Got Speeding Ticket and I wasn't even there!

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Didnt_Speed

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I got a ticket a couple of months ago when I was on my way to my bowling league. I rarely speed and haven't gotten a ticket for maybe 5 or 6 years. This time I was on time and not in a hurry, but I wasn't really looking at the speedometer, not daydreaming just didn't think I was going fast enough to be concerned. The speed limit was 55 and I rarely go over 50 except maybe down a hill where if I feel I am going to fast I will check and might be going over 55 maybe even 60. Well the cop lights went on, I checked my speed it was 50 but had slowed a bit, and I looked for a place to pull over to let him by, to my suprise he pulled behind me.

The cop asked me how fast I was going, I said I didn't know but doubt I was speeding. He said he caught me on laser at 76, I told him that there was no way I was going that fast because I would have to be fully aware of that speed. But before theat he asked me how I came, I told him I turned into that road at the last major intersection, I asked him where he was because I didn't see him, he said he was at the church I had just past across the street.

I decided to go to trail, partly because it was just before Christmass and a trial would put off paying the ticket till after Christmass but mostly because I was innocent. I didn't think I would win but decided it was something that I should do, didn't go for a jury trial because I didn't think it was worth the $88 bond. I had even gone to the church and took some photo's because part of the road was obscured from there. Well when I had my bench trial I found that the officer, claimed he caught me about a mile before the intersection that I had turned onto. In other words he lied about the church and I never passed him. He claimed that he never lost sight of me, yet he didn't pace me and he pulled me over almost 3 miles from the site where he claimed he measured my speed. The judge got upset when I was talking about a church that I thought the officer measured my speed because the officer never mentioned it. I said I thought that the officer had told me that. When I explained that I had pulled onto that road at an intersection past where the officer had claimed he measured my speed the judge talked about how she had ridden with the officers to see how they operate and implied she knew I was lying. I told her the only thing I could think of was for her to call my wife on my cell phone, she could testify that I would not have gone the route I testified too, the officer said that wouldn't work because she wasn't in the car, then she (the judge) angily said that was enough and found me guilty.

Considering appealing the case, not so much because of the money but because I am now worried about getting bogus tickets again, considering going to my bowling leauge by back roads, or strapping a dummy into the passenger seat and carrying a small recorder.
 
Considering appealing the case, not so much because of the money but because I am now worried about getting bogus tickets again, considering going to my bowling leauge by back roads, or strapping a dummy into the passenger seat and carrying a small recorder.

You need to realize that many traffic courts are about revenue and not about safety. The officer's word is going to be accepted and you are going to be found guilty. This is just a system of raising tax money for the county/city/state.

In addition judges have heard every excuse for speeding under the sun. If you intend to contest a speeding ticket it is necessary that you either retain an attorney or do your homework and not just walk in unprepared. This includes obtaining the officers notes, video tape of the stop, etc.

It is also a good idea to attend the same court a week or two before your own trial and learn the procedures. Based on your post you have no grounds for an appeal.
 
For any appeal you need to show why the original court's decision was mistaken due to law, or so wrong that the only explanation can be an arbitrary or capricious decision. It's not a free pass for a new review and won't get you anywhere if you don't have something new to say either... the trial court is where you are supposed to make your case. The appeal is limited to showing the mistake or error, not a trial on the facts again.

Originally posted by Didnt Speed
I got a ticket a couple of months ago when I was on my way to my bowling league. I rarely speed and haven't gotten a ticket for maybe 5 or 6 years. This time I was on time and not in a hurry, but I wasn't really looking at the speedometer, not daydreaming just didn't think I was going fast enough to be concerned. The speed limit was 55 and I rarely go over 50 except maybe down a hill where if I feel I am going to fast I will check and might be going over 55 maybe even 60. Well the cop lights went on, I checked my speed it was 50 but had slowed a bit, and I looked for a place to pull over to let him by, to my suprise he pulled behind me.

The cop asked me how fast I was going, I said I didn't know but doubt I was speeding. He said he caught me on laser at 76, I told him that there was no way I was going that fast because I would have to be fully aware of that speed. But before theat he asked me how I came, I told him I turned into that road at the last major intersection, I asked him where he was because I didn't see him, he said he was at the church I had just past across the street.

I decided to go to trail, partly because it was just before Christmass and a trial would put off paying the ticket till after Christmass but mostly because I was innocent. I didn't think I would win but decided it was something that I should do, didn't go for a jury trial because I didn't think it was worth the $88 bond. I had even gone to the church and took some photo's because part of the road was obscured from there. Well when I had my bench trial I found that the officer, claimed he caught me about a mile before the intersection that I had turned onto. In other words he lied about the church and I never passed him. He claimed that he never lost sight of me, yet he didn't pace me and he pulled me over almost 3 miles from the site where he claimed he measured my speed. The judge got upset when I was talking about a church that I thought the officer measured my speed because the officer never mentioned it. I said I thought that the officer had told me that. When I explained that I had pulled onto that road at an intersection past where the officer had claimed he measured my speed the judge talked about how she had ridden with the officers to see how they operate and implied she knew I was lying. I told her the only thing I could think of was for her to call my wife on my cell phone, she could testify that I would not have gone the route I testified too, the officer said that wouldn't work because she wasn't in the car, then she (the judge) angily said that was enough and found me guilty.

Considering appealing the case, not so much because of the money but because I am now worried about getting bogus tickets again, considering going to my bowling leauge by back roads, or strapping a dummy into the passenger seat and carrying a small recorder.
 
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