Traffic Court

[rplace]

50 minutes ago, Shiva said:

A point of interest is what's the motivation of the cop pushing for court?  is he doing his do diligence giving you a ticket, but then plans not to show up at court, so in the end, you'll have a pass.  Or, is he doing it, because he does plan to show,  gets easy duty off the street and gets to chat with that cute court reporter, he's been trying to hook up with.  Its a mystery. 

 

 

 

That struck me as odd too. He told me as soon as he pulled me over that he had a body camera and was recording everything. I suspect, only guessing on my  part, these days all their equipment is integrated and monitored. Perhaps at a certain threshold the cop has no leeway to give a warning or reduced speed. I specifically asked him for both. Again I'm only guessing but maybe since it was 20 over he has to issue a ticket and can't reduce the speed...but since I was such a nice guy he was trying to help me out hinting that the judge might have some discretion he does not.

 

I really think the reason I got pulled over was because I live in the middle of nowhere where 4 out of 5 vehicles is a monster pickup truck. It was 9:00AM and we were the only two on a country road and I was flying (in his mind) in a black BMW Z4 convertible. He probably thought I was from NY/NJ just passing through then felt bad when I lived less than 2 miles from where he stopped me. I typically drive 60+ on that road in my SUV and haven't gotten a ticket since I don't know when. That is fine if it is just my turn, but 20 over will not be looked upon well by my insurance, I'm guessing. I'm hoping to get it reduced at the very least by going to court.

[The Dude]

I got popped going 79 in a 70 after passing someone.  I thought about fighting it, however, it was a 14 hour drive back to Montana.   I still feel that the state trooper was picking on me from being out of state.  Maybe not, I just know 9 over is less than average around these parts, maybe not in Montana where the cattle roam free.

[jimjimbo]

10 minutes ago, rplace said:

black BMW Z4 convertible

That's your problem right there.....good luck.

[T2K]

17 minutes ago, rplace said:

but 20 over will not be looked upon well by my insurance, I'm guessing.

 

 

I got a ticket for failure to stop at a stop sign a couple of years ago (front tires over white line). Come insurance renewal time, you guessed it, my insurance premium dropped.

Good luck.

 

Keith

 

[MEH Synergy]

+1.  I never see prius drivers pulled over here... No matter how they are driven.   

[Mallette]

22 minutes ago, The Dude said:

I got popped going 79 in a 70 after passing someone. 

We have a lot of two lane, hilly and mountainous, highways. When there is a safe place to pass I STEP ON IT. To hell with the limit, I see my job for myself and others on the highway as passing and getting to hell back on my own side of the road. Rather doubt some cops would see it that way, but to the extent they do not they are creating unsafe driving habits. I'd rather risk a fine than a head on. 

 

Dave

[rplace]

23 minutes ago, jimjimbo said:

That's your problem right there.....good luck.

Believe me I've thought about that since I got the ticket. I like to drive my Wife's car every month or so just to keep an eye on it. Once we took it in for an oil change and the mechanic said do you know the steel belts are poking through both of your back tires.  It gets up and goes with very little effort, but I was truly not trying to open it up and blow off the stink (this time at least). I was actually due for a re-check of previous high blood pressure at the Dr. So I really gave myself a ton of extra time to drive, part, walk, etc so I was not too worked up. Needless to say that did not go as planned. Still made it on time, but I was a bit worked up.

[Jeff Matthews]

17 minutes ago, Mallette said:

We have a lot of two lane, hilly and mountainous, highways. When there is a safe place to pass I STEP ON IT. To hell with the limit, I see my job for myself and others on the highway as passing and getting to hell back on my own side of the road. Rather doubt some cops would see it that way, but to the extent they do not they are creating unsafe driving habits. I'd rather risk a fine than a head on. 

 

Dave

Dave, the actual speeding statute in Texas defines speeding as traveling an unreasonable speed under the circumstances.  If there is a posted limit, there is a presumption that exceeding it is unreasonable.  The presumption may be rebutted by evidence, such as medical emergency, etc.  I think you could convince a fact-finder that passing might justify exceeding the posted limit.  On the other hand, they might also find that if you have to exceed the limit, you shouldn't need to pass.

 

Welcome to the law, where everyone's a criminal!    😂 

[MEH Synergy]

When I visited my buddy around Dallas/ Fort worth area in Texas I couldn't stop grinning.   Everyone drives 42 mph on the freeway in Socal.   In Texas, my buddy was almost being run over going 85 mph(I would say AVERAGE speed other than rush hour was easily 75).  That, Is a FREE way. 

[Mallette]

4 minutes ago, Jeff Matthews said:

Welcome to the law, where everyone's a criminal!    😂 

I hear you, and understand. There are almost NO passing zones where one can pass a truck that is doing 55 (and dropping to 40 on a hill where you can't pass) doing 59 or less. If you don't exceed the limit, you will not survive. 

 

Catch 22. I'll go with the ticket before going with the other option. Regardless of the law, I consider it "reasonable and prudent." 

 

Dave

[rplace]

Yo, @Jeff Matthews Where is my free legal advice? I gotta leave in about half an hour. Who cares about Dave @Mallette previous criminal endeavors This is all about me today, down to the wire and the other lawyers have not stepped up. At least you graced us with your presence.  

 

Tie or no tie? I'm already wearing a jacket. Tie seems like I am trying too hard.

[jimjimbo]

no tie

[Schu]

15 minutes ago, Jeff Matthews said:

Dave, the actual speeding statute in Texas defines speeding as traveling an unreasonable speed under the circumstances.  If there is a posted limit, there is a presumption that exceeding it is unreasonable. 😂

 

I thought there was an outright limit based on some federal statute... " Speed in excess of 101mph".

 

 

[Jeff Matthews]

1 minute ago, rplace said:

Yo, @Jeff Matthews Where is my free legal advice? I gotta leave in about half an hour. Who cares about Dave @Mallette previous criminal endeavors This is all about me today, down to the wire and the other lawyers have not stepped up. At least you graced us with your presence.  

 

Tie or no tie? I'm already wearing a jacket. Tie seems like I am trying too hard.

They don't care how you dress, so dress casually.  No tie.  No flip-flops.

 

Tell your story like you did.  Don't get worked up.  Don't show anger of any kind.  Just be cool and respectful.  "Maybe there was a mistaken reading on his radar."  What else can you say?  Don't call him a liar or question his honesty.

 

Usually, you get a chance to talk to the prosecutor before the case starts.  The prosecutor asks you if you intend to fight it.  Keep to the same story.  Short and sweet.  Maybe he offers to dismiss it outright.  Next best thing is deferred prosecution.  Deferred adjudication is different.  It is the next best after deferred prosecution.  Deferred adjudication is good, too.  Read this:  http://www.pacefirm.com/faq/deferred.html

 

If the cop is not there, they are missing a vital witness, and the case must be dismissed or re-set.  In a small town, I'd bet the cop will be there.

 

Any other Q's?

[Mallette]

2 minutes ago, Schu said:

I thought there was an outright limit based on some federal statute...

Not since the double nickel was repealed, to my knowledge. Of course, since the states are little more than counties these days that can change rapidly. 

Dave

[Jeff Matthews]

2 minutes ago, Schu said:

 

I thought there was an outright limit based on some federal statute... " Speed in excess of 101mph".

 

 

No.  Speed limits are state law.  The feds have threatened to cut off federal highway funding to states who set speed limits "too high."  That was the impetus for the 55 mph national limit many years ago.  It was a federal effort to reduce gas consumption.

[rplace]

2 minutes ago, Jeff Matthews said:

 

Any other Q's?

 

Do I plead guilty with explanation or not guilty. I'm surely guilty of speeding, in my mind no way am I guilty of 70. So I'm thinking Not Guilty. But if I admit to 60mph am I dumb ***? Surely I wan to tell the truth, can I just omit to seeing my speedo at 60mph when I looked down?

[Mallette]

3 minutes ago, Jeff Matthews said:

It was a federal effort to reduce gas consumption.

You believe that and you may believe that pot is a class 1 narcotic. 

Dave

[Jeff Matthews]

6 minutes ago, rplace said:

 

Do I plead guilty with explanation or not guilty. I'm surely guilty of speeding, in my mind no way am I guilty of 70. So I'm thinking Not Guilty. But if I admit to 60mph am I dumb ***? Surely I wan to tell the truth, can I just omit to seeing my speedo at 60mph when I looked down?

If you are asked to plead, it is "not guilty."  You are accused of 70.  Not 60.  You can admit to 60, and you can be found guilty of 60.  As regards deferred adjudication, you must plead "guilty" to something.  At least make the agreement for deferred adjudication (if that's how you work it out) by pleading guilty to 60.  In deferred prosecution, you do not plead , IIRC (I am pretty sure of this, but criminal/traffic are things I rarely do).

[Shiva]

35 minutes ago, rplace said:

 

Do I plead guilty with explanation or not guilty. I'm surely guilty of speeding, in my mind no way am I guilty of 70. So I'm thinking Not Guilty. But if I admit to 60mph am I dumb ***? Surely I wan to tell the truth, can I just omit to seeing my speedo at 60mph when I looked down?

Having gone to court myself over a speeding ticket years ago, I told the court clerk because he asked, that I am pleading innocent, while keeping my eye out for the cop who stopped me.  He did show up, I went to the clerk and changed my plea to guilty, with a request for traffic school,  which was granted when my case was called. This was in California. I don't know if it is different out your way.