Need Ticket Advice

[biketsai]

I was driving back from **** this July 4th with my girlfriend in her Ford Focus. I was going the speed limit, 5-6 over at the most in the 70MPH zone on I35. I see this Ford Focus that seems to appear out of no where in my rear view mirror after a while and it passes me right as a Texas State Trooper comes on and pulls me over. I ask him how fast I was going and I was "caught" at 92MPH. I try to be respectful and dont argue with him and tell him once that I was not going that speed. There is no way in hell that I was going 92, or even going 10 over when he got me on Radar. I really do not believe in having to pay for something that I did not even do. I really want to fight it somehow because it just doesnt seem right to have to pay out money to someone in the end for something I didnt do.
-Chris

[A4 KiDD 810]

Plead not guilty. Up here at least, they'll always cut you a deal, and if the judge listens, you can explain there was another same-model car that passed you at a higher speed and that you were the wrong one that was stopped. Up here in NY the court dates for pleading not guilty are a year if not more into the future, and state troopers rarely attend court unless its serious. Local cops attend but the state ones dont too often. If that doesnt work out for you then just contact a lawyer, which may run you more money then the ticket, but it'll save you the points I guess and stuff. But even if you explain it was a misunderstanding, look, you wouldn't plead not guilty if you didnt think you had a fighting chance.

[A4orce84]

Sorry Chris! Keep us posted man, that really sux! =(

-Asif

[Squarrl]

I dono about where you live but here its your word vs theirs... they lie so they don't look dumb, and they will always take the cops word over yours.

[dingguhlbary]

man, that sounds like the worst luck. but i think you got this one. it sounds absurd, but i doubt anyone has been dumb enough to try and bs themselves out with that story. so i kind of feel good about your case

good luck brother

[Seerlah]

I don't know how procedures are for your state, but in mine we always plead not guilty and never request a disposition. The officers maybe 95% of the time grant a lesser plea or simply don't show up. But other states are insane needing lawyers and such as if you commited a real crime.

[$4c@b]

plead not guilty. be respectful and professional (dress well) and bring your gf as a witness.

[audiness]

so do you think he got you confused with the other Ford Focus?

[tdn]

so do you think he got you confused with the other Ford Focus?

um... yes.

[Videlov]

You should've asked him if you can see the radar which he cought you with so you can see the speed... Depends on the cop, but some let you see it. Than again if a Ford Focus drove past you and he got his speed instead of yours, it would show up as 92 so that won't always work...

[biketsai]

I could see the cop showing up to the court because it is not a BIG town that I passed through.

[kextyn]

You're probably going to need a lawyer if you want it dropped but it'll cost you. If he pulled you over instead of the other car he MUST have lost sight of the offending car at some point. That will probably be the only defense you have. Good luck.

[Richard]

Your gf as your witness will be good as well. Dress respectfully and clearly state your case without insulting the cops intelligence. Claim its an honest mistake in your eyes as the vehicle is the same make and model. And you may be in luck. If you ask the cop to show his dash cam, which may have been on during the incident, it may show that two focus' drove by him within seconds of each other which could lead to confusion on the officers part. When I used to do patrol, when I set up speed traps, I would have my cam going just for circumstances as this. Good luck with your case and let us know

[biketsai]

Unfortunately my GF will be out of town, but I dont think her word would add THAT much more. I will def check to see if he had the cop cam going on. He was on his radio like 2 times when I was pulled over though so I assume he is the chase car.

[Richard]

If he is the chase car, then more than likely there was a camera to watch the proceedings. The one issue you may run into is multiple cops, but again, dont accuse them and keep your story strait.

[willowtreexx]

Sort of the same situation happened to me. I did get a lawyer and it did cost me more than the ticket itself but look at it this way. I dont have a ticket on my record now and all you need is a stupid ticket later on top of the speeding one like a burned out light bulb to totally screw you. I got a suit and was as polite as i could in court and the only reason i say get a lawyer is because its always the cops word against yours. And to make it more believeable say you had cruise control on! that helped my case.

[biketsai]

Sort of the same situation happened to me. I did get a lawyer and it did cost me more than the ticket itself but look at it this way. I dont have a ticket on my record now and all you need is a stupid ticket later on top of the speeding one like a burned out light bulb to totally screw you. I got a suit and was as polite as i could in court and the only reason i say get a lawyer is because its always the cops word against yours. And to make it more believeable say you had cruise control on! that helped my case.

Lol, this Ford Focus doesnt have it!

[MattzWarsteiner]

Not Guilty!

You'll be in luck if you told Mr. Policeman about your doppleganger when you were pulled over. You can then question him in court and the judge will have something else in your favor to listen to. Reasonable doubt. The gf should really be a witness tho.....so ask for a continuance and tell the clerk why you need it. It is legit and they should grant it.


Damn, I had no idea a Focus could do 92. Oh yah, try not to watch My Cousin Vinny between now and your court date.

[oneohone]

Man Chris I'm sorry about the incident. State Troopers suck nuts, on my way back from San Antonio a couple of weeks ago I got rear-ended by one in Austin. He was not even paying attention in traffic. I'm sure you'll get out of it just be respectful in court and your golden.

[mike-2ptzero]

I would go to court and ask for them to show the video being taken by that cop car when he first sees a focus driving fast and up till the time he pulls you over. Just sounds like he didn't care which focus he pulled over and just wanted to give someone a ticket without having to chase someone down to do it.


You really do need your GF as a witness, if she is not there dont even mention her since it will just piss the judge off.

[willowtreexx]

Damn, I Had No Idea A Focus Could Do 92. Oh Yah, Try Not To Watch My Cousin Vinny Between Now And Your Court Date.

Haha!

[biketsai]

I'll call and try to ask for an extension so I can have a court date when she gets back

[speedydragon]

call for an extension like 2 days prior to your court date. Best of luck Chris!

[MattzWarsteiner]

You'll need to file a motion for discovery to get to the dash cam tape. Viewing before court can be arranged.....get some help on to proceed with this and discovery.

Your local legal aid society can hook you up with like a 1/2 hour of a local attorneys time for less than $50 for advice.

[kevin12]

call for an extension like 2 days prior to your court date. Best of luck Chris!

Probably should do it at the minimum of 7 days because here in Jersey you have 1 week before your court date to plead not guilty. After that last week you have to pay the fine and take the points. It should list it on the back of the ticket where it explains not guilty pleas. Atleast thats how every ticket I ever gotten was like... But if you call around that time period they will definitely move the date because more then likely that court date has already been filled. And 9 times out of 10 they ask you whats a good date for you or if the next available court date works with your schedule.

Good Luck Man

[matt719]

Just as some encouragement...

Last year I was driving from Montreal to Massachusetts and got pulled over in New Hampshire (they love finding Massholes speeding) for going 82 in a 55. He thought he was being Mr. Nice Guy by giving me an 80 in a 55. While I actually was speeding, I honestly wasn't attempting to, simply moving with traffic. I decided to fight it after many friends said the cops didn't show up to their court dates.

Well, the cop showed up. My plan B went into affect: blue blazer, khakis, nice shoes, and some ass kissing. I simply explained to the judge (which was the truth) that I was stopped at the bottom of a mile long, steep hill which increased my speed, plus the interstate had just changed from a 65 mph zone to a 55 mph zone (which I honestly hadn't noticed). Then I reached into my back pocket and whipped out some mega bullshit; I told him I had learned from my mistake. He looked at my record and saw that it was clean and dismissed the ticket. The cop was pissed!

That really sucks that you got busted for a crime you didn't commit. I was pissed enough to get pulled over for something I was entirely guilty of; I would be furious if I was innocent. Definitely bring your girlfriend, and good luck!

[biketsai]

In the end I am taking defensive driving for $110. I didn't know that a lawyer and court fees would excess $500.

[.Mad Hatter.]

this shouldnt be that hard...go to court, you dont need a lawyer, you likely wont even appear in front of a judge. the officer should provide proof that a vehicle with your tags was going a certain speed. if there is a doubt you should be ok

[biketsai]

this shouldnt be that hard...go to court, you dont need a lawyer, you likely wont even appear in front of a judge. the officer should provide proof that a vehicle with your tags was going a certain speed. if there is a doubt you should be ok

Then again, my credibility against an offer is probably not so good. Plus, its a 2hr drive down there for a "chance" at loosing. Its a small city too. But I am just gonna take the defensive driving and hope I dont get another ticket this year (knock on wood).

I learned my lesson, next time I get pulled over for something I DIDNT do, ill try and reason.

[MattzWarsteiner]

I've wondered what happened with you and Barney Fife from Dustville.

Glad Unortho and Matt decided to post up here. Hes right, you know. Shouldn't need a lawyer. With a witness, no recent speeding offenses and an honest face you might come out all right with no court costs, fines or points.

on the other hand..... small town, huh? Like his honor finds everybody from out of town guilty for the revenue small? I understand that. Just didn't want you to sell yourself short on your word and the truth.

[m5racer]

that sucks, same thing happened to a buddy of mine