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Author Topic: First ever speeding ticket, very bad experience... *7/15 had the court date!*  (Read 1281 times)
OldsGal
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« Reply #30 on: June 23, 2008, 09:57:20 AM »

There is one thing here that no one has brought up yet. It is illegal to talk on your cell phone while you drive. That alone can carry a fine of 150 dollars or more. They give officers leeway with what they feel is an appropriate ticket. And yes that often depends on your attitude. Like it or not. They are paid to use their discretion.
 He could've ticketed you for admitting you were on your phone, and if he brings that up in court it isnt going to make you look very credible.

This is not true for all states.  Here it is not illegal to talk on your phone.  They are working on passing legislation to make it illegal for TEENs to talk on the phone but not for adults.

Staci
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« Reply #31 on: June 23, 2008, 10:21:21 AM »

There is one thing here that no one has brought up yet. It is illegal to talk on your cell phone while you drive. That alone can carry a fine of 150 dollars or more. They give officers leeway with what they feel is an appropriate ticket. And yes that often depends on your attitude. Like it or not. They are paid to use their discretion.
 He could've ticketed you for admitting you were on your phone, and if he brings that up in court it isnt going to make you look very credible.

Perhaps in your state.  It is not country wide. 

It is not illegal in VA.
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« Reply #32 on: June 23, 2008, 10:34:38 AM »

The people who pull young women over to rape them are usually IMPERSONATING cops, not actual cops who are trying to take advantage of their station.
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« Reply #33 on: June 23, 2008, 10:35:44 AM »

but when you are alone and scared, its hard to know the difference.  And it isn't always the case. 
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« Reply #34 on: June 23, 2008, 10:59:11 AM »

Flat out - if I'm alone and it's dark - I am NOT pulling over for ANYONE whatsoever.  If it's a cop, they can follow me to the nearest well lit and populated place while I'm on the phone to make sure it's really a cop.  Give me an extra fine for doing it if it's against the law, I don't care.  My parents didn't raise a fool, and I'm not stopping for ANYONE in the dark or even in the daylight in an unpopulated area.  I'll pay any fine to avoid it.

Same parents also taught me to NEVER leave my drink alone, which sometimes weirds out my co-workers.
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« Reply #35 on: June 23, 2008, 11:04:17 AM »

but when you are alone and scared, its hard to know the difference.  And it isn't always the case. 

Which is why you call 911 and tell them you'll pull over in the next town!

Flat out - if I'm alone and it's dark - I am NOT pulling over for ANYONE whatsoever.  If it's a cop, they can follow me to the nearest well lit and populated place while I'm on the phone to make sure it's really a cop.  Give me an extra fine for doing it if it's against the law, I don't care.  My parents didn't raise a fool, and I'm not stopping for ANYONE in the dark or even in the daylight in an unpopulated area.  I'll pay any fine to avoid it.

Same parents also taught me to NEVER leave my drink alone, which sometimes weirds out my co-workers.

Good for them!
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« Reply #36 on: June 23, 2008, 11:11:31 AM »

They not only have to physically write a ticket, but they have to enter all of your information into the computer in their car. Even with a warning they have to go through the whole process. So it may have been 20 mins both on the road and at the station. And again it is annoying. But that isnt something thats going to have any bearing on your case in court.

At the same time, she shouldn't have had to sit there for over an hour for something so routine.  The cop that ticketed me took all of maybe five minutes, total.

Quote
There is one thing here that no one has brought up yet. It is illegal to talk on your cell phone while you drive. That alone can carry a fine of 150 dollars or more. They give officers leeway with what they feel is an appropriate ticket. And yes that often depends on your attitude. Like it or not. They are paid to use their discretion.
 He could've ticketed you for admitting you were on your phone, and if he brings that up in court it isnt going to make you look very credible.

Nope.  
http://www.ghsa.org/html/stateinfo/laws/cellphone_laws.html

Quote
It is always an officers word against yours. There is no computer log of speeds clocked, the radar is simply a gauge for the officer to use.  So you can go into court and say you were not goin 62 in a 35. However  the officer who has done this many many more times than you. Will be able to accurately describe how fast you were going, where he clocked you and pulled you over.
And honestly, with his word against yours. Going what he claims to be almost double the speed limit, he could've written you a much higher ticket.

Considering that the cop obviously wrote the ticket incorrectly, there is NO reason she should bend over and just accept it.  She specifically said he told her she was going 45 in the 35 zone - not 62.  If I were her, I would take make a map marking where she was stopped, and where the limit increase happened.  I'd document everything.

It is ridiculous to say that just because he is a cop, she should give up.  
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« Reply #37 on: June 23, 2008, 11:19:53 AM »

She obviously lives in one of the only states left that you are allowed to talk on your cell phone and drive and not get a ticket for it.

More than half of the states do not have cell phone restrictions.
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« Reply #38 on: June 23, 2008, 11:22:27 AM »

She obviously lives in one of the only states left that you are allowed to talk on your cell phone and drive and not get a ticket for it.

More than half of the states do not have cell phone restrictions.

In the link in my post above, it states that only five states currently have a handheld ban in place.
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« Reply #39 on: June 23, 2008, 12:32:59 PM »

I have to disagree with the idea that it's safe for women to pull over on a deserted stretch of highway in the dark when they are alone.  First of all, while it's unlikely, any idiot with a credit card and internet access can buy themselves a flashing red light.  And again, while it's unlikely, there are cops that are willing to take advantage of their power and abuse a woman.

Call me overprotective of myself, fine.  But, no, I dont trust men and men in positions of authority particularly.  I have reasons for this which I'd rather not share on a public forum.  (But before anyone flames me, no I am not implying I was ever mistreated by a police officer.)  Women can't rely on anyone but themselves to keep themselves safe, and if that means putting on your emergency flashers and calling the police station to have them communicate to the cop that you will pull over when you feel safe, then that is what must happen.

And she states pretty clearly that he told her she was doing 62 in a 55 and then wrote 62 in a 35.  That's a huge difference.

She also said that there was no law against talking on her cell phone where she lives, and I know that not all states have cell phone laws.

We have a cell phone law in California and I still see people on the phone all the time.  I see cops on their cell phones all the time.
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« Reply #40 on: June 23, 2008, 01:17:41 PM »

Quote
Officer: "You were traveling 62 mph"
Me: "Oh, okay" *Grumbling to myself, i'm gonna get my first speeding ticket*
Officer: "Any particular reason you are in such a hurry this evening?"
Me: "Not really, i was going faster than i thought i was apparently.  Just want to get home, i'm tired and hungry.  Was at the hospital all night, my cousin just had a baby."
Officer: "Have you had any alcoholic beverages this evening, ma'am?"
Me: "Uhh... no!" *I'm Thinking: Umm.. i just said i was at the hospital... getting drunk at a hospital, yeah.  Saturday night... i'm lying to you, i was really at the bar*
Officer takes my license/registration and goes back to his car.  A good 20 minutes go by.  Another officer pulls in behind him.  I about pee myself.  He called backup for me?  What, am i smuggling drugs now or something?
Ten minutes tick by.  The second officer leaves.  Five more minutes go by, the officer finally returns to my car.
Officer: "Heres what we are going to do.  I first clocked you going 45mph in a 35 mph zone, thats what caught my attention.  I turned around.  I clocked you a second time before i pulled you over, at 62 mph.



So here I see 62 mph (no speed limit mentioned) and 45 in a 35 mph zone, then again the 62 with no posted limit mentioned.
I see in the post elsewhere that the speed limit changed.

Hmmm.  BEST case, the cop was highly unclear. worst, your irritation showed and he made it stink.

The one and only time I've gotten a ticket it was for running a stop sign.  The cop said I failed to stop.  I didn't contest it (they were taping the intersection), but it would have been a far more accurate statement that I failed to come to a complete stop.

I think I'd contest this one - point out the validity of the second radar scan (from behind) and the location of the stop and second limit sign.
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« Reply #41 on: June 23, 2008, 01:32:32 PM »

I keep reading it and I keep getting the same thing.

He said she was going 45 in a 35 (which is still 10 over) and when he turned his lights on she sped up, nothing about her entering the new speed zone and then speeding up.  So to me it sounds like she was in a 35 zone and speeding up, and when he got behind her and he clocked her again she was all the way up to over 60 in the same 35 zone.

I do not see this as overly confusing.

The OP is pissed that she got caught speeding.  I do not see it as a reason to make a report against the officer who was trying to keep the rest of us safe.

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« Reply #42 on: June 23, 2008, 01:39:33 PM »

She stated the new limit:

Quote
My mom is telling me to go fight it.  I can't prove i wasn't doing the speeds he says.  He got me right after the Hotel where the speed changes to 55 by that damn bridge.

And actually, that can be kind of fishy...  if you were already going close to 60 when you hit that 55, that isn't good.  You shouldn't start speeding til after you pass the sign.  (though I often start speeding up when they come into view, myself.)
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« Reply #43 on: June 23, 2008, 02:04:16 PM »

The OP is pissed that she got caught speeding.  I do not see it as a reason to make a report against the officer who was trying to keep the rest of us safe.

She knows and acknowledged she was speeding.  She is upset at the way he handled it.  I would agree that part of it was him doing his job.  The time and extent to which he took it seems unnecessary and I would definitely file a report if it were me.
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« Reply #44 on: June 23, 2008, 03:27:08 PM »

i would file a report. his conduct was out of line, and if he was out of tickets  why didn't he get one from the other officer who pulled up?  not to mention if he thought you were intoxicated there is no way he should have had you drive anywhere with out a field sobriety test.. i would definitely be making some calls today. i will also have my hubby look this over .. he is a public safety  telecommunicator ( 911/ police/ fire/ medical dispatcher )  this just dosen't seem right to me.. i wouldn't have followed that man any where, with the way he stumbled over when you got your license i would be inclined to think that he was the one intoxicated.
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« Reply #45 on: June 23, 2008, 03:38:30 PM »

why didn't he get one from the other officer who pulled up? 

I was told they can not just share ticket books like that.
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« Reply #46 on: June 23, 2008, 04:20:13 PM »

Calicojenn's husband here, I don't know the specific laws there but the way the officer handled himself seems very unprofessional and i believe i would file a complaint with his department. I know that officers here, when they realize that they have no citations left often ask other officers in the area if they have an extra citation book. I've NEVER heard of anyone making someone follow them back to the Police Dept or Sheriffs Office so that they can go get a citation book, that just seems ridiculous to me, if it was his own fault that he had no extras then he should have given you a courteous warning and let you on your way. I really have a problem with him asking you to follow him as there are some really bad people out there, he could have been one of those bad officers even someone impersonating an officer. I might have politely asked him if it would instead have been possible to have another unit or his supervisor bring him an extra citation book. I wouldn't read anything into the second officer stopping by, that's usually policy and is just because a traffic stop tends to be the most dangerous type of activity a law enforcement officer can initiate. As far as him asking if your seatbelt was on, that is yet another example of him being completely inept, as it is his responsibility to make sure it was on or not, not something he needs to be asking after the fact. Another thing that seems like either gross negligence or outright harassment is his insistence even AFTER HE LET YOU DRIVE TO THE STATION that you may have had an alcoholic beverage, if he had any doubts, he should have field tested you before he let you get back behind the wheel. Anyway, like I said, I'm not sure about specific laws in your area and I'm not a legal counsel or anything, but in my line of work I get to know a lot of the officers and deputies and the way they do things here and I don't really think that any of them would have handled the situation in this manner. I would definitely speak with supervision and administration at this officer's department and bring your concerns to them, also let them know about the typo on your ticket and how the officer represented to you that you were doing 62 in a 55, not in a 35 and be courteous with them, let them know that you feel the officer handled himself very unprofessionally. You may have more recourse depending on the laws in your area, I would familiarize myself with local law and possibly seek legal counsel as you may also have grounds for a civil suit if the officer was indeed acting outside of his agency's policy or local law.
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« Reply #47 on: June 23, 2008, 05:40:48 PM »

the law in calfornia either comes into effect or they are going to start enforcing it on July 1st about "hands free" call phone use.  you can still talk on your cell phone, it just has to be hands free. 

So now my question is, if you use your cell phone to call 911 or the police to let them know where you are going to pull over, will you get a ticket for using your cell phone while driving? 
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« Reply #48 on: June 23, 2008, 07:34:12 PM »

I need to clarify a few points here.  Lets keep in mind that i did not sit here and type out the whole conversation that i had with the cop, and some things may not be the EXACT thing that was said.

I want to thank everyone for their advice, i appreciate ALL of you taking the time to help me.  And to calicojenn - your hubby is a sweetie for adding his help. He's a keeper Wink Thank you!

I JUST got home from work (its after 8pm here) and only had a 15 minute lunch today so only had time to scarf my food down and get back to work.  No time to call the department.  Or any legal advice.  Same goes for tomorrow, most likely.  I don't know when/how i'm going to get to the bottom of this.

Firstly, yes, the car that i was driving is registered in my SO's name.  He had the registration, my license, and my insurance card - or the card that was in that car(however you want to say it), both cars have identical cards in them.  My insurance card lists BOTH our vehicles, and both our names. We are each insured, listed, registered drivers to drive each others vehicles. The address listed is the same on all three pieces of paperwork.  So i fail to see why he even asked me if i lived with my SO.  I believe his words wer something like this "Is this your address? Do you live together?" after asking me who he was.  So instead of being confused, he should have looked more closely at the documents and put two and two together.  No reason to think it was suspicious with those records in his hands, IMO.  Also, right after this he asked me what county i live in!  That was bizarre too... he should know that my city listed on the paperwork is in the same county as the town i was in when stopped.  A more appropriate thing to ask would be "Is this your current address?" which would then mean that i live with the man listed on the same paperwork as living as the same address... am i right?  Which, the more i think about, makes me wonder if he was drinking or if he was purposely trying to confuse me, seems like it should be something along those lines.

In this area, rumors has it that if you get stopped by a city cop you will get ticketed for SOMETHING.  They are nitpicky, and as some say, more money hungry than your State highway patrol or county Sheriff.  Which brings me to my next point.  A state highway patrolman pulled my SO over about a month ago.  It was 11pm.  My SO was traveling home from work.  Driving MY vehicle, registered in my name.  He pulled him over because he was going 5 mph over the speed limit and the front plate was displayed in the window - which is illegal for the most part.  It has to be actually "visible".  He could have also gotten my SO for a seat belt, but my SO tried to trick him.  We both believe he was stopped because it was almost midnight on a Friday night, and only a mile from the local bar.  He let him off with a formal warning to get the plate fixed,  and verbal warnings to bucket up (with a wink), and to watch his speed.  No questioning him if he was drinking multiple times - only once.  And not a single question or twitch of an eye over the vehicle being registered in my name.  Makes me wonder why i couldn't have come across that guy instead of the one i managed to get.  And also makes me wonder why my cop made a huge deal out of things that this other guy didn't even bat an eyelash at??? My SO and i were just wondering this last night.

And as i've said multiple times in my multiple posts, i am not trying to get out of a ticket.  I was more than willing to accept the ticket and go home.  I got annoyed, frustrated, and upset after it turned into a huge mess.  And the WHOLE time he never ever said anything about 62 mph in a 35mph zone.  He specified ONCE that i continued to pick up "excessive" speed after i broke out of the 35 zone.  Other than that it was very vague.  I honestly had not a CLUE, not one, that i was getting a ticket for doing 62 in a 35.  Until i drove off and got a better look at my ticket.  He made a BIG point of stressing the 42 in a 35, and thats what i thought i was going to be getting - the whole entire time.  If anything, he should have been more detailed because i had no idea.  I should have looked, yes.  But even if i did it all over again i'd probably still run like hell instead of paying close attention to what i was signing.  I was pretty messed up by that point.  And you know, he didn't even respond at all to the fact that i was shaking and crying and pretty much having a panic attack.  He was like... i dont know, just creepy.

And yes, as strangeduck (i think?) said, i am more upset over being taken back to the station when i was nearly sitting on an empty tank of gas, at midnight, alone with no people around.  And being held up by a cop for 2 hours.  And finding out AFTER he writes the ticket that he doesn't even know my age, or how long i had been driving for.  Thats what's upsetting me.  I am reporting the cop.  I have to be in Mayors Court.  I don't know how this works, if right then and there i can not accept the ticket and explain why, or if i would have to return to court at a later date if i contested it.  I have never been through this before.  I have to get some information gathered together and figure out what i'm going to do.  I've never done anything like this.  I'm a very law-abiding citizen, have never been in trouble even in the slightest way, and am clueless as to what my rights are at this point.  But i will find out and go from there.

Thank you all again. 



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« Reply #49 on: June 23, 2008, 07:40:48 PM »

Oh, and also...

I did not speed up when he turned his lights on.  He tried to basically say i failed to stop, and kept going for awhile.  And this makes less since too...

Okay, it was extremely foggy in about a half a mile patch of road, i'd say.  It was pretty bad.  When i broke out of the fog i sped up a little (too much, admittedly).  I saw his lights FAINTLY through the fog.  I didn't know if it was an ambulance/fire truck/cop... or what.  I said to my SO "I see lights, wonder what that is..." or something to that effect, i'm sure i started to slow down, kept watching my mirror, and BOOM there he was.  Popped out of the fog, and i went slowed, said "I'm getting pulled over, gotta go" to my SO, and went to the shoulder.  And i told him that when he said i continued to pick up excessive speed, though not in so much detail.

Worst case scenerio, because of the fog i could have thought i was further out of the zone than i really was.  BUT, after going back through the same town the next day to visit my dad, i an 99.99% sure i found the driveway that i turned around in and it was probably at least a mile away from the 35 zone.  At the very very least.  But i'm bad with distance.
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« Reply #50 on: June 23, 2008, 09:02:50 PM »

I need to clarify a few points here.  Lets keep in mind that i did not sit here and type out the whole conversation that i had with the cop, and some things may not be the EXACT thing that was said.

Amen...I think sometimes we all forget that.

Good luck with the court thing!
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