Fighting a ticket at a speed trap

[Rob MacLennan]

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.

No, unfortunately arguing that you were following the flow of traffic won't work. You might be able to argue that the cop actually caught the car on RADAR (but not likely LASER), but it would take you some research to succeed.

There's a hoary old story that cops tell, when talking about singling out one speeder out of many. The punch line is, "Ever go fishing? Did you catch ALL the fish?"

 

[omnivore]

QUOTE: Dan Matrafajlo -traffic lawyer, NJ

If you received a speeding ticket in New Jersey, it is extremely likely that the arresting officer used a radar gun. The use of radar guns to check for speeding has become incredibly popular among law enforcement because of the gun’s ease of use and flexibility, but New Jersey traffic ticket attorneys frequently see them being used incorrectly. The guns can be used in many settings and require little skill to use, as the gun does not need to be precisely aimed but rather can just be pointed in the general direction of the target.

However, that last strength is also the radar gun’s greatest flaw. The radar gun does not need to be aimed because of the width of the beam. However, radar guns cannot differentiate between different objects within the beam and will simply clock the speed of the most reflective surface.
Depending on the details of your case, this fact can be very important for your defense. The most common user error with radar guns is target misidentification. If there were a lot of cars around you when you, there is a chance that the radar gun picked up another car’s speed rather than yours. Furthermore, radar guns frequently have technical problems such as calibration errors.

Therefore, even if the state tries to lead you to believe that it has an open and shut case against you, always consult a New Jersey traffic ticket attorney first. If there are any flaws or weaknesses in the state’s case against you, an experienced New Jersey traffic ticket attorney will be able to find them.

Calltoday at (908) 248-4404 for a free consultation.

 

[Baggsy]

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.

One of the main reasons that I tend to pay my tickets.
There are way to many psychos on the road getting away with poor driving because of 11b.

The only time I've had a cop not show up was when she specifically stated that she wouldn't.
The neighbors had complained to the police about people making left turns, instead of to the city arborist.

I've also seen my brother-in-law get picked out from the middle of three cars all driving single lane at the same speed.

 

[ts87]

Thanks Jamie, definately will hit you up on the second ticket, first ticket, forgot about it and then just remembered about it and court date is in 3 weeks

 

[toysareforboys]

Thanks Jamie, definately will hit you up on the second ticket, first ticket, forgot about it and then just remembered about it and court date is in 3 weeks

It's not too late! 3 weeks is fine! Do you have representation?!?! Search GTAM for "disclosure" and you'll see links to help you request it!!!

3 weeks is lots of time, request it TODAY! Do NOT put your phone number or e-mail address on the request form

-Jamie M.

 

[Krime]

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.

Exactly. Everyone is so bent up about 'always' fighting a ticket. I got my last ticket while riding almost 2 years ago now. A well conposed rookie cop had me going 32 over (I thought I was 22 over, didnt notice the speed decrease) at 1am on an empty road in Aurora. Saw him the second I passed, watched him pull out abd pulled over right away.

He reduced the charge to 5 over, the lowest he could do. Got home and paid the $40 over the phone 30 minutes later. It's been almost 2 years now and my insurance has only gone down. 1 more year to go. Had I have taken it to court, I would have risked a greater conviction for the original speed, and would have had to wait even longer for it to get off my record.

 

[Kuro]

I thought they made it harder for cops to miss court dates. If this is true, I wouldn't bet too heavily on the cop not showing up.

 

[toysareforboys]

I thought they made it harder for cops to miss court dates. If this is true, I wouldn't bet too heavily on the cop not showing up.

This is true. I can't remember exactly what they do to cops who miss the court dates, but it pretty much guarantee's they'll be there

-Jamie M.

 

[coyo]

I've heard it can cost as much as 6 hours pay for a cop to miss a court date.

This is true. I can't remember exactly what they do to cops who miss the court dates, but it pretty much guarantee's they'll be there

-Jamie M.

 

[iFly55]

http://www.simonborys.ca/2010/08/does-a-police-officer-have-to-show-up-for-court/

Section 42 (1) (e) of the Police Service Act lists one of an officer’s duties as “laying charges and participating in prosecutions” (that means showing up for court). Usually, this duty is also spelled out explicitly in the police service’s policies and procedures and if so there can be consequences for officers who don’t attend court as required.

 

[bww77]

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!

Get there early enough scope out the waiting area before your specific courtroom opens. Hopefully you remember what he/she looks like. Also, they have to check-in with the crown before the proceedings begin, so that would be another opportunity for you to see if they show.