Any advice on fighting speeding ticket?
08-02-2003, 10:45 AM
#1
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Join Date: Mar 2003
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Any advice on fighting speeding ticket?
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.
08-04-2003, 10:56 AM
#4
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Unfortunately, my parents (mainly my mother) won't let me get a lawyer.. She says that I messed up and I shouldn't try to get out of it by getting a lawyer who can manipulate the law or something.. Thanks for the advice anyway, any other tips though? Or good ways to convince the parents on getting a lawyer?
08-04-2003, 03:29 PM
#5
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Join Date: Jun 2000
Location: North Canton, OH
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Well, you were speeding and I would simply pay for it. You admit you were.
But, they were wrong about the 2 speeding tickets. You should simply say you never slowed down. Technically, you could get a hundred tickets all for the same thing if the cop logic is right, which it is not.
But, they were wrong about the 2 speeding tickets. You should simply say you never slowed down. Technically, you could get a hundred tickets all for the same thing if the cop logic is right, which it is not.
08-04-2003, 03:41 PM
#6
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Originally posted by CANTONRACER
Well, you were speeding and I would simply pay for it. You admit you were.
But, they were wrong about the 2 speeding tickets. You should simply say you never slowed down. Technically, you could get a hundred tickets all for the same thing if the cop logic is right, which it is not.
Well, you were speeding and I would simply pay for it. You admit you were.
But, they were wrong about the 2 speeding tickets. You should simply say you never slowed down. Technically, you could get a hundred tickets all for the same thing if the cop logic is right, which it is not.
I thought the same thing, they might as well just line up 10 cops with radar in a row, then pull someone over and give them 10 tickets.. It makes no sense.
08-04-2003, 06:14 PM
#7
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Location: eatontown nj united states
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its your right to get a lawyer and fight these tickets.youre not exactly getting away with anything its going to cost you big time.
fines and points is one thing but your insurance will go up for years and you need to try to avoid that.
explain to your parents its your choice to contest these charges.
fines and points is one thing but your insurance will go up for years and you need to try to avoid that.
explain to your parents its your choice to contest these charges.
08-05-2003, 11:13 AM
#10
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Join Date: Jan 2001
Location: Newark, DE
Posts: 511
Even if you get a lawyer, you may not "get out" of it totally!
There is still gonna be some penalty. A lawyer will minimize the pain. Tell your parents you are being reasponsible for your actions not trying to weasel out of anything.
Heavy
PS- goodluck
There is still gonna be some penalty. A lawyer will minimize the pain. Tell your parents you are being reasponsible for your actions not trying to weasel out of anything.
Heavy
PS- goodluck
08-05-2003, 07:39 PM
#11
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Unfortunately, in Delaware if you're under 18 you have to take your parents with you to court even for a speeding ticket. I talked to them again about getting a lawyer and they'll consider letting me.. They don't agree with me that the insurance increases would effect me for a long time, they think as soon as the points are gone it would go back down... But at least they'll consider it so now I just need to get some information from State Farm and find out about how much a lawyer would cost me in this case.. Does anyone who's been through something similar of roughly what a lawyer might cost me?
Thanks for all the responses, I really appreciate it..
Thanks for all the responses, I really appreciate it..
08-10-2003, 10:25 AM
#13
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Join Date: Dec 1999
Location: Houston, TX
Posts: 2,249
Originally posted by redthunder96
Unfortunately, my parents (mainly my mother) won't let me get a lawyer.. She says that I messed up and I shouldn't try to get out of it by getting a lawyer who can manipulate the law or something.. Thanks for the advice anyway, any other tips though? Or good ways to convince the parents on getting a lawyer?
Unfortunately, my parents (mainly my mother) won't let me get a lawyer.. She says that I messed up and I shouldn't try to get out of it by getting a lawyer who can manipulate the law or something.. Thanks for the advice anyway, any other tips though? Or good ways to convince the parents on getting a lawyer?
Two options: Parents mad and a bad driving record, or a parents mad and a good driving record. That is how I look at it.
Good luck,
Ryan
08-22-2003, 03:35 PM
#15
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Thanks, here's what happened...
As it turned out, after calling my insurance company (State Farm), they informed us that they don't increase any rates or premiums due to speeding.. So I decided against getting a lawyer since it would cost me more than paying both tickets and I wasn't going to have any insurance fees from it..
Today was my court date for arraignment and the prosecuter agreed to drop the 70 mph ticket if I'd plea guilty to the 64 mph, which was 9 mph over the speed limit.. I took that so I only have 2 points on my license and it only ended up costing me $80.25.. Not too bad. This also avoided having to go to trial by judge and possibly be convicted of both charges, so from my view it's about the best I could have hoped for...
Thanks everyone for your help, I appreciate it.. I probably would've gotten the lawyer if State Farm increased rates for speeding, but since they didn't I decided it was best to just pay the fine instead of a lawyer.
Today was my court date for arraignment and the prosecuter agreed to drop the 70 mph ticket if I'd plea guilty to the 64 mph, which was 9 mph over the speed limit.. I took that so I only have 2 points on my license and it only ended up costing me $80.25.. Not too bad. This also avoided having to go to trial by judge and possibly be convicted of both charges, so from my view it's about the best I could have hoped for...
Thanks everyone for your help, I appreciate it.. I probably would've gotten the lawyer if State Farm increased rates for speeding, but since they didn't I decided it was best to just pay the fine instead of a lawyer.