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Old 07-18-2003, 10:58 AM   #1 (permalink)
sport404
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Default First speeding ticket!!!!

Hey guys, I got my first speeding ticket on the bike. I was caught going 65 in a 30 zone. The cop only wrote 50++ on the ticket and charged me for only 10 over so it was $75. I am not sure wether I should try to fight it because I am a clean record so far and it was a new bike. So maybe I could somehow talk my way out of it. Also the zone was not 30mph is was a 35mph zone, the sign was right there. What do you guys think, be lucky I go that break and pay. Or try to fight and get the whole thing thrown out?? I live in MA

Thanks guys!
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Old 07-18-2003, 11:54 AM   #2 (permalink)
newr6rider
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Default Re: First speeding ticket!!!!

pay it. if you cannot do the time don't do the crime. Although, if you do fight it. Follow this process:
1 Be at court early before session begins
2 the procecutor will have a meeting room set up somewhere. find him.
3 he is there for the purpose of negotiating tickets
4 the room will have attorneys standing in line to get tickets reduced. join the line. also cops (making the charge) will be there and the procecutor will ask them if they will go along with the settlement as a courtesy.
5 state that you would like the ticket taken "under advisement" (they will put you on probation for a period of time and as long as you don't get anymore tickets this one will just go away) since you have never had a ticket or have no points currently and would like to preserve your driving record.
Many places will not take tickets under advisement so as an alternative go for a "non moving violation" like "defective equipment". That way you pay a fine to the court but do not get anything on your record.
6 if they go for either when you appear in the courtroom just pleed guilty to whatever the agreement is.
7 if they do not go for either, do not be a smart ass as they can go into court and ammend that ticket to the full 50mph that the cop noted on the ticket. that is why he wrote it there.
I am not an attorney, but used to use one for cases like this. at some point I started doing it for myself as it really is a simple process. I even did it for my wife one time. One more thing, make sure you dress properly for court and show the proper respect to both the procecutor and court. I advise putting on a suit.

Mark
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Old 07-18-2003, 01:45 PM   #3 (permalink)
slowr6
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Default Re: First speeding ticket!!!!

Take newr6rider's advice. I for one say you should always fight a ticket. BUT, be absolutely sure that the ticket doesn't say your actual speed on it.

I live in MA as well and the last time I was in for a hearing 2 different people got tickets in which the officer reduced the fine but wrote the actual speed on the citation. Guess what... they both left the court room with fines larger than what they originally had.
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Old 07-18-2003, 02:39 PM   #4 (permalink)
samR6
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Default Re: First speeding ticket!!!!

First ticket.....listen to me, it's all down hill from here :b
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Old 07-18-2003, 02:55 PM   #5 (permalink)
sport404
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Default reply

Yea dude thats what I was wondering if they might jack the price up on me. I was doing 65 but he only wrote 50++. But on the ticket he put the wrong speed zone, so I wondering if it could be a technicality on their part and I would get off. I dunno, just afraid to go and have it raised or something worse. But I feel like I should give it a shot. Do you have to before a judge?? This can't be settled some other way between the prosecutor and stuff??
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Old 07-18-2003, 06:47 PM   #6 (permalink)
newr6rider
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no. just because he wrote the wrong speed limit you do not get a free pass. he has the right to amend the error on the ticket at which point he will most likely amend the infraction as well. DO NOT FUCK WITH THEM OVER A TECHNICALITY. You have admitted you did the dead. Now take it like a man.
Yes, the judge does have final say so any agreement made between you and the procecutor needs to also work for the judge. You will have to stand before him and make a plea.
That is the deal. Make up your own mind. If you decide you want to fight it you need to go at it from the angles I pointed out earlier. If you start off with "the cop wrote the wrong speed limit down on the ticket therefore I should get off" that approach will surely lose. It is not a test, the cop can change what he wrote down on the ticket.

Mark
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Old 07-18-2003, 09:31 PM   #7 (permalink)
slowr6
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It depends man. If the cop didn't write your speed then you're most likely OK. Do you think the cop will remember you a few months down the road when you end up in court? That's also an important factor. You're going to have to judge if you think he'll remember you and try extra hard to fuck you for trying to get out of it.

Even if he does bring up your speed, it's not documented so you can defend yourself from that fairly easily.

And to reiterate, no chance in hell of getting off because the cop wrote the wrong speed zone. Don't go into court and say "I wasn't speeding" and expect to get anything out of it. If it's your word against his, chances are the magistrate will take his, you're wasting your time. If you can come up with a good argument, maybe draw up a map and try to prove the cop couldn't accurately radar you or something like that then you have a chance. (Remember, it is your word against his, so if you lie, nobody is going to be able to prove you wrong. ;) )

There's tons of stuff all over the Web about this, try googling "request for discovery" and you can request radar calibration documents, officer's notes, etc. for a small fee.
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Old 09-04-2008, 01:40 PM   #8 (permalink)
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I too just recieved my first speeding ticket in ma on 495s and was looking to see if I can get two of the 3 violations off my ticket can anyone recommend a good lawyer to assist me with this. Thanks,

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Old 09-04-2008, 03:17 PM   #9 (permalink)
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Old 09-04-2008, 09:45 PM   #10 (permalink)
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Pay the ticket and slow down. Save that crap for the track.
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