your speedometer/cruise control calibration was off - its possible you were going 57 or so - but that's just about all you have to stand on.

as for your style of writing: courts LOVE formality. write like the french do - with all the niceties. if you want to email it to me for editorial review, i will be happy to review it.
Posted: Jun 27, 2006 1:35 am
Contact a lawyer in the area where you got the ticket, that is really the only advice that you need. Different jurisdictions (even within the same state) have different ways of doing things, and dealing with traffic violations. (BTW, I plead people to improper equipment all the time who have perfectly working vehicles.)

Also, as to the radar, in North Carolina there is a space on the ticket where a cop has to include what the basis for their evidence is, so I always know whether I am dealing with a radar or not beforehand. Don't know if your ticket gives you the same.

DAs hate dealing with unrepresented people, and I know as a fact, that they give me (and other attys) better resolutions than the average citizen, because I am easier to deal with, more organized, and not emotionally attached to the outcome. They hate dealing with people being pissed at them all the time, and welcome a representative. Besides, that lawyer may know something you don't about what does and does not effect your insurance, and driver's license.

95 times out of 100 you get a better result with a lawyer. They do it everyday, and know who to ask, and what to ask for. Never go to court, or mount your own defense. You are doing yourself a disservice. Besides, 67/55 is a dink ticket. Somebody who knows how to grease the wheels should make that go away, or not increase your insurance. As to the expired tag, and insurance they didn't happen if you weren't cited, so don't bring it up.
Posted: Jun 27, 2006 3:49 am
so you're suggesting that ct drives the 2.5 hours to go to court and fight in person? i got the idea that the plan was to NOT attend.

i have accompanied people to traffic court all the time, and to my surprise, you are right... having a dispassionate person there helps tremendously, and these things are SO NOT my area (i'm a copyright person. period) but jeez do courts seem to hate lay people.

i have two cousins who are cops and they actually DO show up for all their court appearances and have ways of representing themselves to get their story across.... another cousin who is a DA tells me that cops lie and all the judges in his jurisdiction know it.

go if you can.... but if you want to do it by letter.... do be dispassionate. just the facts, less is more.
Posted: Jun 29, 2006 3:28 am
so you're suggesting that ct drives the 2.5 hours to go to court and fight in person? i got the idea that the plan was to NOT attend.
No, I am suggesting CT pay somebody to show up for him. I do traffic tickets everyday (literally). Don't do it yourself.
Posted: Jun 29, 2006 3:39 am
I do traffic tickets everyday (literally).

oh man.... you must see all kinda scary people!
Posted: Jun 29, 2006 5:00 am
what's thopkins opinion of this?
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