Terrible Speeding Ticket

Speedy E90 · 10-19-2005, 12:46 PM

So yesterday I took a budy for a ride in my new 330 and had to show the car off a little bit. I took a nice curvey road which led up to a straight away in a very rual area. I got it up to 110 mph thinking I was in a 45....but I was actually in a 35! Then I passed a cop sitting hidden away on the right side. He immediatly turned on his lights turned around started following me. I pulled over...when he came up to my window I thought he was going to arrest me but for some reson he said he clocked me going 85 in a 35 which is not possible since I was going much faster. So I think he did not clock me at all. He saw me flying and could not get his radar gun up in time so he just made up a speed. What shall I do? I am proabably going to lose my licence/possible jail time!!!

:mad:

Oz · 10-19-2005, 12:52 PM

Wow, I'm sorry to hear about that!

I don't know how you can get out of this. Do you have a previous record?

billgti · 10-19-2005, 12:52 PM

just be thankful that he booked u for 85 not 100+. i think 100+ will definitely get your license suspended but 85 should just be a heavy fine and some points on your license. be careful next time, u got away lucky this time!

human · 10-19-2005, 12:53 PM

Dude, my advice would be to consult a lawyer immediately. A local lawyer who specializes in traffic cases. It may be expensive, but will be worth it.

By the way, have you always had that screen name?

RichReg · 10-19-2005, 12:56 PM

He probably did clock you...but is just giving you a break.
Go to court & talk to the prosecutor. You should be able to get it down to a 4 point ticket; which is 20 mph over the speed limit (at least in NJ)

Petercat · 10-19-2005, 12:56 PM

Jail time, really? I doubt you're facing any jail time. I'm assuming you did not ask the officer to show you the radar or if he locked on your speed. Asking this at the time would have benefitted you, although cops don't like to be questioned on it.
Did he write you a speeding ticket or a careless/wreckless driving ticket? If it's just a speeding ticket, I doubt you would lose your license.
I would take it to court. I would admit to knowing that you were in the wrong and certainly going much faster than you should have, but doubt that it was 85. I wouldn't say that you think it was faster than that though. Chances are that if he didn't get you on radar they will have to give you a generic speeding ticket. I don't know how things are in your state, but here in Minnesota, the cop has to show up for the court date or they write off the ticket. Chances are that the cop doesn't want to show up to court for a speeding ticket, so it may be something you just work out with a judge.
I've gone to court to fight speeding tickets in the past and have always had the fines reduced.
Good Luck.

Oh, by the way... Driving that fast in a 35 is pretty stupid.

cosmosblau · 10-19-2005, 12:56 PM

Quote:

Originally Posted by human

Dude, my advice would be to consult a lawyer immediately. A local lawyer who specializes in traffic cases. It may be expensive, but will be worth it.

I concur.

fredtoo · 10-19-2005, 12:59 PM

Don't admit to squat. Get a lawyer, and let him get you out or the ticket reduced

HRC · 10-19-2005, 01:00 PM

Quote:

Originally Posted by Speedy E90

...I got it up to 110 mph thinking I was in a 45....but I was actually in a 35!...

LOL, 35 MPH and a 45 MPH zone is not much different at 110 MPH!! Plus with your screen name Speedy...!!!

I don't think you will go to jail, if so, he would've taken you in that night. Get an attorney if it looks like your license will be suspended.

Danny

StewtheBassman · 10-19-2005, 01:04 PM

Hey Speedy,
I used to live in Durham (gerat city!) and I got stopped late on my way home one night doing about 60 in a 30 or something nasty like that (in my GF's Sunfire). I got a lawyer, and it was the best $180 I spent! Do it, you won't regret it! They speak a language all to themselves, they make little deals with the judge....otherwise I'd look for buyers for your 330i!!!

LEDZEP · 10-19-2005, 01:25 PM

You should consult a lawyer. Don't get cocky based on advice you get here. You ARE lucky he said 85. At over 100 you would probably have been arrested.

MCS · 10-19-2005, 01:51 PM

yow! I agree - get a local lawyer that specializes in driving infractions.

If you were 20- 30 over the limit, I'd go to court and plead guilty with hopes of reducing the penalty (reduction of points, etc) However, since its much higher, a lawyer is your best bet.

Good luck

FABSAN · 10-19-2005, 01:52 PM

Fight it! If he hit you on radar gun while on a curvy road you can easily get off. Radar guns are designed for straight roads. Its possible the gun picked you up 85 if you were really doing 110. Get a lawyer and keep your mouth shut.

Accounting4Speed · 10-19-2005, 01:55 PM

I have accumulated a nice collection of speeding infractions in my day, 4 to be exact, so let me see if I can help. Will you lose your license, very very doubtful. Will you most likely lose this case, yes. If you choose to go to court, which is always a better plan, you will get the fine reduced unless there is a mandatory minimum fine law in the state revised statutes, which in NC I believe if you are going 15+ mph over the posted limit you get a 30 day suspension.

What you should have done. First, when the office pulls you over, BE NICE and BE HONEST. If you are polite and rather forthcoming, they are much more likely to give you a break. Say you know you were speeding and you are sorry. BSing about "oh, I didn't notice I was speeding" will only get you in more trouble. Second, ask to see the radar/laser gun. The gun should still have a reading of the last speed it tracked, so you will have a visual verification of if he actually clocked you. Third, the only way to get out of a ticket like this is with a bit of math/science. Lemme explain.

Say you are driving, and going around a sweeping turn, the cop can't judge your speed via gun because you aren't moving straight toward him, his display will read a much slower number, us the pythagoren theorem to figure out how much less he'd read you. Go to where the officer clocked you and photograph the scene, measure necessary angles and see how fast you'd be going on his gun based on the distance needed to get an "accurate speed reading." From there, just put the pieces together. If you feel he lied, plead innocent, if not, plead guilty.

Hope all that helps, if you have further questions, just send me a private message. Later, and stick it to the man.

bimmer4me · 10-19-2005, 02:05 PM

Okay, so he does all the "pythagoren theorem" project tasks...then what? Is he supposed to tell the judge, "No, I was really doing 110. The officer can't be trusted." It sounds like you know way more about this than I do, but I find it hard to believe that would work. Sounds like the wrong man might get stuck here.

Mauricio · 10-19-2005, 02:09 PM

Definitely get a lawyer...and a Valentine One!

FABSAN · 10-19-2005, 02:13 PM

Quote:

Originally Posted by bimmer4me

Okay, so he does all the "pythagoren theorem" project tasks...then what? Is he supposed to tell the judge, "No, I was really doing 110. The officer can't be trusted." It sounds like you know way more about this than I do, but I find it hard to believe that would work. Sounds like the wrong man might get stuck here.

He doesn’t have to say anything. That’s what the lawyer is for. Let him fight your battle. The officer has to prove he was doing 85mph and on the curve its questionable. Thats IF he got you on the curve.

yu · 10-19-2005, 02:17 PM

Get a lawyer and tell him everything. Correct me if I'm wrong, and this might be a state law or something, but I was told that if they didn't clock you, they can't give you a ticket no matter how fast you were going. If you tell your lawyer this, he'll take care of everything.

LEDZEP · 10-19-2005, 02:22 PM

The more I think about this, the more it bugs me. Everyone is hollering "fight it" like you've been victimized. I'm not trying to be judgemental here, but you were doing 110 MPH in a 35 MPH zone on a curvy hilly road. I truly hope that this incident does not cost you too much pain - but it should cost you some! You should be very thankful that some kid on a bike didn't come darting out onto the road, etc. I'm guessing that speed limit (while probably a conservative number) is there for a reason.

kuthair · 10-19-2005, 02:23 PM

You got lucky. Here in CT, 85 and over (regardless of posted speed limit) is reckless driving and all though you may not lose your license for it, it can be costly. My recommendation... the ticket he gave you has a statute number on it.

Here is the North Carolina General Assembly website:
http://www.ncga.state.nc.us/gascript...s/Statutes.asp

Look up the statute number and see what it says. Some statutes will have mins and maxes built into the law so you'll know exactly what your facing.

I highly doubt you will lose your license. I also don't think you will need a lawyer. My bet.... $200 or less.

bimmer4me · 10-19-2005, 02:27 PM

Quote:

Originally Posted by FABSAN

He doesn’t have to say anything. That’s what the lawyer is for. Let him fight your battle. The officer has to prove he was doing 85mph and on the curve its questionable. Thats IF he got you on the curve.

I'm still not following you. What I hear you saying is that speedy's lawyer has prove that speedy was not going 85mph by showing he was actually faster?!?! Doesn't add up for me.

Accounting4Speed · 10-19-2005, 02:32 PM

No, what's being said is that the office has to prove he was going 85mph, but that is actually not true. In court, the judge assumes that the officer is an ccurate judge of speed, you have to prove that he is wrong.

He just needs to prove, mostly, that the office did not have a good line of sight to judge his speed.

10-19-2005, 12:46 PM	#1
Speedy E90 330 Sport, Comfort, Winter, Navi, Carbon Fiber Lip, Sparkling Graphite, Beige Leather, V710 21 Rep 155 Posts Drives: BMW E90 330 sport Join Date: Jun 2005 Location: Washington D.C., sometimes Durham, NC iTrader: (0)	Terrible Speeding Ticket So yesterday I took a budy for a ride in my new 330 and had to show the car off a little bit. I took a nice curvey road which led up to a straight away in a very rual area. I got it up to 110 mph thinking I was in a 45....but I was actually in a 35! Then I passed a cop sitting hidden away on the right side. He immediatly turned on his lights turned around started following me. I pulled over...when he came up to my window I thought he was going to arrest me but for some reson he said he clocked me going 85 in a 35 which is not possible since I was going much faster. So I think he did not clock me at all. He saw me flying and could not get his radar gun up in time so he just made up a speed. What shall I do? I am proabably going to lose my licence/possible jail time!!! :mad:
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10-19-2005, 12:52 PM	#2
Oz Lieutenant Colonel 33 Rep 1,770 Posts Drives: 2006 330i, 2004 X5 Join Date: Aug 2005 Location: Wayne, NJ iTrader: (1) Garage List 2006 330i [0.00]	Wow, I'm sorry to hear about that! I don't know how you can get out of this. Do you have a previous record? __________________ 2006 330i Steptronic/Alpine White/Black Leather/Burl Walnut Trim/Premium Package/iDrive/Heated Seats/Winter: STYLE 159 Blizzak LM-22 RFT/Summer: TBD 2004 X5 Steptronic/Alpine White/Grey Leather/Poplar Trim/Premium Package/Heated Seats/iPod Adapter
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10-19-2005, 12:52 PM	#3
billgti Lieutenant 26 Rep 506 Posts Drives: 06 BMW 330i Join Date: Jul 2005 Location: Los Angeles, CA iTrader: (0)	just be thankful that he booked u for 85 not 100+. i think 100+ will definitely get your license suspended but 85 should just be a heavy fine and some points on your license. be careful next time, u got away lucky this time!
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10-19-2005, 12:53 PM	#4
human Private First Class 19 Rep 190 Posts Drives: honda civic ex Join Date: Aug 2005 Location: south of westconsin iTrader: (0)	Dude, my advice would be to consult a lawyer immediately. A local lawyer who specializes in traffic cases. It may be expensive, but will be worth it. By the way, have you always had that screen name?
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10-19-2005, 12:56 PM	#5
RichReg Colonel 121 Rep 2,099 Posts Drives: 2015 435Xi GC & 2000 323Ci. Join Date: Apr 2005 Location: New Jersey iTrader: (0)	He probably did clock you...but is just giving you a break. Go to court & talk to the prosecutor. You should be able to get it down to a 4 point ticket; which is 20 mph over the speed limit (at least in NJ)
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10-19-2005, 12:56 PM	#6
Petercat Cat Herder 8 Rep 274 Posts Drives: LR3, again... Join Date: Jun 2005 Location: Mpls, MN iTrader: (0)	Jail time, really? I doubt you're facing any jail time. I'm assuming you did not ask the officer to show you the radar or if he locked on your speed. Asking this at the time would have benefitted you, although cops don't like to be questioned on it. Did he write you a speeding ticket or a careless/wreckless driving ticket? If it's just a speeding ticket, I doubt you would lose your license. I would take it to court. I would admit to knowing that you were in the wrong and certainly going much faster than you should have, but doubt that it was 85. I wouldn't say that you think it was faster than that though. Chances are that if he didn't get you on radar they will have to give you a generic speeding ticket. I don't know how things are in your state, but here in Minnesota, the cop has to show up for the court date or they write off the ticket. Chances are that the cop doesn't want to show up to court for a speeding ticket, so it may be something you just work out with a judge. I've gone to court to fight speeding tickets in the past and have always had the fines reduced. Good Luck. Oh, by the way... Driving that fast in a 35 is pretty stupid. __________________ Waiting for my e93.
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10-19-2005, 12:59 PM	#8
fredtoo First Lieutenant 15 Rep 340 Posts Drives: 325 328 350 Join Date: Jun 2005 Location: nj iTrader: (0) Garage List 1986 328 [0.00] 2006 325 [0.00]	Don't admit to squat. Get a lawyer, and let him get you out or the ticket reduced
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10-19-2005, 01:04 PM	#10
StewtheBassman Major General 199 Rep 6,381 Posts Drives: 2011 X5d 421,000kms Join Date: Aug 2005 Location: Hudson, Quebec iTrader: (1)	Hey Speedy, I used to live in Durham (gerat city!) and I got stopped late on my way home one night doing about 60 in a 30 or something nasty like that (in my GF's Sunfire). I got a lawyer, and it was the best $180 I spent! Do it, you won't regret it! They speak a language all to themselves, they make little deals with the judge....otherwise I'd look for buyers for your 330i!!! __________________
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10-19-2005, 01:25 PM	#11
LEDZEP Lieutenant General 418 Rep 12,276 Posts Drives: 2009 E70 & 2011 F25 Join Date: Jun 2005 Location: Area 51 iTrader: (0) Garage List 2011 X3 35i M Sport [7.62] 2009 X5 M Sport [0.00] 2007 328xi E90 [0.00] 2006 325xiT E91 [0.00]	You should consult a lawyer. Don't get cocky based on advice you get here. You ARE lucky he said 85. At over 100 you would probably have been arrested. __________________ I think it is bad luck to be superstitious
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10-19-2005, 01:51 PM	#12
MCS e90 newbie 35 Rep 448 Posts Drives: 2012 M3 E93 Join Date: Jul 2005 Location: Northern NJ iTrader: (2) Garage List 2006 330i [0.00]	yow! I agree - get a local lawyer that specializes in driving infractions. If you were 20- 30 over the limit, I'd go to court and plead guilty with hopes of reducing the penalty (reduction of points, etc) However, since its much higher, a lawyer is your best bet. Good luck __________________ E93 IL Blue M3 ZPP, ZCW
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10-19-2005, 01:52 PM	#13
FABSAN Enlisted Member 10 Rep 40 Posts Drives: 06 325i Join Date: Sep 2005 Location: New York iTrader: (0)	Fight it! If he hit you on radar gun while on a curvy road you can easily get off. Radar guns are designed for straight roads. Its possible the gun picked you up 85 if you were really doing 110. Get a lawyer and keep your mouth shut. __________________ '06 325i Jet Black, Premium, Sports, Cold Weather, Steptronic, Black on Black, Poplar
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10-19-2005, 01:55 PM	#14
Accounting4Speed Kind of a Big Deal 33 Rep 202 Posts Drives: 330i Join Date: Sep 2005 Location: Boston, MA iTrader: (0)	I have accumulated a nice collection of speeding infractions in my day, 4 to be exact, so let me see if I can help. Will you lose your license, very very doubtful. Will you most likely lose this case, yes. If you choose to go to court, which is always a better plan, you will get the fine reduced unless there is a mandatory minimum fine law in the state revised statutes, which in NC I believe if you are going 15+ mph over the posted limit you get a 30 day suspension. What you should have done. First, when the office pulls you over, BE NICE and BE HONEST. If you are polite and rather forthcoming, they are much more likely to give you a break. Say you know you were speeding and you are sorry. BSing about "oh, I didn't notice I was speeding" will only get you in more trouble. Second, ask to see the radar/laser gun. The gun should still have a reading of the last speed it tracked, so you will have a visual verification of if he actually clocked you. Third, the only way to get out of a ticket like this is with a bit of math/science. Lemme explain. Say you are driving, and going around a sweeping turn, the cop can't judge your speed via gun because you aren't moving straight toward him, his display will read a much slower number, us the pythagoren theorem to figure out how much less he'd read you. Go to where the officer clocked you and photograph the scene, measure necessary angles and see how fast you'd be going on his gun based on the distance needed to get an "accurate speed reading." From there, just put the pieces together. If you feel he lied, plead innocent, if not, plead guilty. Hope all that helps, if you have further questions, just send me a private message. Later, and stick it to the man.
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10-19-2005, 02:05 PM	#15
bimmer4me Captain 52 Rep 996 Posts Drives: 2006 330i Join Date: Apr 2005 Location: Northern Virginia iTrader: (0) Garage List 2006 330i [0.00]	Okay, so he does all the "pythagoren theorem" project tasks...then what? Is he supposed to tell the judge, "No, I was really doing 110. The officer can't be trusted." It sounds like you know way more about this than I do, but I find it hard to believe that would work. Sounds like the wrong man might get stuck here. __________________ 2006 330i Monaco Blue \| Grey \| Walnut ...Manual \| Sports \| Premium \| Cold \| Nav \| Comfort Access \| PDC \| Sirius \| Sunshade ...M-Tec Steering Wheel \| M-Tec Shifter \| TLC ...Performance Center Delivery \| Oct 14, 2005
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10-19-2005, 02:09 PM	#16
Mauricio Private First Class 16 Rep 107 Posts Drives: 2006 330i, MT, SP Join Date: Jun 2005 Location: Miami, FL iTrader: (0) Garage List 2006 330i [0.00]	Definitely get a lawyer...and a Valentine One!
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10-19-2005, 02:17 PM	#18
yu Captain 103 Rep 757 Posts Drives: E90 325i Join Date: Oct 2005 Location: VA iTrader: (3)	Get a lawyer and tell him everything. Correct me if I'm wrong, and this might be a state law or something, but I was told that if they didn't clock you, they can't give you a ticket no matter how fast you were going. If you tell your lawyer this, he'll take care of everything.
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10-19-2005, 02:22 PM	#19
LEDZEP Lieutenant General 418 Rep 12,276 Posts Drives: 2009 E70 & 2011 F25 Join Date: Jun 2005 Location: Area 51 iTrader: (0) Garage List 2011 X3 35i M Sport [7.62] 2009 X5 M Sport [0.00] 2007 328xi E90 [0.00] 2006 325xiT E91 [0.00]	The more I think about this, the more it bugs me. Everyone is hollering "fight it" like you've been victimized. I'm not trying to be judgemental here, but you were doing 110 MPH in a 35 MPH zone on a curvy hilly road. I truly hope that this incident does not cost you too much pain - but it should cost you some! You should be very thankful that some kid on a bike didn't come darting out onto the road, etc. I'm guessing that speed limit (while probably a conservative number) is there for a reason. __________________ I think it is bad luck to be superstitious
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10-19-2005, 02:23 PM	#20
kuthair Captain 11 Rep 613 Posts Drives: 07 335i Sedan 6MT Join Date: Oct 2005 Location: Connecticut iTrader: (0)	You got lucky. Here in CT, 85 and over (regardless of posted speed limit) is reckless driving and all though you may not lose your license for it, it can be costly. My recommendation... the ticket he gave you has a statute number on it. Here is the North Carolina General Assembly website: http://www.ncga.state.nc.us/gascript...s/Statutes.asp Look up the statute number and see what it says. Some statutes will have mins and maxes built into the law so you'll know exactly what your facing. I highly doubt you will lose your license. I also don't think you will need a lawyer. My bet.... $200 or less.
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10-19-2005, 02:32 PM	#22
Accounting4Speed Kind of a Big Deal 33 Rep 202 Posts Drives: 330i Join Date: Sep 2005 Location: Boston, MA iTrader: (0)	No, what's being said is that the office has to prove he was going 85mph, but that is actually not true. In court, the judge assumes that the officer is an ccurate judge of speed, you have to prove that he is wrong. He just needs to prove, mostly, that the office did not have a good line of sight to judge his speed.
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