redthunder96
08-02-2003, 11:45 AM
I'm not sure this is in the right forum, but this is my best guess.. Anyway, here is my situation.. I'm less fighting the ticket than trying to get one dismissed due to the situation as you'll see..
I was coming home from Ocean City, MD a couple weeks ago late at night.. It was probably around 12:30 AM and I was on northbound Route 1 in Delaware (Technically 113 where the incident ocurred).. I was pulled over about 4 miles south of Dover, at the time I saw the cop behind me I was doing about 75 mph.. It's a 55 mph zone (those that know the area know that around Dover it goes to 65 mph, which would've been a big help for me).. Anyway, while I was pulled over, another cop came up, turned on his lights, and stopped behind us and they told me they had BOTH clocked me.. The first cop to pull me over clocked me at 79 mph, and he tells me that the second cop clocked me at 100 mph just a little down the road, I would guess within a mile or two of each other, the absolute farthest apart they could have been is 4 miles... But the key is, I was only pulled over once and the second cop arrived 30 seconds to a minute late. They both wrote me tickets, the one who clocked me at 79 gave me a ticket for 64 in a 55 and the other gave me a ticket for 70 in a 55. They said that I had to go to the Justice of the Peace Court and that I should have it moved to the Court of Common Pleas, where they have the power to dismiss one of the tickets since they were given at the same time for virtually the same thing. I was scheduled at the JP Court today and had it moved, and my arraignment is August 22. Here is what my case is right now, I'm looking for any advice though since I know of people who have had the same thing happen to them and didn't get out of any tickets (one person had 3 at once).
I plan to first argue that they are for the same speeding incident, in the same speed zone. Once you go over the speed limit up to 56 mph, it should be one incident until you go under 55 and go back up, which never happened. I also plan to throw in that since the officer who clocked me first (but pulled me over second) apparently did not maintain visual contact, since he arrived approximately 30 seconds to a minute after the first officer pulled me over, he cannot guarantee that I was the same car that he clocked.
That's about the extent of my argument.. The main thing I'm worried about is insurance, since these two tickets would give me 7 points. If I can get the 70 mph ticket dismissed, I can do something called Probation Before Judgement, which gives you no points but puts you on probation for 6 months, and only is applicable to a first offense that is at 1-14 mph over the speed limit. If not, then I will only be able to take defensive driving and get a 3 point credit and still have points on my license and probably get killed on insurance rates (I'm 17).
I'm open to any and all advice. And if it matters to anyone who is in the area and has knowledge about the courts, I live near Newark, actually in Bear - but the Court I have to go to is the Kent County Court of Common Pleas in Dover.. Thanks.
I was coming home from Ocean City, MD a couple weeks ago late at night.. It was probably around 12:30 AM and I was on northbound Route 1 in Delaware (Technically 113 where the incident ocurred).. I was pulled over about 4 miles south of Dover, at the time I saw the cop behind me I was doing about 75 mph.. It's a 55 mph zone (those that know the area know that around Dover it goes to 65 mph, which would've been a big help for me).. Anyway, while I was pulled over, another cop came up, turned on his lights, and stopped behind us and they told me they had BOTH clocked me.. The first cop to pull me over clocked me at 79 mph, and he tells me that the second cop clocked me at 100 mph just a little down the road, I would guess within a mile or two of each other, the absolute farthest apart they could have been is 4 miles... But the key is, I was only pulled over once and the second cop arrived 30 seconds to a minute late. They both wrote me tickets, the one who clocked me at 79 gave me a ticket for 64 in a 55 and the other gave me a ticket for 70 in a 55. They said that I had to go to the Justice of the Peace Court and that I should have it moved to the Court of Common Pleas, where they have the power to dismiss one of the tickets since they were given at the same time for virtually the same thing. I was scheduled at the JP Court today and had it moved, and my arraignment is August 22. Here is what my case is right now, I'm looking for any advice though since I know of people who have had the same thing happen to them and didn't get out of any tickets (one person had 3 at once).
I plan to first argue that they are for the same speeding incident, in the same speed zone. Once you go over the speed limit up to 56 mph, it should be one incident until you go under 55 and go back up, which never happened. I also plan to throw in that since the officer who clocked me first (but pulled me over second) apparently did not maintain visual contact, since he arrived approximately 30 seconds to a minute after the first officer pulled me over, he cannot guarantee that I was the same car that he clocked.
That's about the extent of my argument.. The main thing I'm worried about is insurance, since these two tickets would give me 7 points. If I can get the 70 mph ticket dismissed, I can do something called Probation Before Judgement, which gives you no points but puts you on probation for 6 months, and only is applicable to a first offense that is at 1-14 mph over the speed limit. If not, then I will only be able to take defensive driving and get a 3 point credit and still have points on my license and probably get killed on insurance rates (I'm 17).
I'm open to any and all advice. And if it matters to anyone who is in the area and has knowledge about the courts, I live near Newark, actually in Bear - but the Court I have to go to is the Kent County Court of Common Pleas in Dover.. Thanks.