Sniper_X

I was stopped in Alabama with an officer that was travelling the opposite direction, across a wide median, claims he clocked (just me) doing 102MPH in a 70!!!

I KNOW i should have floored it and taken off, becuase it took him almost a 2 minutes to get to me from where he was, but he could seem me on the long stright road.

(And i didnt want to go to jail)

I KNOW the Mazda rx-7 will NOT cruise beyond 95mph or 99, i need some proof of that that is official so I can go to court.

Anyone have access to MAZDA paperwork taht can be used in court to prove this?

I dont mind a ticket for what I was doing (85), but 102 is NOT RIGHT!

Mahjik

iTrader: (1)

So how do you plan to prove that you actually had the cruise control enabled?

Talk to a lawyer.

Sniper_X

I know thats a sticking point.

I have hired an attorney in AL.

I am just trying to prepare to give them all the info they need to fight it.

Maximum

iTrader: (5)

I am pretty sure my cruise control works up to about 105 mph but can't remember for sure since it's been a while since I did that. Sounds like you have a difficult road ahead of you to get out of that one. I will say that you made the right choice in not running, not worth risking other peoples' lives to get out of relatively minor trouble.

jjshaloam

iTrader: (5)

Send a certified letter to the police department (or court house. I forget) requesting the certification for his radar gun calibration that day. Make sure it's certified so you have proof you sent it. If they don't give it to you (which they don't because A. they don't calibrate them every day like they're supposed to and B. they're too lazy to send the paperwork). When you go to court, you show the certified letter slip confirming it was delivered and a copy of the letter you sent. Since they didn't provide it to you, they can't use it in court. No evidence then. Case dismissed.

TpCpLaYa

iTrader: (10)

so if they don't calibrate them at the beginning of the day then all tickets given by that gun during that day are technically invalid and are not enough to convict?

Railgun

True to a point. There is no burden of proof required for speeding tickets. At least, in most states. I don't know how that would be handled.

impactwrench

Get a lawyer and keep your mouth shut.

willjs7

iTrader: (1)

yeah, get a lawyer and show up with him to traffic court. When you go to ask for traffic court instead of paying the ticket ask for the latest date possible. Then about 2 weeks before this date arrives call them up to push the date back (i believe you can only push it back once). I had a court date that ended up being 4 months from when my ticket happened, the cop didn't even show up and my lawyer and i left after 5 mins.

Red95FD

iTrader: (3)

Just pay the ticket. You were in Alabama and your from Georgia. What did you expect? You'll pay a Bama lawyer and pay a fine anyway. That's the way they do it. The cruise control defense is weak anyway. What's your lawyer say? He may get the mph reduced but you will pay. I guess you could get lucky like willjs7.

moconnor

iTrader: (14)

I don't know what the law is in Alabama, but in most states there is a huge difference between a < 100mph ticket (which you can just pay) and a 100mph+ ticket (which usually demands a court appearance and can get you in to a whole pile of trouble - and can get you arrested).

Hiring a lawyer was a good idea. And, dude, nobody is going the believe the 85mph claim or the cruise control thing.

89t295k

Just go to court, they will plea down the points so the judge doesn't have to waste time on a traffic ticket-all they want is the money. And you also have a good chance of the officer not showing....then you get off like I did last summer.




Cruise control is pretty weak IMO since I cruised through montana before speed limits at 110+ in my 86 NA

Sgtblue

iTrader: (16)

Potocols probably vary some from State to State, but here records on the radar unit are maintained by the Agency, records of calibration checks are noted on the Officer's copy of the ticket. Not sure, but guess that they would have to be made available through the discovery process before court, but that's also a legal process that usually requires a lawyer. They only need to record a calibration check sometime BEFORE and sometime AFTER the particular citation was written...but it should include both internal and external checks. Can't speak for others, but I see Officers doing those checks all the time. Even though it's not mandated, some do it after EACH citation. (And BTW, I've also had Officers telephone motorists to TELL them that a subsequent calibration check was not successful and they'll be requesting the prosecution dismiss. It's VERY rare, but it has happened.)
Locally anyway, the Officer would have to testify to knowledge of general Radar operation, target identification and certification on the particular unit used. They have to convincing to the Judge. But they're questioned on this frequently ...so they're usually prepared.

dgeesaman

iTrader: (7)

If I were you I'd quit trying to fight it.

I'd find the officer before the court date and ask for leniency. If you're genuine about it and you weren't driving aggressively he'll almost certainly get that number under 100. In PA that's your only option.

bajaman

lol at all the 'armchair lawyers'....once again.
EVERY TIME someone gets a ticket, everyone chimes in with his or her claim of what can or should be done. Even outrageous (read: bullshit) claims of what they did to "beat a ticket".
I am just ROFL at the idea of claiming, "But Judge, you see...I had my cruise on so I KNOW I wasn't doing 102 mph....". You may as well claim it wasn't you driving.
LISTEN TO YOURSELF MAN! That is ludicrous beyond belief!
At the end of the day, it still comes down to your word vs the officer. You....will.....lose.
Period.

oo7arkman

iTrader: (2)

I am not even sure he has the option just to pay it.. I do know that here (don't ask, a long time ago and I was being stupid on one of my bikes) if you are ticketed for more than 23 over the posted speed limit you are REQUIRED to appear in court. Once over 23mph you are considered not only speeding but it is deemed "agressive speeding" and holds a whole new host of attatchments. At least this is what an officer friend of mine told me at the time as well as that option being marked on the ticket. Depending on the circumstances the judge may even order you that day to spend a few nights in jail plus pay a fine. Really stupid and I do not think it would ever happend due to the overcrowded jails but still.

I am very doubtfull you will get out of this one totally, but it is worth the lawyer and the effort to try and get it reduced. Speak with your lawyer more, he/she is obviously the expert not us, and see what he/she can get done.

cesarx7

iTrader: (1)

QFT

I tried to fight a speeding ticket myself once, and it proved to be a big waste of time ("67" in a 55, though I had cruise set to 60). While in court, it quickly became obvious that the judge was only interested in the officer's account and simply blew me off. I even got reprimanded by the m****f***er!

EDIT: I didn't have a lawyer nor did I seek advice from one. Maybe it would have helped.

Red95FD

iTrader: (3)

In Louisiana, anything over 100mph and you go straight to jail. At least that is how it was in 1975. I'll bet it 's the same now.