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post #1 of 58 (permalink) Old 09-22-2011, 02:20 PM Thread Starter
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Speeding Ticket

Anybody had any trouble with their speedo reading too slow rather than a little fast. I was headed on a 30 mile afternoon jaunt the other day and set the cruise at 72. I left the gps at home since I knew where I was going.

Anyway, the local sheriff pulls me over and takes my license. I figure I'm going to get a warning or a ticket for 72 or 73. He returns to my bike and gives me a citation for 81 mph. I told him there was no way I was going that fast and that the cruise was set on 72. He told me motorcycle cruise controls were not accurate. I told him that mine was. He told me "You can contest it in court!, the radar said 81." He was getting a little belligerent.

I was so flustered I forgot I could look at his radar and he left. I took the bike out with the gps and when the cruise is set on 72, the gps reads 70 (yes, still speeding, but not 81). My insurance isn't going to like 81 mph. Anything over 15 mph they consider reckless driving which I was not doing.

I would like to challenge this in court, but it is a small town and I know the cops always bring all the logs, documents, and a printout from the radar gun to all the trials. Is it worth fighting? Is it possible I was going 81. I don't think so.

I'm talking to the prosecutor today about a plea bargain, but just wondered if this is normal or it just happened because I looked like a biker dude. Like I said it is a small town and I have had a good relationship with the po po in the past. Re thinking that one.

NB
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post #2 of 58 (permalink) Old 09-22-2011, 02:25 PM
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The officer is not required to show you his radar or the results, until court.

If you take a "Not guilty" plea, the officer has to bring the most recent calibration certificate to court, and his certificate of training.

If you can prove somehow that you tested your bike with GPS at 72mph, and the gps reads 70, (which 99% of all motorcyeles read less then actual speed) then you can fight it.

SAYING that it's accurate and contesting the ticket is as worthless as the officer saying HE'S right, and his stuff is accurate, without showing any proof.

If you can place your gps next to your speedo, do 72 mph and have a passenger take a photo, it's worth a shot. Outside of that....you'll spend more in attorney fees then the ticket.

You *could* talk to your "prosecution" however, that's the officer. It's a summary offense, not a misdomenor or a felony, so the DA doesn't care. If you talk to the officer and explain to him your case, perhaps he could rewrite the ticket to a lesser amount, of one that doesn't effect you so much. An officer has that discretion.

By chance....was there other traffic near you when he calculated your speed?

Are you sure it was radar, and not VASCAR or accuTRAK?




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post #3 of 58 (permalink) Old 09-22-2011, 02:26 PM
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It might be worth getting an attorney to fight it. I know a lot of places, if you pay double the fine, they will reduce the offense to a non-moving violation. Just depends on what that county is like, but a local attorney should know his way around.

Also, just something I have figured out (the hard way) never argue with the cop on the road. They won't ever lose an argument on the side of the road, and you might end up wearing shiny bracelets for a few hours.

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post #4 of 58 (permalink) Old 09-22-2011, 02:30 PM
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I always fight all my tickets. It's important to note what the ticket actually says ie: wreckless speeding

You can fight most of the tickets but it'll take some work. You could get the date for the last calibration on the radar gun, what was the visibility like when you got pulled over, lots of traffic or no cars at all, when was the last time a survey was done to determine the safe speed limit on said road just to name a few.

You could always go to traffic school and get the point taken off your record and I belive the insurance company won't see it on your record if do but don't quote me on it.
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post #5 of 58 (permalink) Old 09-22-2011, 02:57 PM Thread Starter
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OK,

Spoke with the prosecuting attorney today. For and extra $50 on top of the fine, she can amend the ticked down to 69 and it doesn't go on my record here in KS. I wrote the check and said thanks, but it still sucks because I know I wasn't doing what the cop said I was.

NB
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post #6 of 58 (permalink) Old 09-22-2011, 03:05 PM
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Originally Posted by aerofarm View Post
OK,

Spoke with the prosecuting attorney today. For and extra $50 on top of the fine, she can amend the ticked down to 69 and it doesn't go on my record here in KS. I wrote the check and said thanks, but it still sucks because I know I wasn't doing what the cop said I was.

NB
I think crap like that is ridiculous. It's like bribing the government to give you a lesser offense. Don't get me wrong I'd've done it too so I'm not blaming you at all, just the stupidness of the government.

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post #7 of 58 (permalink) Old 09-22-2011, 03:09 PM
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Originally Posted by aerofarm View Post
OK,

Spoke with the prosecuting attorney today. For and extra $50 on top of the fine, she can amend the ticked down to 69 and it doesn't go on my record here in KS. I wrote the check and said thanks, but it still sucks because I know I wasn't doing what the cop said I was.

NB

Hmmmm....sounds hokey, (on the part of your town/county) but considering what it would save you on your insurace, via your driving record, good for you.




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post #8 of 58 (permalink) Old 09-22-2011, 03:15 PM
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I think crap like that is ridiculous. It's like bribing the government to give you a lesser offense. Don't get me wrong I'd've done it too so I'm not blaming you at all, just the stupidness of the government.
It is way of things.

I was pegged doing 81 in a 65 in Illinois this summer. I paid the ticket of $165 and after exchanging a few emails with the local DA's office, I was allowed "court supervision" by paying courts fees of an additional $225. I basically bought the points off my license. It was worth it. I already had one ticket on my record. It would have shot my insurance through the roof.

I guess the local governments are figuring they'd rather the money go in their pockets than the pockets of private attorneys. They advertise your ability to work out this deal right on the back of the ticket.
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post #9 of 58 (permalink) Old 09-22-2011, 03:22 PM
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It is way of things.

I was pegged doing 81 in a 65 in Illinois this summer. I paid the ticket of $165 and after exchanging a few emails with the local DA's office, I was allowed "court supervision" by paying courts fees of an additional $225. I basically bought the points off my license. It was worth it. I already had one ticket on my record. It would have shot my insurance through the roof.

I guess the local governments are figuring they'd rather the money go in their pockets than the pockets of private attorneys. They advertise your ability to work out this deal right on the back of the ticket.
I mean it's great for the people no doubt. I wouldn't be above it that's for sure.

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post #10 of 58 (permalink) Old 09-22-2011, 03:43 PM
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Truth be told, when you look at the breakdown of the income of a traffic ticket, in reality, about $30-40 goes to the municipality that wrote the original ticket.

Including the magistrate, the state takes almost 75% of that ticket's revenue, for things like catastrophic fund, DUI fund, court costs, filing fees, yadda, yadda, yadda....

I always laugh when guys say things like "Oh....the town is just writing tickets to make money."

The cash intake is far less then the pay for the officer that's writing the ticket.....

If the county makes $50 more for giving you a break, it's far more cost effective then raising your taxes to cover county costs, and your insurance doesn't go up.

It's a win/win folks.

Nex time, set your cruise control at the speed limit, and this issue wouldn't be an issue.....




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R.I.P. Rubberdown. 1971-2012

"Your Jedi Mind tricks will not work on me...... ~Misinlink-2016~

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CYCO tensioners
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