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View Full Version : New Mexico lawyer suggestions...
DoctorNick 03-30-2004, 02:50 PM 93 in a 75 according to a state trooper on the highway. Funny thing is my Val 1 (which is still working perfectly fine) didn't go off. I asked the officer to see the speed and the officer said she couldn't.
I am looking to see if anyone has any traffic lawyer suggestions. I don't care if I plead guilty to a lower speed. But to be honest, I don't think I was going that fast(at one point at my trip I might have hit 100 but that was 20 minutes before I was pulled over by this officer.
I just want to make sure it doesn't go on my record as a speeding ticket and will pay whatever I gotta pay to fight it.
any suggestions appreciated.
ghedo icy 03-30-2004, 02:58 PM 18 above on the highway? That doesn't sound so bad...
-Matt
DoctorNick 03-30-2004, 04:48 PM Enh, my last speeding ticket (a little over a year and a half ago was for 15 over...iirc) so I am slightly in an urge to get this one wiped from my record so my insurance doesn't skyrocket.
(thats what I get for helping a friend try to get to the airport after she missed her bus :/ )
fibuz 03-30-2004, 06:20 PM Well...you should have asked for a supervisor before hand and demand the speed reading...Really it is the cops word against yours. However, you may scare off the cop and he/she may not show because they know they didnt have the speed reading.
I wouldn't bring up having the V1 in court...might piss off the judge.
I'd try and defend it myself personally...get a suit. Come in with drawings, pictures, legal documentation. You can find almost anything online regarding that kind of stuff.
Check what kind of beam was supposidly sent out, Ka, K, Laser (prolly K, or Ka)...do some research on that. Just walk in there and make the judge think you know what you're talking about. Say that you demanded to see the radar readout, the officer denied your request. Say you demanded to have supervisor come by and check the reading, they denied.
They HAVE to show you the reading if you request it. They HAVE to bring in a supervisor if you request it.
If the officer mysteriously has the proof now, ask the judge to through it out based on the fact that it could be fabricated because the officer refused to show it to you in the first place.
Also, check the ticket. The officer could have "paced" you...which means staying a bit back and counting the mile markers and calculating the speed. If this is the case, look for inconsistancies, such as how long you were paced, time of day, hard to see or not, within traffic, flow of traffic, etc...
With pacing, I'm sure you could talk to judge down to a lesser speed, and lesser fine, just by stating the inconsistancies in pacing.
Good luck, hire a lawyer if you need to, but I really think you can do this on your own.
fibuz 03-30-2004, 06:21 PM Originally posted by ghedo icy
18 above on the highway? That doesn't sound so bad...
-Matt
Be careful Matt, 90+ in AZ is Criminal Speeding too, even if the speed limit is 75 :( Few friends found that out the hard way.
ghedo icy 03-31-2004, 02:42 PM Really? Well, **** the police! :D
-Matt
fibuz 03-31-2004, 02:43 PM Originally posted by ghedo icy
Really? Well, **** the police! :D
-Matt
word up to that.
MattSEG 04-01-2004, 05:22 AM last lawyer I had for this stuff was a moron...sorry
N-Gin 04-03-2004, 07:09 AM Well, I would just go without a lawyer and hope the cop doesn't show up. I haven't had a Stater show up for a ticket trial yet.
If the cop does show up, I would just ask the judge for either traffic school or deferred adjudication (basically, if you keep your nose clean for 30-90 days, the ticket will be dropped). Although with a ticket on your record from 1.5 years ago, DA probably won't be given to you.
Good luck!
system_s4000 04-03-2004, 03:20 PM As long as you were on a rural highway the points don't get reported to your insurance. If the speed limit was 75, I imagine you were on the interstate and there is a good chance there are no points involved. The cop should have put an "R" on your ticket somewhere.... If not, ask the court to make sure he does so and just pay the ticket. Its not worth fighting them in this state, the judges are to damn dumb.
Maybe they paced you to get the speed? Did they at least indicate on the ticket how they clocked you? Definitely show up at court - assuming the officer shows up, I would be apologetic and ask for traffic school. A lawyer is probably overkill unless you got dinged for reckless or something like that. Not having an otherwise clean record isn't going to help.
sube151 04-03-2004, 07:55 PM That is teh suck! Have your already done the driving school?
What police division was it?
MattSEG 04-04-2004, 12:05 AM they give it out driving school more than they 'should' long as you're respectful, unlike most of the schmucks around here, you'll most likely get a differed sentence.
DoctorNick 04-04-2004, 12:20 AM Originally posted by N-Gin
Well, I would just go without a lawyer and hope the cop doesn't show up. I haven't had a Stater show up for a ticket trial yet.
If the cop does show up, I would just ask the judge for either traffic school or deferred adjudication (basically, if you keep your nose clean for 30-90 days, the ticket will be dropped). Although with a ticket on your record from 1.5 years ago, DA probably won't be given to you.
Good luck!
Are they able to pull out of state record for the court date?
N-Gin 04-04-2004, 11:28 AM Originally posted by DoctorNick Are they able to pull out of state record for the court date? Honestly, I don't know. Our records database here is NM was quite poor. Up until recently, officers couldn't even tell if your insurance card was vaild.
Like everyone else has suggested, be polite and contrite, and you'll probably get traffic school, at worst.
system_s4000: I'd really like to know where you heard about this "rural highway" thing. This reminds me of the old overpaying for a traffic ticket UL. (http://www.snopes.com/autos/law/ticket.asp)
Dr.Nick: Here's hoping that all you hear is "the officer isn't here, so case dismissed."
N-Gin 04-08-2004, 03:28 PM Here's information regarding New Mexico's point system (.pdf file). (http://www.state.nm.us/tax/forms/mvd/mvd11011.pdf) I don't see anything that mentions rural road point exemptions.
DoctorNick 04-10-2004, 05:26 PM Okie, so if I say not guilty what happens. I actually have never pled anything in court. Any info would be hugely apprecaited
criscross79 04-13-2004, 02:16 PM Here, you might find this intersting about your V1 not going off. It might not be the case but worth a look at least. http://valentine1.com/pop/
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