Fighting the fuzz

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doubledown68

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Dec 2, 2004
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OK, here's the scenario:

On Wednesday evening, returning to the office from a far away hoops game, I was pinched for speeding. Last stretch of road through a medium-small town, only driver on the road for the ride through, and the cop said I was doing 41 in a 30.

Was I traveling above the limit? Yeah. Was I doing 41? No. ****ing. Way. But whitey said I was.

Some things I'd like to point out:
1. When whitey first hit his lights to follow me, he was to my right, facing oncoming traffic on a two-lane road with no shoulder. Who's the bigger danger to motorists? Me puttering along by my lonesome, or him sitting in the dark in a black car?

2. My car, bought new in 03, recently hit 96K miles, and at least 75 percent of that, if not more, is work related. Never had a driving issue in my current shop, because I know not to go that fast through small towns.

3. He said the radar is accurate to plus or minus 3 mph. So can the ****ing thing be tweaked to make passing cars faster than what they are? Kinda like a scale? My absolutely ignorant guess is yes, it can. If that's the case, I wasn't doing no ****ing 41 mph.

The fine is $75. Believe it or not, I've got a sense of fairness about the issue. If I felt I made a $75 mistake, then I'd have no problem with it. If I felt I inadvertently endangered other drivers, I'd be fine with it. But I was the ONLY soul on the road. My (ample) gut feeling is that this ****er was bored and tired of sitting in his car on a lonely Wednesday night.

I've decided that if I can argue the ticket without incurring more money, I'm going to. No, I'm not hiring a lawyer. If $75 buys me the chance to chew on a judge's ear, I'm doing it Good Will Hunting style.

By now you either think I'm whiny or righteous. I just don't like it when people try to stick a $75 pole up my ass. So should I fork over the money, or stand tall before the bench, if the bench doesn't demand more dough?
 
Fight it if you can do so reasonably, but try not to get into any unnecessary arguments. Saying the cop was a greater danger to motorists might not sit well, especially if he shows up. The ticket's for speeding (right?), so adhere to that argument - if he said the radar was accurate to +/-, there may be some way the judge could knock it down a notch, given your clear history.

But definitely fight it. Gotta stick it to the man.
 
Challenge the ticket in court. Chances are, with a plus-11 ticket, either the cop won't show up or the judge will reduce it so you won't get any points and possibly drop the fine a few bucks. Just don't be an asshole and you should be OK.
 
Just showing up in court and pleading not guilty will get you a reduction to fewer mph over. In my state, the fine stays the same but the points are reduced.

Of course, you also could go to an auto shop and have them give you a statement saying your speedometer was off and they fixed it. That could get you down to an equipment violation.
 
The only argument I could possibly see you winning is on the idea of the radar being inaccurate. See if there is a way to pull the records for when the radar was last calibrated. If it wasn't at the start of the cop's shift, you might have a case. No idea if the +/- 3 MPH standard is tolerated in your state, but offhand that sounds suspicious as hell to me.
 
Pay the fine. Then take a dump in a paper bag, light it on fire and leave it on The Man's front porch.
 
That's close enough that you should fight it.

And we don't all drive 24 in 30-mph zones.
 
So who's "whitey" and what are you implying but using the word?
Are you black and saying this wouldn't have happened if you were white?

Or is "whitey" some regional euphemism for all cops?
 
Whitey had me over to the men's club Friday for lunch. He's cool.
 
You get some interesting stuff when you google images "whitey."
We'll go with this, though:
aboutus-image.jpg
 
doubledown68 said:
OK, here's the scenario:

On Wednesday evening, returning to the office from a far away hoops game, I was pinched for speeding. Last stretch of road through a medium-small town, only driver on the road for the ride through, and the cop said I was doing 41 in a 30.

Was I traveling above the limit? Yeah. Was I doing 41? No. ****ing. Way. But whitey said I was.

Some things I'd like to point out:
1. When whitey first hit his lights to follow me, he was to my right, facing oncoming traffic on a two-lane road with no shoulder. Who's the bigger danger to motorists? Me puttering along by my lonesome, or him sitting in the dark in a black car?

2. My car, bought new in 03, recently hit 96K miles, and at least 75 percent of that, if not more, is work related. Never had a driving issue in my current shop, because I know not to go that fast through small towns.

3. He said the radar is accurate to plus or minus 3 mph. So can the ****ing thing be tweaked to make passing cars faster than what they are? Kinda like a scale? My absolutely ignorant guess is yes, it can. If that's the case, I wasn't doing no ****ing 41 mph.

The fine is $75. Believe it or not, I've got a sense of fairness about the issue. If I felt I made a $75 mistake, then I'd have no problem with it. If I felt I inadvertently endangered other drivers, I'd be fine with it. But I was the ONLY soul on the road. My (ample) gut feeling is that this ****er was bored and tired of sitting in his car on a lonely Wednesday night.

I've decided that if I can argue the ticket without incurring more money, I'm going to. No, I'm not hiring a lawyer. If $75 buys me the chance to chew on a judge's ear, I'm doing it Good Will Hunting style.

By now you either think I'm whiny or righteous. I just don't like it when people try to stick a $75 pole up my ass. So should I fork over the money, or stand tall before the bench, if the bench doesn't demand more dough?

take the above line(s) of **** into court and the judge will ram it up your ass.

you admit you were speeding. you admit you were wrong. pay the ****ing ticket and move on.
 
spnited said:
So who's "whitey" and what are you implying but using the word?
Are you black and saying this wouldn't have happened if you were white?

Or is "whitey" some regional euphemism for all cops?

I'm white. Cop was white. Whole town is white. Like Mike said "Whitey" is the man, doleing out suspect fines to either ensure his ascention in the ranks or get the town budget back in the black.

Hell, I don't know the motivation. It wasn't for the protection of others, that much I do know.
 
dixiehack said:
The only argument I could possibly see you winning is on the idea of the radar being inaccurate. See if there is a way to pull the records for when the radar was last calibrated. If it wasn't at the start of the cop's shift, you might have a case. No idea if the +/- 3 MPH standard is tolerated in your state, but offhand that sounds suspicious as hell to me.

Yeah, that's what a lawyer would do.

In the late 1990s I got a ticket (illegal turn on red) that was unfair and I argued it in court and lost. But the judge was an asshole. He repeatedly told people he had a full load, hurry it up. Interrupted me while I questioned the cop. **** him. I decided I was going to appeal it just so I could make the judge look like an ass in front of other lawyers and judges -- I wanted to get that whiney, pissy attitude from the transcripts so the prosecutor's office and the appellate judge could laugh at his expense.

Didn't want to spend the money on a lawyer. I learned how to write an appellate brief and spent an absurd amount of time in the law library. And I won. No one was more surprised than I was.

Now the funny thing was, a couple weeks before the brief was due, I began to get nervous. I called a local lawyer and asked him if I could pay him to look it over. He said, "No, I'm sure it's just fine. I think you should learn dentistry next time you have a toothache."
 
Get the lawyer. You go up against a cop in court, you'll lose. You'll pay the ticket, then you'll give what you would have given to the lawyer to your insurance company about 20 times over the next three years.

Trust me on this one -- I've had more speeding tickets than I care to count (which, I know, basically makes me Not Very Smart.) I learned the hard way that righteous indignation is not an affirmative defense.
 
Just paid two speeding fines yesterday.

The lesson I learned? Stop speeding.

So ... stop speeding.
 
I said this on another thread: Call the court and ask the secretary to lower it a couple MPH. 9 MPH over won't go on your insurance, which is probably more important than the $75 anyway, especially if you have any other tickets/accidents in the near future.
It might not change the amount of the ticket, but you really don't want it going on your insurance.
 

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