I really was speeding. There's no doubt about that. I was busy
talking to my wife and completely spaced the speed limit drop from 45
to 30.
Got an eight-two dollar ticket, and was prepared to shove it into the
envelope when I noticed that the car was all wrong. The plate he gets
right. He also nails the color. But the rest doesn't remotely
resemble my car. He claims I'm driving a 2000 4-door Honda. In fact,
my car is half a decade older -- a 1995 Chevy Cavalier. So my idea was
I would go in there and contest the ticket on the grounds that this
ticket obviously belongs to the guy driving the Honda.
Anyone have any experience where a disreprency on a ticket has voided
it or reduced the penalty? I've always heard these stories of people
contesting tickets on rather flimsy grounds and winning, but wasn't
sure if these were old wives tales (usually the guys who tell me that
only a fool would pay a speeding ticket are the same ones who claim we
could run our car engines off water if it weren't for an oil company
conspiracy).
It's one of those things. To contest the ticket I have to take off
work and drive half an hour to the court house. I would still come out
a little ahead if I actually recouped my 82 dollars, but if I lost than
I'd really loose.
Anyway, if anyone has experience in these matters I'd appreciate the
insight.
Birna
fweddybear - 14 Oct 2006 15:40 GMT
>I really was speeding. There's no doubt about that. I was busy
> talking to my wife and completely spaced the speed limit drop from 45
[quoted text clipped - 25 lines]
>
> Birna
Well, what does your registration say?? If it says a Honda, then you
might be in for a surprise...misuse of plates....if it says Cavalier on it,
well I think the cop would be in error and the charges have a good chance of
being dropped....
good luck and let us know how you make out....
Fwed
Rodan - 14 Oct 2006 17:04 GMT
Got an $82 speeding ticket (didn't notice that the speed limit had
dropped from 45 to 30). Was about to mail in the fine and noticed
that the car description was wrong. The plate and the color are
right but the car is described as a 2000 4-door Honda. My car is
a 1995 Chevy Cavalier.
Should I appear and contest the ticket on the grounds that it
belongs to someone else driving a Honda? I would have to take
off work and drive half an hour to the court house.
_____________________________________________________
There is a 0 per cent probability of the ticket being dismissed
because of conflicting evidence regarding the make of the car
described in the <ticket you signed>. Do not use this argument.
An angry judge will impose at least the full fine and may ask
you to explain why a Honda's plates are on your Chevy
You could appear and offer the defense that although you did not
notice the speed reduction sign you believed it was safe to drive
at the ticketed speed because the traffic was well-spaced and
light at that time of day, and that you will pay more attention to
traffic signs in the future. Some possible outcomes:
1.) <Probability 6 per cent>:
The ticket will be dismissed because the judge agrees you were
obeying the basic speed law by traveling at a safe speed, thereby
overcoming the prima facie speed evidence.
2.) <Probability 42 per cent>:
The fine will be reduced to $62 because
a. your basic speed law argument makes some sense, or;
b. The court reduces fines for those who bother to show up.
3.) <Probability 52 per cent>:
The fine will be $82.)
If a guilty verdict will raise your insurance rates significantly,
even a 6 per cent chance of dismissal may make it worth
appearing. Otherwise it's probably best to just mail in
the check and be more observant in the future.
Good luck.
Rodan. <------ lots of experience in traffic courts
hls - 14 Oct 2006 17:35 GMT
"Rodan" <Rodan@verizon.NOT> wrote in message
> There is a 0 per cent probability of the ticket being dismissed
> because of conflicting evidence regarding the make of the car
> described in the <ticket you signed>. Do not use this argument.
Absolute bullshit... Talk to a lawyer.. He might get you off, but YOU KNOW
YOU ARE WRONG.
Pay your ticket like a responsible citizen and get on with life.
Rodan - 14 Oct 2006 19:18 GMT
"Rodan" wrote:
There is a 0 per cent probability of the ticket being
dismissed because of conflicting evidence re the
make of the car described in the TICKET YOU SIGNED.
____________________________________________
Absolute bullshit... Talk to a lawyer.. He might get
you off, but YOU KNOW YOU ARE WRONG. Pay your
ticket like a responsible citizen and get on with life.
____________________________________________
"HLS" has a valid point about legal help. If you are
willing to pay for an attorney, the probabilities change.
An attorney familiar with the particular court can give
you much more accurate advice.
Don't be discouraged by moralistic cheap shots. If
you are driving safely and demonstrably obeying the
basic speed law, you are being a responsible citizen.
Good luck.
Rodan.
Hal - 14 Oct 2006 18:05 GMT
> Got an eight-two dollar ticket, and was prepared to shove it into the
> envelope when I noticed that the car was all wrong. The plate he gets
[quoted text clipped - 3 lines]
> I would go in there and contest the ticket on the grounds that this
> ticket obviously belongs to the guy driving the Honda.
I prepared a defense for a friend who was in the exact same situation
you are in. He won his case.
As always, your mileage may vary. Good luck.
Chris
Ken - 14 Oct 2006 18:35 GMT
> I really was speeding. There's no doubt about that. I was busy
> talking to my wife and completely spaced the speed limit drop from 45
[quoted text clipped - 25 lines]
>
> Birna
If there are points associated with the fine (penal caode) that is how
your insurance company finds out and raises your rate, then plea
bargain for the minimum violation which becomes a win win situation.
You win cause there are no points and a lesser dollar figure and the
county wins cause they make some money.
Bob M. - 14 Oct 2006 19:28 GMT
>I really was speeding. There's no doubt about that. I was busy
> talking to my wife and completely spaced the speed limit drop from 45
[quoted text clipped - 3 lines]
> envelope when I noticed that the car was all wrong. The plate he gets
> right. He also nails the color. But the rest doesn't remotely
See www.motorists.org for more info.
Beloved Leader - 15 Oct 2006 01:26 GMT
> The plate he gets
> right. He also nails the color. But the rest doesn't remotely
> resemble my car. He claims I'm driving a 2000 4-door Honda. In fact,
> my car is half a decade older -- a 1995 Chevy Cavalier.
I wonder if the officer who wrote the ticket is one of those officers
who have video cameras mounted on their dashboard. Aimed directly
ahead. At the license plate. The one on your car.
Hal - 15 Oct 2006 06:24 GMT
> > The plate he gets
> > right. He also nails the color. But the rest doesn't remotely
[quoted text clipped - 4 lines]
> who have video cameras mounted on their dashboard. Aimed directly
> ahead. At the license plate. The one on your car.
Which would make said officer look like a flaming idiot because he
wrote the wrong type of vehicle down on the ticket, thus invalidating
the whole thing. If he got that wrong, how do we know he didn't get the
speed wrong? Obviously he wasn't paying attention to what he was doing
while writing the ticket, how do we know he was paying attention with
his spiffy radar gun?
Honestly, of all the speeding tickets I've gotten(about 3 or 4) only
ONE officer brought in a video camera, which actually improved my case.
The ticket was dismissed. I've only lost once and went to traffic
school for it. It pays to fight the tickets, most of them are bullshit
entrapment-based anyway.
Chris
denaman@hotmail.com - 15 Oct 2006 13:45 GMT
Thanks everybody for taking the time to respond. Appreciate it.
TeGGeR® - 15 Oct 2006 03:05 GMT
denaman@hotmail.com wrote in news:1160834036.777733.268840
@h48g2000cwc.googlegroups.com:
> I really was speeding. There's no doubt about that. I was busy
> talking to my wife and completely spaced the speed limit drop from 45
[quoted text clipped - 5 lines]
> resemble my car. He claims I'm driving a 2000 4-door Honda. In fact,
> my car is half a decade older -- a 1995 Chevy Cavalier. So my idea was
Buddy, call a paralegal. This is why paralegals exist. He can tell you
whether or not you have a ghost of a chance to beat the rap.
Paralegals are cheaper -- and often more experienced -- than lawyers.

Signature
TeGGeR®
02civic - 16 Oct 2006 02:19 GMT
> I really was speeding. There's no doubt about that. I was busy
> talking to my wife and completely spaced the speed limit drop from 45
[quoted text clipped - 21 lines]
> I'd really loose.
> in new jersey if any of the info on the ticket is incorrect by even a letter in a name or a street name for instance the ticket is disallowed.ask a lawyer about your states laws
> Anyway, if anyone has experience in these matters I'd appreciate the
> insight.
>
> Birna
phaeton - 16 Oct 2006 21:36 GMT
> I really was speeding. There's no doubt about that. I was busy
> talking to my wife and completely spaced the speed limit drop from 45
> to 30.
FWIW, $82 isn't a whole lot of money in the grand scheme of things.
You *were* speeding and you know it. $82 isn't a whole lot to waste
the time about.
For comparison:
I was once the slow car in a pack of speeding cars, and since I was in
the rear by time the cop came out, I got the $285 ticket. I was
actually doing 30 in a 25, not the 41 I was ticketed for.
Something to consider.
-phaeton
Hank - 22 Oct 2006 15:10 GMT
You might want to try this web site to get some help.
http://www.motorists.org/
I've been a member for years and their web site is PRO DRIVER rights.
Hank
>> I really was speeding. There's no doubt about that. I was busy
>> talking to my wife and completely spaced the speed limit drop from 45
[quoted text clipped - 12 lines]
>
>-phaeton
DeserTBoB - 22 Oct 2006 20:37 GMT
>You might want to try this web site to get some help.
>http://www.motorists.org/
>
>I've been a member for years and their web site is PRO DRIVER rights. <snip>
Screw these "cheat on tickets" sites and firms. If you were speeding,
pay the fine and slow down to a safe speed. Belly aching speeders
bitching about paying tickets is one way to get me torqued in record
time!
Hank - 22 Oct 2006 23:10 GMT
Before judging... check out the site -- you may be surprised. If you
don't enjoy blowing your own smoke.
Hank
>>You might want to try this web site to get some help.
>>http://www.motorists.org/
[quoted text clipped - 5 lines]
>bitching about paying tickets is one way to get me torqued in record
>time!
Ashton Crusher - 17 Oct 2006 06:44 GMT
>I really was speeding. There's no doubt about that. I was busy
>talking to my wife and completely spaced the speed limit drop from 45
[quoted text clipped - 25 lines]
>
>Birna
I had a similar issue in court many years ago. When I raised the
issue the judge said it could be grounds for dismissal but the cop
could write another correct ticket and give it to me. I was young and
foolish and didn't pursue it. If I were you I'd go to court and use
it to cast doubt on the cops testimony. Supposedly they also write
down a short report on the back of their copy of the ticket to remind
them what to say in court. If that also has the wrong car listed its
more indication of doubtful testimony. Traffic court is a kangaroo
court so you never know what's going to happen, aside from the fact
that almost everyone gets found guilty regardless of evidence.
clifto - 22 Oct 2006 20:45 GMT
> I had a similar issue in court many years ago. When I raised the
> issue the judge said it could be grounds for dismissal but the cop
> could write another correct ticket and give it to me.
Seems to me you could have had the second ticket dropped on grounds of
double jeopardy, having had the court dismiss the first one. But IANAL.

Signature
"...by March 2000, President Clinton informed Congress he could no longer
certify that 'North Korea is not seeking to develop or acquire the capability
to enrich uranium.'"
<http://www.pbs.org/newshour/bb/asia/northkorea/nuclear.html>
DeserTBoB - 23 Oct 2006 02:50 GMT
>Seems to me you could have had the second ticket dropped on grounds of
>double jeopardy <snip>
"Double jeopardy" only applies to criminal procedings...not
infractions of civil codes.
clifto - 24 Oct 2006 19:35 GMT
>>Seems to me you could have had the second ticket dropped on grounds of
>>double jeopardy <snip>
>
> "Double jeopardy" only applies to criminal procedings...not
> infractions of civil codes.
As long as there are criminal penalties for infractions, they're criminal
laws. Dunno about where you are, but in Illinois some infractions of ILCS
625 can get you jail time. I don't believe they can intersperse paragraphs
alternating between civil code and criminal code, but again, IANAL.

Signature
"...by March 2000, President Clinton informed Congress he could no longer
certify that 'North Korea is not seeking to develop or acquire the capability
to enrich uranium.'"
<http://www.pbs.org/newshour/bb/asia/northkorea/nuclear.html>
ed - 23 Oct 2006 18:30 GMT
at least go fight the thing and get the fine reduced and taker a chance the
cop wont appear.
I say if he got everything else wrong, how do we know he didnt clock a
differant car, but was able to catch up to you so he gave it to you?