Fighting a ticket at a speed trap | GTAMotorcycle.com

Fighting a ticket at a speed trap

daisoman

daisoman

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Hey advance thanks for all the help

Last Saturday I was riding along Derry rd eastbound towards airport road. Road turns to a 50 and I got caught doing 72. I was beside and behind a blue versa going the same speed even a bit faster. But he decided to pull the guy on the sport bike over.

Anyways I wanted to know if I can say I was following the flow of traffic. The cop told me I should maintain my own speed when I told him I was following the versas speed. He reduced it to a 15 over with no demerits.

Do I have a case?
Also I heard that it doesn't matter if there a no demerits but my insurance will still go up. I am fighting it regardless because at least I can postpone the payment.
 
Insurance increases would depend on the insurance company but any conviction will be seen by the insurance company if they decide to check.

If I were you, I'd hire a paralegal to fight it for you.
 
If this is your only ticket, consider paying it to get the clock running. Especially if your insurer allows one ticket without an increase.
 
If they got you on radar you may have a case bc radar will pick up the larger object. Laser is way more precise.

Fight all your tickets bc they all count for most insurance companies




Sent from my iPhone. (not while I was riding)
 
There have been similar posts and the opinion was that if you fight it the charge can go back to the original measured speed. This is a common topic and a search should give you your odds of winning. You weigh the difference between the ticket and insurance hit against the paralegal fee and / or time off work.
 
first off, look at the posted speeds and where you were ticketed, sometimes the city has different speeds on file regardless of being posted. second, fight the ticket, argue that you were following the flow of traffic. cop may or may not show. the tickets sometimes get picked up by insurance, or if you change insurance companies in the next 3 years. just my two cents. if my insurance goes up by $40 a month for three years because of the ticket, that's a lot of dough...fight it...
 
Fight the ticket. If the police officer doesn't show, case out the window :D You can call a paralegal for a quote but if the police officer gave you a break on the ticket (mine was marked at the top, a single line) then it'll be tougher in court. Just sharing what happened with my ticket.
 
Just went to set up a court date. Also I spoke to my SF agent and she told me no matter what the ticket was even if I pay $1 it will affect my drivers abstract. So fighting is the way to go.

I need to prepare my case.
 
Be aware 1. Original Change can be reinstated and you will be fighting a larger fine. 2. Judge will most likely only drop from 3 point to no points and reduce the fine to what the COP already reduced it to 3. LIDAR picks up what ever the COP points it at I can single out a bike amongst bikes. It i like looking through a Rifle Scope. Officer option as to who to point it at. Insurance will only go up if (IF) they run an abstract and have a no forgiveness policy. I would Pay it and move on You caught a break
 
My sf agent says they do abstract check more often now, even with long term customers like my self. She said for sure they will see the ticket.

15 over vs. 23 over will warrant the same premium increase. (both minor)

They 3 demirits(worst case senerio) shouldn't affect me as I very rarely get tickets.

I'm fighting it because I feel it's worth the risk.
 
smurfz said:
Judge will most likely only drop from 3 point to no points and reduce the fine to what the COP already reduced it to
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The JP can't make any decisions re; points, it's not within their authority. What they can do is convict on a lessor offense, ie; charged with 16k over (3 points) accept plea for 15k over (no points). They can't convict on 16k over but offer that there won't be any points.
 
Right now I have 15 over with no demerits. My sf agent told me my premium will go up as it is still considered a minor infraction
 
OpenGambit said:
If this is your only ticket, consider paying it to get the clock running. Especially if your insurer allows one ticket without an increase.
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what are you picking up the slack for turbo?

If he fights it - a. there is a very good chance the cop wont even show and will be an immediate win.

b. he wont even have to deal with a court case for another year. requests disclosure, files 11b, etc etc. so many opportunities to beat the charge

or... he pays it and loses immediately. wow good advice.

Being charged is only half the battle. It's your right to be PROVEN guilty, use it or lose it.
 
roadtoruin said:
what are you picking up the slack for turbo?

If he fights it - a. there is a very good chance the cop wont even show and will be an immediate win.

b. he wont even have to deal with a court case for another year. requests disclosure, files 11b, etc etc. so many opportunities to beat the charge

or... he pays it and loses immediately. wow good advice.

Being charged is only half the battle. It's your right to be PROVEN guilty, use it or lose it.
Click to expand...

It doesn't appear that you have any understanding of what I actually said.
 
roadtoruin said:
what are you picking up the slack for turbo?

If he fights it - a. there is a very good chance the cop wont even show and will be an immediate win.

b. he wont even have to deal with a court case for another year. requests disclosure, files 11b, etc etc. so many opportunities to beat the charge

or... he pays it and loses immediately. wow good advice.

Being charged is only half the battle. It's your right to be PROVEN guilty, use it or lose it.
Click to expand...

He's making a valid comment. By getting the clock ticking the ticket comes off the OP's record sooner. If in fact the OP's insurance company doesn't increase rates for the first ticket, which is the case with many, then the odds of getting that all important second ticket on his record at the same time is reduced. In this case the OP stated that it will effect his insurance, but it only will if it shows up on a random abstract check.

There are times when paying a ticket as soon as possible, that has already been reduced at the roadside, is a valid tactic. Especially so if someone doesn't have the money to hire a paralegal, nor the confidence to fight it himself.
 
So the one thing i am curious about, since i always gave in and took the deal offered :(...... how do you know the cop isnt there? i have 2 upcoming court dates *doh!
 
ts87 said:
So the one thing i am curious about, since i always gave in and took the deal offered :(...... how do you know the cop isnt there? i have 2 upcoming court dates *doh!
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geoff-9 said:
prosecutor will tell you when you check in.
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LOL! Or they will LIE to you!!! Twice I've had prosecutors tell me the cop was present, and one time the judge asked where the cop was (he had 11 cases in the courtroom) and the prosecutor said he called in sick at the beginning of the day! SHE KNEW HE WASN'T GOING TO BE THERE! But she got TONS of plea deals from people by telling them he was there, WHAT A SCAM! ALL of those people would have got off scott free if they had just stood their ground :(

If you remember what the cop looks like you can sit in court and wait for him to show up. If he doesn't show up by the time they call your name, you get off! If he does show up and you don't think you have a chance/case run to the fine payment window and pay the original ticket ;)

Your officers name is written on your ticket, just ask other officers if they know if "so and so" is there. Also look at all the court dockets posted. Beside your name there will be a code like 3150K10, that is the officer that wrote you the ticket (look on your ticket for his unit number and badge, etc. that's what the code is). See if he has cases in other courtrooms, especially if your case is at 1 and he has cases at 11, sit in those courtrooms for those cases, listen for the peoples names to get called and see if the cop is there. If the court asks who you are or why you are sitting in the courtroom, just tell them you are "observing". The only reason they ask is if they are excluding some witnesses from the courtroom while people are giving testimony, they just want to make sure you have nothing to do with the case that's going on.

EDIT: Make sure you request disclosure for your two upcoming court cases! Do it about 2 months before your actual court date. If you need help with it just let me know. If you really want to fight it and need help with your defence after you get your disclosure, send me a PM with the case details and we'll go from there.

-Jamie M.
 
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fight the ticket it will increase the chances of others getting 11b. We should be encouraging everyone to fight their ticket so we all get off on minor speeding tickets.
 
Well with mine I will just state that it was unjust that I got a speeding ticket when obviously there was another car ahead of me going even faster. I can argue that I was following the flow of traffic(probably wont hold up). I'm just banking on him not showing up. Worst case I will get a 23k over which is still the same minor offense according to my agent.
 
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