how can you get out of a speeding ticket? - NJFBOA - Home of New Jersey's Camaros and Firebirds

jts98z28 · 08-03-2010, 07:43 AM

well i deliver pizza and on my last delivery last night a got pulled over for doing 65 in a 50, i am almost positive i was only doing 60 but either way i know i was speeding. the problem is i already have 4 points on my license and i heard when you get to 6 or over 6 or sumthing like that you have to pay the dmv $150 a year? and my insurance will probably kick me off so anybody have any ideas?
thanks

JW · 08-03-2010, 08:10 AM

You can go to court and fight it, if you don't want the points then you could try and plea to unsafe driving for an extra fine but no points. You only get to do this so often though.

Also, you might want to look into defensive driving, taking this allows you to remove 2 points from your license.

Lastly, you are right about the 6 points and above you will get NJ Surcharges.

JW

79T/A · 08-03-2010, 08:14 AM

I can't really think of a way for you to get out of it, especially with already having four points. What about driving school to reduce some of the points? Also, have you ever been convicted of "Unsafe Operation of a Motor Vehicle?" It's under the Careless Driving statute. Basically, it's a downgrade usually given in court that offers no points but an extremely hefty fine (Usually around $450). But that's in lieu of insurance surcharges and whatnot, so you pay it once as opposed to paying thousands over the next few years. But again, I don't know if you can do that with four points. So...lawyer?

LTb1ow · 08-03-2010, 08:38 AM

You are screwed either way with insurance, if you knock the points off at court they still will see them.

Green_Phoenix_LT1 · 08-03-2010, 08:51 AM

i highly doubt your insurance will drop you. at one point i had accrued 14pts total. geico still kept me around lol. you may get lucky since nj is broke. when you go court tell the prosecutor that you know you were wrong and tell him you are willing to plea guilty to a pointless offense for a bigger fine.

BigAls87Z28 · 08-03-2010, 09:54 AM

You could have asked to see the radar gun at the time, and then brought into question the testing and validation of the gun.
Better just to plea it down to no points, but you are gunna pay more up front. Your insurance might or might not go up.

sweetbmxrider · 08-03-2010, 09:56 AM

yeah just explain your situation and hope he has a soft spot. next time, give it more gas.

Featherburner · 08-03-2010, 10:27 AM

Quote:

Originally Posted by BigAls87Z28

You could have asked to see the radar gun at the time.

You can ask all you want, they're not going to show you.

ryanfx · 08-03-2010, 11:45 AM

Quote:

Originally Posted by BigAls87Z28

You could have asked to see the radar gun at the time, and then brought into question the testing and validation of the gun.
Better just to plea it down to no points, but you are gunna pay more up front. Your insurance might or might not go up.

They will not / don't have to show you the gun. You also question the testing and validation of the gun during court... not when you're pulled over. Not that it would help of course, you act like every single lawyer on earth doesn't pull that card for the 100+ speeding tickets municipal courts hear every day.

wretched73 · 08-03-2010, 11:48 AM

Quote:

Originally Posted by Featherburner

You can ask all you want, they're not going to show you.

I was pretty sure they had to show you if you asked? Like pretty sure as in i know a statey and he said that if asked it had to be shown.....

ryanfx · 08-03-2010, 12:05 PM

Quote:

Originally Posted by wretched73

I was pretty sure they had to show you if you asked? Like pretty sure as in i know a statey and he said that if asked it had to be shown.....

I challenge you to show me a single state's law that requires this. Until then, your statey doesn't know what he's talking about.

IF any officers are "required" (which I highly doubt), it would only be from organizational policy rather than law.

BigAls87Z28 · 08-03-2010, 01:06 PM

I thought it was a law as well, checks and balances type of thing. You could pull the serial number off the gun and what it clocked you at. The gun is a piece of evidence, is it not? If its admisiable in court, then it has the ability to be checked for validation, no? And said validation can be brought up to question in a trial, if you so wanted to take it that far.
Give me a reason they CANT show you the gun. Not to pull this line out, but the police work for the people, at least thats how its supposed to work.

ryanfx · 08-03-2010, 01:12 PM

Quote:

Originally Posted by BigAls87Z28

I thought it was a law as well, checks and balances type of thing. You could pull the serial number off the gun and what it clocked you at. The gun is a piece of evidence, is it not? If its admisiable in court, then it has the ability to be checked for validation, no? And said validation can be brought up to question in a trial, if you so wanted to take it that far.
Give me a reason they CANT show you the gun. Not to pull this line out, but the police work for the people, at least thats how its supposed to work.

I never said that it's not admissible in court, or not a piece of evidence. One good reason for not showing you the gun is many times officers don't lock in speeds on the gun to show a short distance tracking of you. For example, "vehicle was paced for 1/4 mile doing apx 75 and then passed a vehicle on the right, accelerating to a maximum of 83 mph".

The validation can be used in trial but the serial numbers are marked by the officer and checked that way. Many officers are trained to issue speeding tickets based on sight alone, radar guns aren't required to give you a speeding ticket.

Formula_Ltx · 08-03-2010, 01:15 PM

jus went to court yesterday for 108in a 50mph consrtuction zone down rt55 which also carryed a reckless with it i got the reckless dropped an the speeding down to 89 in a 50 but i also had the paper work to prove the speedo was off an was corrected. if u've never pled a ticket down u should be fine to do so provided the prsecutor isnt in a bad mood. an now all tickets that carry points in this state come with dmv surcharges, i got a careless a few months ago then got a letter in the mail saying they want $150 a year for the next 3 years. the state is hurting for money. but deffinately talk to the prosecutor an ask them to lower or drop the points for insurance purposes, they've never told me no

79T/A · 08-03-2010, 02:54 PM

Quote:

Give me a reason they CANT show you the gun. Not to pull this line out, but the police work for the people, at least thats how its supposed to work.

Because THE COP is in charge of the stop, NOT YOU. Unless there are some extenuating circumstances (Such as having to perform a DWI field sobriety test, Terry frisk, etc.), you're not getting out of the car. It's tactically unsound to let someone out of their car. It can be a danger to them (Struck my traffic) or the officer (Raving lunatic who is now on a more level playing field to fight). Plus, you're not going to go poking around in my police car to look at the serial number of my radar unit, where not only is there valuable township property but my own personal property as well (Just like I'm not going to go into your home or workplace without a subpoena).

What you're going to do is hire a lawyer, who will subpoena all records about that car (When the speedo and/or radar were last calibrated, and all of that serial number stuff) as well as the officer (Radar certification). This is where The State has to support its burden of proof, NOT on the side of the ride. You ask to see the radar, you'll either get a polite 'no' or an angry cop who may write you more tickets.

08-03-2010, 04:47 PM

Quote:

Originally Posted by 79T/A

Because THE COP is in charge of the stop, NOT YOU. Unless there are some extenuating circumstances (Such as having to perform a DWI field sobriety test, Terry frisk, etc.), you're not getting out of the car. It's tactically unsound to let someone out of their car. It can be a danger to them (Struck my traffic) or the officer (Raving lunatic who is now on a more level playing field to fight). Plus, you're not going to go poking around in my police car to look at the serial number of my radar unit, where not only is there valuable township property but my own personal property as well (Just like I'm not going to go into your home or workplace without a subpoena).

What you're going to do is hire a lawyer, who will subpoena all records about that car (When the speedo and/or radar were last calibrated, and all of that serial number stuff) as well as the officer (Radar certification). This is where The State has to support its burden of proof, NOT on the side of the ride. You ask to see the radar, you'll either get a polite 'no' or an angry cop who may write you more tickets.

Ding Ding Ding, this is correct. ive fought more than one speeding ticket with a lawyer

Frosty · 08-03-2010, 04:58 PM

Quote:

Originally Posted by wretched73

I was pretty sure they had to show you if you asked? Like pretty sure as in i know a statey and he said that if asked it had to be shown.....

No offense but you're either talking about of your you know what or your trooper buddy was messing with you....they are under no obligation to show you a damn thing at the time of the stop.

I see your state trooper and raise you 3 family members in law enforcement, one of which was a police chief

btownws6 · 08-03-2010, 05:00 PM

you can plead to the unsafe only 2 times in 5 years and the insurance wont kick you off and yes surcharges to apply but they come with the tickets not the points i have 16 points right now and i have insurance and a license

fmybody · 08-03-2010, 07:31 PM

get a lawyer if its that serious... nothing else will do much...

as for the whole ask to see the radar... yeah ok.

V · 08-03-2010, 11:25 PM

easiest way to get out of a speeding ticket is BEFORE he writes it. talk your way out of it or dont speed. once its written and court comes involved, its no longer "easy"...

IROCZman15 · 08-07-2010, 05:49 PM

Quote:

Originally Posted by V

easiest way to get out of a speeding ticket is BEFORE he writes it. talk your way out of it or dont speed. once its written and court comes involved, its no longer "easy"...

very true!

and correct: there is no obligation for an officer to show you the radar unit. no laws on it. if the officer is using a portable hand-held lazer unit, he may decide to PROVE to you by showing you the speed reading he got you at, but he does not have to. at all