Speeding ticket technicality question

[zebracoy]

A quick plea for advice for those who may know:

I received a speeding ticket yesterday in my hometown while on my way to cover an event. I didn't believe I hit the 51 mph the officer said I did, but then again, since I was running late, it's entirely possible (it was a 25 mph zone, and in my eight years living in the area, I've never seen an officer on the road/always gone at least 40).

Here's the point: While handing the officer my license, he asked if the address listed was my current address. I said yes, it was for now, but that I'd be moving in the next two weeks to a new address. On the speeding ticket, he wrote the new address - which is not listed on the license, nor anywhere else - and sent me on my way.

I have not applied for any change-of-address requests on anything since the deal came through in the past three days - mail, bank accounts, taxes, paychecks, etc. Also, I live with/care for my elderly mother, and the new house will be rented from the previous owners in her name until that unfortunate day comes, at which point I will purchase the home from them. Thus, there was no way they could have looked up any property transactions. Suffice to say, I could have said I will be moving to 123 Main Street and he would have written it down.

Because at the time of the infraction I did not live at the new address - and again, I won't for two more weeks at least - do I have any case here on throwing the ticket out based on a technicality?

Help is appreciated. As you can imagine, the fine for 51 in a 25 is ridiculously high.

 

[PCLoadLetter]

No.

 

[Pete Incaviglia]

I would think you could fight it and say "Hey, this ain't me. I don't live there."

End of story.

I got a ticket for running a stop sign on a street called McIntosh. The cop wrote it happened "at the intersection of MacIntosh and Main streets."

I had two cop friends tell me I could have and likely would have won if I fought it.

But I'd have to take a day off work, have the hassle of actually going to court, etc. etc.

I just left it.

But in your case, I'd fight it.

 

[DougDascenzo]

Sounds like you may have something, but if you do beat it, pray you never encounter the same cop again.

And if you do, don't call him "Dude."

 

[John]

You might be able to beat the ticket, but I have a hard time feeling sympathy for someone caught going 51 in a 25.

 

[Kid Bro Sweets]

I got a ticket yesterday as well -- allegedly 39 in a 25.

I don't think that's accurate. I wasn't in a hurry and I wasn't driving fast.

The cop approaches and asked for my license. As I get it out, I ask why he pulled me over. He won't answer. Says he's not obligated to do so until I hand him my license. I was wary. I mean, I had no idea he was pulling me over for speeding. My wife urged me to go ahead and surrender the license, which I did.

Still, that sounds like a screwy law. That's assuming it really is a law.

 

[hockeybeat]

In Zebra's and Kid's cases, it sounds like cops were writing tickets just to fill up their quota with the month coming to an end.

 

[Boom_70]

I got a ticket yesterday as well -- allegedly 39 in a 25.

I don't think that's accurate. I wasn't in a hurry and I wasn't driving fast.

The cop approaches and asked for my license. As I get it out, I ask why he pulled me over. He won't answer. Says he's not obligated to do so until I hand him my license. I was wary. I mean, I had no idea he was pulling me over for speeding. My wife urged me to go ahead and surrender the license, which I did.

Still, that sounds like a screwy law. That's assuming it really is a law.

You should hire zebra to fight your case . He seems to have a steel trap legal mind for this kind of thing.

PS - Cops love when you get out of the car

 

[JR]

Take that before a judge and the cop doesn't have a case. Stupid dude.

Now, I'm gonna get all old grumpy guy on you.

What the hell were you doing 51 (or whatever) in a 25?

In Ontario If you were doing 55 in that 25,(or 50 kph over the speed limit), you'd be charged with street racing, have your car impounded on the spot for a minimum of one week and subject to a fine of between $2,000 and $10,000 If

Slow the **** down.

 

[budcrew08]

In Zebra's and Kid's cases, it sounds like cops were writing tickets just to fill up their quota with the month coming to an end.

I always get an argument with my fiancee about this. Her dad was a cop on a military base when he served in the Navy, and she always says that cops don't have quotas.

I always counter with: So why do I see six on my hour-long commute on the 30th or 31st of a month?

 

[a_rosenthal]

Take that before a judge and the cop doesn't have a case. Stupid dude.

Now, I'm gonna get all old grumpy guy on you.

What the hell were you doing 51 (or whatever) in a 25?

In Ontario If you were doing 55 in that 25,(or 50 kph over the speed limit), you'd be charged with street racing, have your car impounded on the spot for a minimum of one week and subject to a fine of between $2,000 and $10,000 If

Slow the **** down.

I tend to side with JR. Pay the fine and slow down.

 

[PCLoadLetter]

Are any of you actually serious in suggesting this is a defense?

He gave that address to the officer. The officer put it on the ticket. He says he should get out of it because he won't actually be moving there for a couple of weeks. None of that has **** to do with whether he was speeding. I think he's about as likely to be cited for providing false information to an officer as he is getting out of the ticket.

Seriously, it was entirely possible you were doing 51 in a 25? Sack up and pay the ticket or go to traffic school.

 

[JR]

Bull**** that cops don't have quotas.

Ariybd the corner from my office is a four lane city street with about 4 schools within a couple of kilometres of each other.

It's a 40 kph zone (25 mph) --I have no problem with that except when I see the radar out at 5:30 nailing driver after driver for doing 50 in that zone---that's not even 10 mph about the limit.

It's known as the Renforth Cash Cow.

 

[JR]

Are any of you actually serious in suggesting this is a defense?

He gave that address to the officer. The officer put it on the ticket. He says he should get out of it because he won't actually be moving there for a couple of weeks. None of that has **** to do with whether he was speeding. I think he's about as likely to be cited for providing false information to an officer as he is getting out of the ticket.

I know it may be a fine point of law but when a cop writes a ticket, he has to get the details right: correct name of the person he's charging, make, model and year of car, time of day, place and the correct address of the person he's giving the ticket to.

Sorry, the cop ****ed up and any judge will throw it out of court.

 

[imjustagirl]

In Zebra's and Kid's cases, it sounds like cops were writing tickets just to fill up their quota with the month coming to an end.

Really? 51 in a 25 and you think that's a quota thing??

And since when does the 15th mean the month is coming to an end?

 

[JR]

Take that before a judge and the cop doesn't have a case. Stupid dude.

Now, I'm gonna get all old grumpy guy on you.

What the hell were you doing 51 (or whatever) in a 25?

In Ontario If you were doing 55 in that 25,(or 50 kph over the speed limit), you'd be charged with street racing, have your car impounded on the spot for a minimum of one week and subject to a fine of between $2,000 and $10,000 If

Slow the **** down.

I tend to side with JR. Pay the fine and slow down.

I never said he should pay the fine. I said he should take it to court and since the cop wrote down an incorrect address for the guy, a judge will throw it out.

 

[hockeybeat]

In Zebra's and Kid's cases, it sounds like cops were writing tickets just to fill up their quota with the month coming to an end.

Really? 51 in a 25 and you think that's a quota thing??

And since when does the 15th mean the month is coming to an end?

It's not out of the realm of possibility that a cop was writing a ticket just to hit his or her quota.

 

[imjustagirl]

In the middle of the month? When someone more than DOUBLED the speed limit?

Set down the pills and alcohol.

 

[PCLoadLetter]

Take that before a judge and the cop doesn't have a case. Stupid dude.

Now, I'm gonna get all old grumpy guy on you.

What the hell were you doing 51 (or whatever) in a 25?

In Ontario If you were doing 55 in that 25,(or 50 kph over the speed limit), you'd be charged with street racing, have your car impounded on the spot for a minimum of one week and subject to a fine of between $2,000 and $10,000 If

Slow the **** down.

I tend to side with JR. Pay the fine and slow down.

I never said he should pay the fine. I said he should take it to court and since the cop wrote down an incorrect address for the guy, a judge will throw it out.

It's not an incorrect address. It's the address he's moving to. I assume the cop used it so he will get the paperwork in the mail.

Fight it if you want to, but I bet all it does is **** off the judge.

 

[hockeybeat]

In the middle of the month? When someone more than DOUBLED the speed limit?

Set down the pills and alcohol.

No pills and booze here. Zebra said he didn't think he was going 51. The cop said he was. I'm going to take Zebra at his word that he wasn't going twice the speed limit. If he was, well, he probably deserves the ticket.