Would you fight this speeding Ticket?

[pitbulldell]

Yesterday morning i got pulled over by a state trooper here in Orlando Fl. He says i was doing 64 in a 35. I own a 95 Explorer 4.0 XLT with 227,000 miles it and the distance from where i turned onto the street to where i passed the cop was less than 1/4 mile. I have 295/45/20's on my truck and there is no way i could have reached 64mph from turning onto that street to where i passed him unless i stomped on the gas like i was in a drag race and even then with the tires i have it would be almost impossible. My truck is only rated doing 0-60 in 11.8 seconds from the factory brand new back in 95.The trooper then said well today is you lucky day i will just write you for 44 in a 35 and then gave me the ticket.But today when traveling the same road i noticed the speed limit sighn said 45.So even if i was doing the 44 that he put on the ticket, which seem more plausible i was not speeding according to the posted speed limit.So with all this would you take it to court and fight it or just pay the fine and take the drivers class?

 

[Dan Whitaker]

I say fight it.

 

[yavapaires]

Have you changed the speedo drive gear since changing tires?

 

[88racing]

Fight it....

 

[SavaX]

I'd say fight it. Even if you lose, there's no penalty, you just have to do traffic school anyways.

 

[pitbulldell]

Have you changed the speedo drive gear since changing tires?

No I have not changed either

 

[Paraphoe]

ALWAYS fight, even if you have no ground to stand on. You mostly likely will get it reduced, at least. I'd be surprised if this one wasn't thrown out entirely.

 

[Dan Whitaker]

Have you changed the speedo drive gear since changing tires?

There is only about 1.5" differnce between the stock tire diameter (235/75/15) and the tires he is running. It would not throw the spedometer off 19 MPH.

 

[GCDMD]

Sounds like the state PD is doing some active fund raising... I say fight it too.

 

[pitbulldell]

And when the Trooper was handing me the ticket he said if i took it to court he would show up and tell the judge that i was really doing the 64 in the 35 and suggest that my driver liscence be suspended and that i take a 40 hr drivers class for doing almost 30 over the limit.And that really pissed me off cause now i feel that he was threatenin me not to fight it.

 

[RomeovilleIL]

I would be careful about how you approach this. Do not walk into traffic court and say "my speedometer is wrong since I modified my truck." The judge & states attorney can slap extra charges on you as they please.

I am not giving you legal advice, just personal experience:

You want to dispute the ticket solely based on a mistake of the officer about the legal limit in that location vs. your recorded speed on the ticket. If the ticket says where it was issued all the better. Get a picture of the speed limit sign and street showing where it is located & where you were pulled over. Be polite and talk with the states attorney before the court is in session. If you are sincere and show them a valid mistake, you have a good chance they will drop the charges.

 

[Paraphoe]

What did you do to piss the guy off? That's kinda surprising.

 

[pitbulldell]

What did you do to piss the guy off? That's kinda surprising.

I did nothin, I just pulled over and handed him my info.When i spoke i said yes sir no sir and never raised my voice or tried to argue.

 

[ERUSH97XLT]

Did the cop have powdered sugar on his face? : You might have interrupted his coffee break...

I say fight it, you have nothing to lose.

 

[Dan Whitaker]

Did the cop have powdered sugar on his face? : You might have interrupted his coffee break...

I say fight it, you have nothing to lose.

I wonder if the cop's name is Roscoe P. Coltrane.

 

[jnb0111]

i'd say fight it if you're absolutely sure you're in the right. Maybe where he clocked you the speed limit was still 45, and it reduced to 35 right where you stopped. That said, technically, speeds aren't allowed to be altered as a "courtesy". If you fight it, and the trooper shows up and says "actually, he was going faster", then the judge will very likely say it's an invalid citation, and dismiss it.

 

[Mudboy]

your ticket should have the location of where the pullover happened. At this point it should be written proof that you were indeed going 1mph under the speed limit. I wouldn't so say fight it, but I would plead not guilty and talk to the prosecutor. In jersey you don't have to plead guilty or not guilty until the morning of court. The judge asks if you have plead not guilty, go out in the hall and speak with the prosecuter. Talk to him/her and show the pictures of the location with the 45mph speed limit sign. At this point I would guess that it would be dropped and you'd only have to pay court cost. The date on your ticket probably matches up with the next court date for the municipality that it occured. I'd just show up and when the judge does roll call, there will be you and a couple others more than likley then he'll ask for your names. Usually the only time the cop will show up is if you callenge the court and fight what they issue you. Once again this is based off of Jersey courts that I have been to.

 

[BrianDye]

And when the Trooper was handing me the ticket he said if i took it to court he would show up and tell the judge that i was really doing the 64 in the 35 and suggest that my driver liscence be suspended and that i take a 40 hr drivers class for doing almost 30 over the limit.And that really pissed me off cause now i feel that he was threatenin me not to fight it.

I say fight it. For one, what he said is absolutely ridiculous, and unprofessional IMO, two, most anyone ive known who's fought a ticket, the officers havent showed up 90% of the time, so the tickets were dropped.

I think you'll be good man

 

[Paraphoe]

I say fight it. For one, what he said is absolutely ridiculous, and unprofessional IMO

Be that as it may, do NOT bring this up in court, because at that point it's a he-said-she-said finger pointing argument which the LEO with ALWAYS win.

Stick to provable facts and don't even bring up what he said to you, lest the judge think you're a whiner or making stuff up.

 

[Dan Whitaker]

It's getting to the point that we civilians need in dash recorders to bust the lying/dirty cops.