Help with speeding Ticket (long)!

Damage Inc · 03-05-2006, 11:19 PM

This forum always has good advice so here's my deal:

I was driving home from meeting my family for dinner, taking my time, cruising along in my new E90 manual. I normally take off from lights a little fast since I have a manual and like to feel the engine a bit

however dont normally speed.

Its 8:30 PM, dark, I'm pulling off from a light in a 35 mph zone, I'm in 3rd gear @ 3000 rpm so about 40 mph. I'm like "should I shift to 4th and then think no, I'll get over 45 and be speeding so dont bother". Then a cop heading towards me stops, turns around, and pulls me over. He stated he saw me pull away from other cars at the light so I'm speeding and doing 50 in a 35. I'm like "i dont have any speeding tx for 15 years, in 3rd gear at 2900 rpm, and wasnt doing 50". He takes my stuff and comes back with a ticket for 50 in a 35!!! :mad: I then re-state how I knew I wasnt going 50 and he then said his radar was on. I asked specifically "did you gun my car @ 50mph? If so I want to see it as I was not doing 50 mph!". He says he's a licensed officer, his word is fact, and its his word against mine in court!

Turns out he wrote on the ticket 50 mph moving radar. The distance he originally saw me pullling away at the light was 1\2 to 3\4 mile in the dark!

Any suggestions or ideas on how I can fight this? I was researching that "moving radar" mans the officer was driving and has to deduct their speed from what the radar is stating so this is an approximate and it only has an accuracy of 1200 meters. Also - I researched the best person can see only about 300 feet away at night!

This sucks b\c I was absolutely 100% NOT going 50 mph but getting totally worked over. I wasnt rude or pissed, just strictly matter of fact. I intend to fight this as its totally BS.

Suggestions??? :dunno:

sdorn · 03-05-2006, 11:29 PM

That does suck. You can try and fight it, but the court will usually listen to the officer regardless of what you say. Plus, the court will sometimes give out a much higher fine if you go to court versus just paying the fine. It is really up to you, though. If you want to fight it, go to court and give your side. Maybe the officer won't show up or maybe he will admit on the stand that he never clocked you using radar.

Sound Of Speed · 03-05-2006, 11:30 PM

www.ticketassassin.com

GREAT site

Damage Inc · 03-05-2006, 11:36 PM

Quote:

Originally Posted by sdorn

That does suck. You can try and fight it, but the court will usually listen to the officer regardless of what you say. Plus, the court will sometimes give out a much higher fine if you go to court versus just paying the fine. It is really up to you, though. If you want to fight it, go to court and give your side. Maybe the officer won't show up or maybe he will admit on the stand that he never clocked you using radar.

Officers here get double time for court dates, and I doubt he'll admit he didnt actually clock me as it would make him look stupid - he stated he would state "under oath" that this took place

Artz 330 · 03-05-2006, 11:55 PM

hmm u need a witness lol.

sdorn · 03-05-2006, 11:56 PM

Quote:

Originally Posted by MojorisinM3

Officers here get double time for court dates, and I doubt he'll admit he didnt actually clock me as it would make him look stupid - he stated he would state "under oath" that this took place

Sounds like you might just be screwed.

Pretender · 03-06-2006, 01:05 AM

Good to try for justice. Otherwise, these cops will keep giving speeding tickets to coming cars with xenon headlights at night which make him feel annoyed.

BMW F22 · 03-06-2006, 01:14 AM

I would go back to the scene and take pictures. I would also write down exactly what happened that night and the conversation you had with the officer. WRite down the time, date, and anything else you remember. Take the picture to court and state your case. Tell them at he was too far away to be able to see you. Oh and you usually get a lower fine for going to court, NOT HIGHER. Also mention that your car gets its peak torque at very low RPMs so it's normal that your car will pull away from other cars. Think of everything that might help you out. Definitely fight it! I hope you win!Goodluck!

03-05-2006, 11:19 PM	#1
Damage Inc Lieutenant Colonel 857 Rep 1,964 Posts Drives: 2017 M2 Join Date: Apr 2005 Location: Nashville iTrader: (1)	Help with speeding Ticket (long)! This forum always has good advice so here's my deal: I was driving home from meeting my family for dinner, taking my time, cruising along in my new E90 manual. I normally take off from lights a little fast since I have a manual and like to feel the engine a bit however dont normally speed. Its 8:30 PM, dark, I'm pulling off from a light in a 35 mph zone, I'm in 3rd gear @ 3000 rpm so about 40 mph. I'm like "should I shift to 4th and then think no, I'll get over 45 and be speeding so dont bother". Then a cop heading towards me stops, turns around, and pulls me over. He stated he saw me pull away from other cars at the light so I'm speeding and doing 50 in a 35. I'm like "i dont have any speeding tx for 15 years, in 3rd gear at 2900 rpm, and wasnt doing 50". He takes my stuff and comes back with a ticket for 50 in a 35!!! :mad: I then re-state how I knew I wasnt going 50 and he then said his radar was on. I asked specifically "did you gun my car @ 50mph? If so I want to see it as I was not doing 50 mph!". He says he's a licensed officer, his word is fact, and its his word against mine in court! Turns out he wrote on the ticket 50 mph moving radar. The distance he originally saw me pullling away at the light was 1\2 to 3\4 mile in the dark! Any suggestions or ideas on how I can fight this? I was researching that "moving radar" mans the officer was driving and has to deduct their speed from what the radar is stating so this is an approximate and it only has an accuracy of 1200 meters. Also - I researched the best person can see only about 300 feet away at night! This sucks b\c I was absolutely 100% NOT going 50 mph but getting totally worked over. I wasnt rude or pissed, just strictly matter of fact. I intend to fight this as its totally BS. Suggestions??? :dunno:
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03-05-2006, 11:29 PM	#2
sdorn Lieutenant 27 Rep 491 Posts Drives: 2006 Jet Black 325i Join Date: Feb 2006 Location: Atlanta iTrader: (0)	That does suck. You can try and fight it, but the court will usually listen to the officer regardless of what you say. Plus, the court will sometimes give out a much higher fine if you go to court versus just paying the fine. It is really up to you, though. If you want to fight it, go to court and give your side. Maybe the officer won't show up or maybe he will admit on the stand that he never clocked you using radar. __________________ 2008 Sparkling Graphite 535i 2009 Land Rover LR2 2003 Porsche 911 Turbo (SOLD) 2006 Jet Black 325i (SOLD) 2001 Bullitt Mustang (450rwhp - SOLD)
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03-05-2006, 11:30 PM	#3
Sound Of Speed ~teehee~ 102 Rep 28 Posts Drives: Clownshoe and a 4x4 Join Date: Feb 2006 Location: SoCal iTrader: (0) Garage List 1999 BMW Z3 Coupe [10.00]	www.ticketassassin.com GREAT site __________________
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03-05-2006, 11:55 PM	#5
Artz 330 Colonel 203 Rep 2,486 Posts Drives: Z4M, 335i, 135i Join Date: Dec 2005 Location: Lawrenceville, NJ iTrader: (4) Garage List 2006 330i [0.00]	hmm u need a witness lol. __________________
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03-06-2006, 01:05 AM	#7
Pretender Colonel 158 Rep 2,419 Posts Drives: 06 330i, 07 328i, 16 X1, >17M2 Join Date: Aug 2005 Location: Bay Area, CA iTrader: (1) Garage List 06 330i [0.00]	Good to try for justice. Otherwise, these cops will keep giving speeding tickets to coming cars with xenon headlights at night which make him feel annoyed.
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03-06-2006, 01:14 AM	#8
BMW F22 Major General 3668 Rep 9,783 Posts Drives: ///M235i Join Date: Nov 2005 Location: Bay Area iTrader: (8)	I would go back to the scene and take pictures. I would also write down exactly what happened that night and the conversation you had with the officer. WRite down the time, date, and anything else you remember. Take the picture to court and state your case. Tell them at he was too far away to be able to see you. Oh and you usually get a lower fine for going to court, NOT HIGHER. Also mention that your car gets its peak torque at very low RPMs so it's normal that your car will pull away from other cars. Think of everything that might help you out. Definitely fight it! I hope you win!Goodluck!
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