Car Forum / Driving, Maintenance, Tuning / Driving / September 2005
Speeding ticket question
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intrepid_dw@hotmail.com - 19 Sep 2005 14:50 GMT All:
Is there any practical chance of getting a speeding ticket dismissed for the fact that the officer wrote down the wrong vehicle and VIN on the ticket? Didn't just slip a digit, but *entirely* wrong VIN.
I suspect the officer looked at a car registration system based on a driver's license number and found two cars registered, and wrote down info from the first car on the list. Ticket now has a nonsensical car listed as make/model (van versus passenger car), and VIN for completely different vehicle...
Thanks..
Bill Funk - 19 Sep 2005 16:13 GMT >All: > [quoted text clipped - 9 lines] > >Thanks.. IAMAL... If you bring the registration papers for the vehicles you own, this should go a long way towards showing that the officer may have gotten things totally wrong at the scene. it might pay to see a lawyer.
 Signature Bill Funk Replace "g" with "a" funktionality.blogspot.com
Dave - 19 Sep 2005 23:03 GMT > All: > [quoted text clipped - 9 lines] > > Thanks.. Some judges might interpret that error as the cop having an off day. There's a chance, but if he has a good explination for it, and you were still speeding, the judge will probably stick it to you.
Dave
SheBlewHimDidYouBlowHim - 20 Sep 2005 00:08 GMT > Some judges might interpret that error as the cop having an off day. > There's a chance, but if he has a good explination for it, and you were > still speeding, the judge will probably stick it to you. > > Dave exactly, which why bother wasting your time with court, just take your gun and shoot the f.cking scumbag piece of sh.t pig
DTJ - 20 Sep 2005 01:45 GMT >> Is there any practical chance of getting a speeding ticket dismissed >> for the fact that the officer wrote down the wrong vehicle and VIN on [quoted text clipped - 13 lines] > >Dave Not a chance if you have half a brain. Don't mention anything. Just ask to question the cop, which is your right. The DA will go first, to establish the case. Then you get up, and just kind of go along, asking the cop questions, and getting the same answer as the DA. Then ask if he is sure. Nod approvingly as he says he is. Keep this up until the judge, cop and DA start to get just a little peeved. Then spring the VIN on him. Then follow up with "you were sure the car was a (whatever) and are clearly wrong, so I guess we can't put too much faith in anything you say.
223rem - 20 Sep 2005 01:58 GMT >>>Is there any practical chance of getting a speeding ticket dismissed >>>for the fact that the officer wrote down the wrong vehicle and VIN on [quoted text clipped - 23 lines] > a (whatever) and are clearly wrong, so I guess we can't put too much > faith in anything you say. LMAO! You've been reading too much Grisham, or watching too much TV.
The OP will be offered a deal by an underling of the prosecutor, and if he's smart, he'll take it.
Alex Rodriguez - 20 Sep 2005 22:24 GMT >Some judges might interpret that error as the cop having an off day. Good.
>There's a chance, but if he has a good explination for it, and you were >still speeding, the judge will probably stick it to you. Why? If he was haveing an 'off', he probaby srewed up the speed reading too. -------------- Alex
SheBlewHimDidYouBlowHim - 19 Sep 2005 23:07 GMT take your gun to the police station and shoot and kill the piece of sh.t scumbag pig.
this will guarantee that the piece of sh.t pig can't show up for court to testify.
save america, kill a pig today, KILL ALL PIGS
~^Johnny^~ - 28 Sep 2005 06:15 GMT =plonk!=
>take your gun to the police station and shoot and kill the piece of sh.t >scumbag pig. [quoted text clipped - 4 lines] >save america, kill a pig today, KILL ALL PIGS >  Signature -john wide-open at throttle dot info
Furious George - 19 Sep 2005 23:23 GMT > All: > [quoted text clipped - 9 lines] > > Thanks.. Were you or were you not speeding?
DTJ - 20 Sep 2005 01:46 GMT >> All: >> [quoted text clipped - 11 lines] > >Were you or were you not speeding? Why is that relevant?
Furious George - 20 Sep 2005 05:49 GMT > >> All: > >> [quoted text clipped - 13 lines] > > Why is that relevant? The ticket should not be dismissed if he was speeding.
SheBlewHimDidYouBlowHim - 20 Sep 2005 13:16 GMT > The ticket should not be dismissed if he was speeding. That's why you take your gun to court and shoot the scumbag piece of sh.t pig
DEATH TO COPS
DTJ - 21 Sep 2005 03:42 GMT >> >Were you or were you not speeding? >> >> Why is that relevant? > >The ticket should not be dismissed if he was speeding. No. The ticket should be dismissed if the prosecution can not prove he was speeding. Whether he was or not is irrelevant in our courts, which is exactly what liberals want.
Motorhead Lawyer - 22 Sep 2005 21:59 GMT > The ticket should be dismissed if the prosecution can not prove > he was speeding. Whether he was or not is irrelevant in our courts, > which is exactly what liberals want. You were doing fine until you decided to display your complete ignorance with the last six words. -- C.R. Krieger (BT, DT)
Bill Funk - 21 Sep 2005 13:49 GMT >> >> All: >> >> [quoted text clipped - 15 lines] > >The ticket should not be dismissed if he was speeding. Whether the ticket is dismissed or not is up to the court; more specifically, the judge. The judge was not present when the alleged speeding offence occurred. Whether or not the ticket will be dismissed will depend on whether or not the prosecution can convince the judge the offence occurred. If the evidence (both the cop's testimony and the ticket itself) can't agree on the vehicle involved, and if the evidence doesn't match the actual vehicle involved, the ticket should be dismissed. This shoiul dbe obvious; if the cop's testimony and the ticket don't agree, the court shouldn't assume the ticket, written on the spot, is in error, and the cop's memory is now clearer than it was at the scene. (Not to say this doesn't happen, but it shouldn't happen.)
Justice? You want justice? What is justice? I seriously doubt justice is meted out in many courts. Instead, the law is applied; imperfectly, at that.
 Signature Bill Funk Replace "g" with "a" funktionality.blogspot.com
SheBlewHimDidYouBlowHim - 21 Sep 2005 23:26 GMT if you shoot the scumbag piece of sh.t pig, you can get the ticket dismissed
save america, kill a cop today
KILL ALL COPS
~^Johnny^~ - 28 Sep 2005 06:26 GMT >Justice? You want justice? What is justice? I seriously doubt justice >is meted out in many courts. It just is.
 Signature -john wide-open at throttle dot info
SheBlewHimDidYouBlowHim - 28 Sep 2005 11:59 GMT >>Justice? You want justice? What is justice? I seriously doubt justice >>is meted out in many courts. > > It just is. no, it's not, their courts, their prosecutors, their pigs, any questions?
Bob - 30 Sep 2005 17:40 GMT >>>Justice? You want justice? What is justice? I seriously doubt justice >>>is meted out in many courts.
>> It just is.
>no, it's not, their courts, their prosecutors, their pigs, any questions? Ultimately it comes down to the consent of the governed. If the governed consent to corrupt judicial behavior, then that is what they want.
If the blacks could find their way to the front of a bus, then citizens should be able to put an end to this judicial shakedown racket.
SheBlewHimDidYouBlowHim - 30 Sep 2005 23:42 GMT > Ultimately it comes down to the consent of the governed. If the > governed consent to corrupt judicial behavior, then that is what they [quoted text clipped - 3 lines] > citizens should be able to put an end to this judicial shakedown > racket. yes, it's called load your gun and start killing cops.
SAVE AMERICA, KILL A COP TODAY
KILL ALL COPS
Motorhead Lawyer - 22 Sep 2005 21:56 GMT > The ticket should not be dismissed if he was speeding. Thus displaying the same lack of understanding of the legal system as those who believe O.J. Simpson should have been convicted ... -- C.R. Krieger (BT, DT)
223rem - 20 Sep 2005 02:01 GMT Most likely scenario is that someone from the prosecutor's office will offer you a deal: a $150-200 fine, and if no moving violations for 6 months, your driving record stays clean. If you dont want to go this route, you'll face a judge, and you can be *sure* he will side with the cop.
Sir Lex - 20 Sep 2005 03:08 GMT > All: > [quoted text clipped - 9 lines] > > Thanks.. This one has done the rounds a few times, but I figured it was entirely appropriate to post it again... :-)
http://www.studentz.co.nz/images/articles/3830_l.jpg
 Signature SL
"The essence of propaganda consists in winning people over to an idea so sincerely, so vitally, that in the end they succumb to it utterly and can never again escape from it"
Joseph Goebbels - Nazi Minister of Propaganda, 1933 - 1945
Harry K - 20 Sep 2005 03:16 GMT > All: > [quoted text clipped - 9 lines] > > Thanks.. Not clear. Do you have both vehicles registered in your name? If so, then it would come down to he said/she said as to which one you were driving and the cop will win.
If the vehicle in question is not one of yours, you have a fighting chance.
Harry K
Alex Rodriguez - 20 Sep 2005 22:22 GMT >All: > [quoted text clipped - 7 lines] >listed as make/model (van versus passenger car), and VIN for completely >different vehicle... Maybe. Did get the vehicle description wrong too? If he did, then you might be able to get him to testify to a speeding car matching the description of your other car. You could then testify that you were driving a different car and he pulled over the wrong car. ----------------- Alex
SheBlewHimDidYouBlowHim - 20 Sep 2005 23:56 GMT > Maybe. Did get the vehicle description wrong too? If he did, then you > might [quoted text clipped - 4 lines] > ----------------- > Alex or you could just shoot the scumbag piece of sh.t pig
DEATH TO COPS
law_ref - 21 Sep 2005 01:17 GMT I haven't read the rest of the responses, but trust me on this: the ticket IS defective, it IS a dismissal.
The information must be 100% correct or due process becomes defective PERIOD. The way you get the dismissal is by knowing how to handle it in court.
If you want more help, contact me at <law_wins@yahoo.com>. It's a fairly easy win if you know what to do.
Charles Wagner - 21 Sep 2005 02:45 GMT >I haven't read the rest of the responses, but trust me on this: the > ticket IS defective, it IS a dismissal. Maybe where you live. It is up to the judge in Texas and can result in a Judge or Jury trial - your choice. The ticket gets you into municipal court. The sworn testimony and/or evidence at the trial are used to arrive at a guilty or not guilty decision. You have the right of appeal to district court.
> The information must be 100% correct or due process becomes defective > PERIOD. The way you get the dismissal is by knowing how to handle it > in court. > > If you want more help, contact me at <law_wins@yahoo.com>. It's a > fairly easy win if you know what to do. law_ref - 23 Sep 2005 01:52 GMT It is a jurisdictional challenge, regardless of what any judge says.
How can something be "up to the judge" when the judge isn't even in a judicial capacity and is outside his ability to even hear any hint of argument because the proper procedure wasn't in place?
He can't. This is standard procedure across the nation, with corresponding parts in every single state CPL I've seen yet. My bet is, the procedure, or at least an extremely similar one, exists in all states. Equal protection....it has to.
It's only "up to the judge" when the defendant doesn't know what he's doing. Period. A person who knows what they're doing does not allow a judge to be his superior...he MAKES the judge work for HIM. They're OUR public servants, not the other way around. I demonstrated this in a civil matter today in court, and anyone who tries to understand criminal procedure can eventually get how a court works the way it does and why, and use it to his advantage.
Guardenman - 26 Sep 2005 00:03 GMT > It is a jurisdictional challenge, regardless of what any judge says. > [quoted text clipped - 14 lines] > criminal procedure can eventually get how a court works the way it does > and why, and use it to his advantage. great post!
I always get a kick ourt of all the people, who swear the judges work for the police. Most judges would toss this ticket right from the get go. Some might let it be discussed just for entertainment purposes, than toss it.
223rem - 21 Sep 2005 02:50 GMT > The information must be 100% correct or due process becomes defective > PERIOD. The way you get the dismissal is by knowing how to handle it > in court. Utter nonsense.
SheBlewHimDidYouBlowHim - 21 Sep 2005 11:47 GMT > Utter nonsense. true unfortunately, pigs can do whatever they want. that's why I keep my gun loaded at all times.
SAVE AMERICA, KILL A COP TODAY
KILL ALL COPS
Alex Rodriguez - 21 Sep 2005 16:53 GMT >> The information must be 100% correct or due process becomes defective >> PERIOD. The way you get the dismissal is by knowing how to handle it >> in court. > >Utter nonsense. Why? I had a ticket dismissed because the cop wrote the wrong county on the ticket. ------------ Alex
law_ref - 23 Sep 2005 01:47 GMT Great reply.
I like how you backed your argument up so completely and thouroughly.
What I wrote is fact. I've not only watched it first hand, it is a simple matter of bare-basic procedure.
My key point was, knowing how to handle it. Something that is likely too much a challenge for yourself.
Alex Rodriguez - 21 Sep 2005 16:52 GMT >I haven't read the rest of the responses, but trust me on this: the >ticket IS defective, it IS a dismissal. [quoted text clipped - 3 lines] >If you want more help, contact me at <law_wins@yahoo.com>. It's a >fairly easy win if you know what to do. I don't doubt this, but I've also heard people say that the officer can then turn around and right you another ticket with the correct information. Can't they do that? I know I was once threatened with this when the officer put down the wrong county on the ticket. I called him on that, and the prosecutor tried to scare me into pleading guilty by saying they could change that. I didn't fall for that tactic and got the ticket dismissed. Makes you wonder if the cops were not trying to funnel money to a particular county. -------------- Alex
Bill Funk - 21 Sep 2005 21:54 GMT >>I haven't read the rest of the responses, but trust me on this: the >>ticket IS defective, it IS a dismissal. [quoted text clipped - 11 lines] >didn't fall for that tactic and got the ticket dismissed. Makes you wonder if >the cops were not trying to funnel money to a particular county. No, the cop can't write another ticket after the fact. I can't think of a court in the US that would allow that. Just imagine how this would look to a judge: "Well, I farkled the first ticket, so (scribble, scribble) here's another." Yeah, right. That'll fly.
>-------------- >Alex
 Signature Bill Funk Replace "g" with "a" funktionality.blogspot.com
SheBlewHimDidYouBlowHim - 21 Sep 2005 23:22 GMT especially if you have your gun aimed at the cops head, he'll be a lot less likely to write another ticket
save america, kill a pig today
law_ref - 23 Sep 2005 01:45 GMT Yes the offer CAN correct his error, absolutely. I've watches suckers get taken by that.
You have to know what you're doing, or forget it. Just pay the fine and go back to the football and six pack, is what I tell people.
Bill Funk - 28 Sep 2005 00:59 GMT >Yes the offer CAN correct his error, absolutely. I've watches suckers >get taken by that. You mean to say that, in court, this cop can take the ticket, say, "Oops", rewrite the ticket with other data, and expect to have it honored? Well, maybe if the defendant doesn't object. In that case, I would be willing to think he (the defendant) is too stupid to handle money, anyway. :-/
>You have to know what you're doing, or forget it. Just pay the fine >and go back to the football and six pack, is what I tell people.
 Signature Bill Funk Replace "g" with "a" funktionality.blogspot.com
DamonDallah - 22 Sep 2005 20:49 GMT CONGRATULATIONS!
Any traffic court system in the country will dismiss your ticket. Here's what you should do:
First, plead Not Guilty at your arraignment.
At your trial the officer who ticketed you will take the stand and begin to testify against you. He has to prove that it was YOU he pulled over in a SPECIFIC type of vehicle. If he can't do this then he doesn't have a case against you.
During his testimony listen for when the officer says something like this...
OFFICER - "I clocked the individual driving in a such and such car with VIN # 1hgpy222434 (or whatever it is).
As soon as he gives out the wrong information OBJECT IMMEDIATELY!!
Tell the judge that the officer has given the wrong make and model and VIN #. The fact that all this information is wrong PROVES that you are not the same person he has pulled over.
Any sane judge in the country will dismiss your case right then and there!
I must say, you got pretty lucky this time around.
If you need further help visit my website at www.TrafficTicketSecrets.com
SheBlewHimDidYouBlowHim - 22 Sep 2005 23:41 GMT > CONGRATULATIONS! > > Any traffic court system in the country will dismiss your ticket. > Here's what you should do: First, SHOOT THE f.cking SCUMBAG PIECE OF sh.t PIG
Motorhead Lawyer - 23 Sep 2005 16:57 GMT > CONGRATULATIONS! > > Any traffic court system in the country will dismiss your ticket. > Here's what you should do: > > First, plead Not Guilty at your arraignment. <SNIP>
> During his testimony listen for when the officer says something like > this... [quoted text clipped - 7 lines] > VIN #. The fact that all this information is wrong PROVES that you are > not the same person he has pulled over. Apparently, you haven't actually litigated this before. All you're doing by this is digging yourself a huge hole of incompetence out of which the judicial officer is likely to make it very difficult to emerge.
There is *nothing objectionable* in the officer's testimony. He believes it to be truthful and accurate and he may testify as such. The fact that he is incorrect is not properly introduced until later, in cross examination or impeachment of his testimony. If you don't know how to do that correctly, then *you need an attorney* to represent you to get it done right.
> Any sane judge in the country will dismiss your case right then and > there! Uh ... yeah, right. Whatever you say.
> I must say, you got pretty lucky this time around. Well, he may be if he can ignore the sage 'advice' of half-informed morons like you.
> If you need further help visit my website at > www.TrafficTicketSecrets.com Or just shoot yourself in the foot right now ... -- C.R. Krieger (I don't play a lawyer on TV, but the states of Ohio and Wisconsin assure me that I am one.)
~^Johnny^~ - 28 Sep 2005 06:13 GMT >All: > [quoted text clipped - 9 lines] > >Thanks.. If I were the judge, I would ask you:
"Were you driving the vehicle when it was stopped and cited, and were you speeding?"
If you answered truthfully (you know damn well you were speeding), but mentioned the technicality, I just might let you slide.
But I am not a judge. ;`(
 Signature -john wide-open at throttle dot info
SheBlewHimDidYouBlowHim - 28 Sep 2005 12:00 GMT > If I were the judge, I would ask you: > [quoted text clipped - 5 lines] > > But I am not a judge. ;`( if I were the judge, I would say, why didn't you kill the piece of sh.t pig ?
Furious George - 28 Sep 2005 13:50 GMT > > If I were the judge, I would ask you: > > [quoted text clipped - 8 lines] > if I were the judge, I would say, why didn't you kill the piece of sh.t pig > ? Has George W. contacted you about replacing Sandy D.? You have just the right judicial temperment.
Bill Funk - 28 Sep 2005 23:41 GMT >>All: >> [quoted text clipped - 14 lines] >"Were you driving the vehicle when it was stopped and cited, and were >you speeding?" If you answered that question at all, you would be demonstrating that you're too stupid to be handling money, and the court *should* take some from you. There's nothing like being asked to incriminate yourself by a judge.
>If you answered truthfully (you know damn well you were speeding), but >mentioned the technicality, I just might let you slide. > >But I am not a judge. ;`(
 Signature Bill Funk Replace "g" with "a" funktionality.blogspot.com
Furious George - 29 Sep 2005 10:51 GMT > >>All: > >> [quoted text clipped - 19 lines] > some from you. > There's nothing like being asked to incriminate yourself by a judge. Just live your life honestly. Don't break the law and you won't have any problems.
OTH if you are an evil speeder, then you should be publicly shamed. Why do you have to endanger everyone so that you can save a few seconds of your precious time. Is the thrill of going too fast really worth the increased danger you put everyone else in?
> >If you answered truthfully (you know damn well you were speeding), but > >mentioned the technicality, I just might let you slide. > > > >But I am not a judge. ;`( Bill Funk - 29 Sep 2005 17:08 GMT >> If you answered that question at all, you would be demonstrating that >> you're too stupid to be handling money, and the court *should* take [quoted text clipped - 8 lines] >of your precious time. Is the thrill of going too fast really worth >the increased danger you put everyone else in? Do you *really* believe that sped, in and of itself, is dangerous?
 Signature Bill Funk Replace "g" with "a" funktionality.blogspot.com
news.readfreenews.net - 29 Sep 2005 20:29 GMT > Do you *really* believe that sped, in and of itself, is dangerous? yes, you might flunk your spelling test (ok, couldn't resist)
Matthew Russotto - 30 Sep 2005 04:02 GMT >Just live your life honestly. Don't break the law and you won't have >any problems. If too many people do that, they'll just make more laws.
 Signature There's no such thing as a free lunch, but certain accounting practices can result in a fully-depreciated one.
SheBlewHimDidYouBlowHim - 30 Sep 2005 12:32 GMT > If too many people do that, they'll just make more laws. very good, someone that understands how the "system" REALLY works.
it's nothing but let's ripoff some more money from people. must keep the cash machine flowing
Bob - 30 Sep 2005 17:38 GMT >> If too many people do that, they'll just make more laws.
>very good, someone that understands how the "system" REALLY works.
>it's nothing but let's ripoff some more money from people. must keep the >cash machine flowing "One of the things that incites a resentment against the police is that the right to drive is a privilege extended by the State and subject to its whim and caprice - enforced by police as if it was a 'moral imperative', and the source of a huge percentage of a jurisdiction's income/operating costs. 'Traffic stop' means that every citizen is subject to the intimate scrutiny of the King's Men for any reason or none - not what this country is supposed to be about. The police are supposed to have a *reason* to interdict a free man, not just sit fishing by the side of the highway."
Bob - 30 Sep 2005 17:36 GMT >>Just live your life honestly. Don't break the law and you won't have >>any problems.
>If too many people do that, they'll just make more laws. "Did you really think we want those laws observed? We want them to be broken. You'd better get it straight that it's not a bunch of boy scouts you're up against. We're after power and we mean it."
"There's no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren't enough criminals one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws."
"Who wants a nation of law abiding citizens? What's there in that for anyone? But just pass the kind of laws that can neither be observed nor enforced or objectively interpreted and you create a nation of law-breakers and then you cash in on guilt. Now that's the system, that's the game and once you understand it you'll be much easier to deal with."
--Ayn Rand, "Atlas Shrugged"
Bob - 30 Sep 2005 17:34 GMT >Just live your life honestly. Don't break the law and you won't have >any problems. That is so naive as to be ludicrous.
Ever hear of quotas?
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