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SPEEDING - Got a ticket for 68 in a 30

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Old 03-31-2009, 08:32 AM
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Originally Posted by KCooke82' post='831718' date='Mar 31 2009, 11:01 AM
Looks like the cheapest engine upgrade might end up being pretty costly! It all started when I removed my charcoal filter...

I decided to give it a test last night on a great cruising road in a small NH town where my parents live. Wow...the engine is so much smoother. I couldn't help bringing it up to about 70 before coming around a bend and noticing head lights in the distance. Since police love patrolling this road because it's so easy to speed (limit should be 40, not 30), I decided to start slowing down just in case. As I got closer to the oncoming car, which had just come up over the oncoming down hill, I first noticed that he was slowing down, as if to take a right into a driveway. Then I noticed the familiar pattern of crown victory lights. Sure enough, it was a cop. Either he was about to park and set a trap or slowed as he saw me approaching at a high speed and was fumbling to turn on his radar. Meanwhile, I was trying hard to slow down at an even pace in order to prevent my front suspension from dipping. The distance covered from start to finish was approximately a 10th of a mile, and when he finally clocked me there were only 20 yards between our cars. When my radar went off (valentine 1, mounted next to my rear view mirror for maximum reception), I glanced at my speed, noted it was approximately 45 (phew), and looked up in time to see him flash his blue lights as he quickly turned around behind me as I passed. I instincitvely pulled over...and you could say that it was obvious I knew I was screwed.

Regardless, I played dumb. He asked me what the rush was, and I said no rush, just starting I long drive back to NYC after visiting my parents, which was true. He stared at me as if I was dumb, and then told me that he clocked me at 68, then 55, then 47, which was enough over the speed limit to warrant an arrest. This of course sent up a red flag because my Valentine 1 has never failed to go off when getting clocked, and it only went off once at the last minute. Nevertheless, I wasn't about to bring this up right away. I was very polite and said that when I saw the oncoming headlights, it made me realize that I was carrying too much speed and I started to slow. "When I realized it was a police car. I looked down and saw that I was doing about 42. I really don't think I was travelling that fast beforehand." I said my driving record has been clean for over 6 years and if I could have a warning. He practically laughed, stating my high speed and damp road conditions, then asked for my license and registration. When he came back, he handed me a court summons and noted on the ticket that he clocked me by radar at 68. Seeing this, I said: "I am not questioning you, but I have a hard time accepting that I was doing 68 when I saw 42. Do you have the 3 speeds on your radar gun?" He said yes, so I then said that when I bought the car used, it happened to come with a factory installed radar detector (a bit of a white lie). He cut me off: "Yea, well radar detectors don't work when I keep my gun off up until I clock you". Thanks for stating the obvious! If his gun was on, he would have had me at a much higher speed. "I understood that, but my detecter only went off once, at which point I glanced down at my speedometer and noted my speed to be about 42. I realize I was probably going a littler fast than that before I slowed, but 68? I don't think I was going that fast."

At this point, we were both cordial, but I think he had enough, and said that if I had any questions I can ask them in court. Well, I couldn't wait that long, so shortly after I got on my way, I called the station. Being a small town, I was actually put on the phone with the same officer. I said that I regretted not persisting to see his gun as I still can't fathom doing 68. He said that there were a number of reasons they don't show their gun speeds, and that if I still want to talk about it we can do so in court. Speaking of which, I asked what the implications were if I was found guilty. Maximum fine is $1,200 and 30 day suspension! Yikes.
So now it's his word against mine! Why can't I see the gun? Perhaps individual states have different laws? But what other leg do I have to stand on? If he noted that he "ESTIMATED" my speed to be about 65, that would be another story. But he would have been too far away and didn't have a clear view of my car due to the surroundings and changes in elevation. Not to mention he was driving and it was at night.
Instead, he made up a speed. It's kind of ironic that it's over double the legal limit, requiring a court appearence even if I plead. He's probably loving the fact that I have to drive up from NYC to appear. Factor in that I'm 26, driving a black BMW, with out of state plates. The perfect recipe for disaster.

Any advice? I realize I was speeding but it doesn't seem right that a cop can make up a number out of mid air. Sorry for the long story...I'm bummed.
Let me get this straight:

1. You felt he lied.
2. But you told a little fib.
3. You felt he pulled a number out of the air. Fair?
4. He felt you pulled a number out of the air? Fair?

Man up. You were speeding. You pay the price.

You asked for advice: Don't fly so fast. At night! Wet road!

You are lucky that you did not run into someone pulling out of a driveway. Wrecking a car, hurting yourself, maiming or killing someone just because you wanted to speed leaves a lasting impression on a bunch of people.

Next time, go to race track. That is why we have them.

a. pay fine and court costs.
b. admit mistake.
c. pay increased insurance premiums for next x years.
d. accept consequences.
e. take driving classes for speeders.
f. and so forth.
Old 03-31-2009, 08:33 AM
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ouch....that's going to sting a little! I've had 2 in the past 5-6 months (I blame bmw and out of state tags)......so I can feel your pain
Old 03-31-2009, 08:36 AM
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So you were doing 70 in a 30 amd a cop clocks you at 68.............................but you are complaining?

He was damned lucky if his 'guess' got you spot on taking account of the likely 2mph fast speedo reading in the car.

This might make me pretty unpopular, but 70 in a 30 is downright dangerous I don't have a great deal of sympathy.

Speed is fine in the right place, this clearly wasn't.
Old 03-31-2009, 08:36 AM
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OUCH!!!!

Your screwed, small towns are strapped for cash and in NH if you have NY or MA plates you are dead if you get nabbed going 60 in a 30 zone....
Old 03-31-2009, 08:43 AM
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This will help:

It a thread from when I got my 80 in a 45. There is some good advice in there:
http://forums.e60.net/index.php?showtopic=65431&hl=

The guy had me on radar and I still got away. NO CLUE why I didn't get a fine or points
Old 03-31-2009, 08:55 AM
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I'm not sure how it works in NH, but I would definitely get a lawyer (shop around) and perhaps they can come to an arrangement prior to the court appearance whereby you plead guilty to a lesser charge.

Also, 65 or 68 doesn't really matter, I hope you see this as a 'lesson learned' opportunity. At the same time, good luck...hope it doesn't cost you too much financially.
Old 03-31-2009, 10:26 AM
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Thanks for the responses...
It has of course been a learning lesson. To my defense, the road was dry and in a low density area - people average 45-50 on it anyway. If anyone was coming out of a driveway, I would have seen them long before they turned on the road because the houses are set back. With the speed limit at 30, the raod is cash cow in this recession...
When I did approach 70, the cop was too far away for him to even see me and determine my speed. It all happened so fast that at best, he knew I was speeding. I was already slowing down on my own when I saw the headlights and decided to lay on the break. My point is that he didn't have me clocked at 68, meanwhile that is what's on my ticket. I realize I don't have much of a chance, but it still doesn't seem right.
My thinking is to try and negotiate outside of court as some have suggested. In any event, I will be consulting a lawyer.
Old 03-31-2009, 11:12 AM
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Originally Posted by KCooke82' post='831718' date='Mar 31 2009, 09:01 AM
Any advice? I realize I was speeding but it doesn't seem right that a cop can make up a number out of mid air.
My advice would be....when you bend over to grab your ankles in court, think HAPPY thoughts!!! Or get an attorney, but for Pete's sake take responsibility!!
Old 03-31-2009, 12:15 PM
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Originally Posted by KAF' post='831752' date='Mar 31 2009, 09:36 AM
This might make me pretty unpopular, but 70 in a 30 is downright dangerous I don't have a great deal of sympathy.
Before you jump on the band wagon of it being dangerous you should be aware that there are a number of roads in every city that COULD have an increased speed limit but the local city chooses to keep the speed limit low simply because people will be tempted to speed. Thus the road becomes a revenue stream.

A few years ago, Portland had the opportunity to increase the speed limit on the "freeways" from 50 to 55 and 55 to 60, but they choose to keep the limits as is - mostly because people tend to speed so it's a great trap.
Old 03-31-2009, 12:44 PM
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well I dont always believe in lying but seeing how cops and the judicial system seem to screw all of us eventually Ill give you the advice my legal friend gave me. If you have the balls, go to the court and apply for whats called "discovery" basically your telling the court you wish to represent yourself and that you are requesting all the evidence that the court has against you in the case. You pay a couple dollars and have it sent to your doorstep. Now the shady part, the court system does sometimes forget to send you your discovery packet and you are legitamitely off the hook and wont have to lie or feel morally wrong after you win the case(this has happened to me) but if they do send it to you, just throw it away, toss it, burn it, give it to your dog, shred it whatever....and the day of your court case go before the judge and explain that you never received your discovery and therefore have no way to fairly represent yourself. The judge will ask you to swear or sign an affidavit saying you really never received discovery and by law he has to dismiss the case. Its shady and illegal I know and I really only recommend doing this on really expensive tickets where you have alot to lose and its worth your time but there is no way for the court to prove you threw the discovery away or didnt really receive it ......the mailman put in the wrong box, wrong street, wrong house, lost in translation court forgot, etc...The only bit of research you have to do is there is a code number I forgot that you need to tell the judge after saying you never received discovery. Something like "...by article 168 dash b" or something along those lines "I wish to have my case dismissed". Trust me it works, my friend has done it, ive done and 3 of my other friends have done it and we all won our cases. Good luck.


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