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#1 |
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Scooby Specialist
Member#: 7760
Join Date: Jun 2001
Location: Long Beach
Vehicle:2002 Truly Slow 2006 Audi A3 in the shop |
So tonight driving home on 101 at night, I'm in the carpool lane and the guy following me is closing in so I speed up. I forget to watch my speed and then go up to over 80. Immediately the guy flashes lights red. I pull over to the left but he flashes again and begins weaving. I try to get over to the right lane quickly but it's hard with the traffic moving faster than me and not letting me shift lanes, but I get over there.
When I get ticketed he gives me one for speeding and one for failing to yield to the right. Is this going to be two points on my license? Dammit, don't bother supporting one of those cop charities, those stickers they give you result in them cutting you any slack.
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#2 |
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Scooby Newbie
Member#: 28439
Join Date: Oct 2002
Location: In The Koss
Vehicle:2002 WRX Koss Khor |
sorry to hear that bro, did u say anything about him scaring you for driving so fast in such bad road conditions so u were trying to aviod him? idont know about the points
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#3 |
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Scooby Specialist
Member#: 4181
Join Date: Feb 2001
Location: keeping santa cruz weird
Vehicle:2003 Lancer Evo 8 It's Blue, ok? |
So the guy behind you was the cop? Sooooo if it was the cop behind you, how can he break the law (tailgating) to make you speed?
Is that not entrapment? I think it is, call a lawyer and find out. |
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#4 |
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Scooby Newbie
Member#: 23891
Join Date: Sep 2002
Location: In Car
Vehicle:98 2.5L RS Black |
close call for entrapment, how fast do you think he was comming up behind you?
Good Luck |
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#5 |
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Scooby Specialist
Member#: 7760
Join Date: Jun 2001
Location: Long Beach
Vehicle:2002 Truly Slow 2006 Audi A3 in the shop |
The cop was following at 80. It was pretty bad, because I just let it slip above 80 for a second, and the lights went on. I couldn't argue with him about the speeding because he was putting me on the defensive for not pulling over to the right immediately. I was sick anyway. Unfortunately I already did traffic school this year, so I'm screwed.
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#6 |
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Scooby Newbie
Member#: 14261
Join Date: Jan 2002
Location: LA
Vehicle:2105 Impreza WRX WR Pearl Blue |
a few things:
1) re: entrapment - Did you have a passenger? and also did the cop have a partner? Because the number of eyes will make a difference. If it's police vs. you, not as likely. If it's you + passengers vs. 1 cop, more likely. If it's two cops vs. you, forget about it =P 2) I believe in some cases in court you can request additional traffic school... rather than 8 hours, it's something like 10 or 12 hours. This is for within the 18 month of 12 month traffic school period. 3) In all likelihood it will count as two points. There is a chance that you can plea no contest to speeding, and get the prosecutor to remove the failing to yield by explaining you were signalling the entire time, but there was traffic and you didn't want to create an unsafe situation by weaving through heavy traffic. Of course, the prosecutors are very tricky, so you want to be extremely careful when you talk with them. All said and done, consider how much the ticket will cost you and associated rises in insurance and likelihood of winning anything vs. cost of a lawyer. I wish you the best =( |
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#7 |
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Scooby Newbie
Member#: 29376
Join Date: Nov 2002
Location: Santa Clara, CA
Vehicle:2002 WRX Sedan Red |
www.ticketassassin.com
This is a really good site that I learned from visiting this forum. You should definitely go to court to try to let the judge give you traffic school. Good luck though - that really sucks. |
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#8 |
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Scooby Specialist
Member#: 26249
Join Date: Oct 2002
Location: SF CA
Vehicle:02 Impreza WRX Silver |
Sorry to hear that dude... I dunno how strong is the argument on tailgating by the cop (Cops do tend to break the law too u know, I seen them not stop at the stop signs/ ran a red, both without having their patrol lights on) but the ticket that the cop gave u on not pull over right away in heavy traffic?? Dude, that's a bit wrong. Mr. Disco, (do u have alot of lights in your ride? Neon ones??
) I do suggest u to check out the ticketassassin.com too. Hope u can get away with something. |
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#9 |
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Scooby Specialist
Member#: 16779
Join Date: Mar 2002
Chapter/Region:
SCIC
Location: Oceanside, CA
Vehicle:2008 God's Gift to Turbo Wagons (MS3) |
You were in the carpool (leftmost lane)...then a cop came up behind you and wanted to pass?
From your account you said you moved further LEFT from the carpool lane onto the shoulder (??) to get out of his way? Did I totally misunderstand this story? If you moved left to get out of his way...that tends to piss off the cops too. If I misunderstood...I need some more sleep! Good luck fighting those, tickets suck ![]() |
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#10 |
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Scooby Newbie
Member#: 20836
Join Date: Jul 2002
Location: Bay Area-Novato
Vehicle:02 WRX Silver |
Entrapment-- The act of a peace officer to induce someone to commit a crime not already contemplated by him/her for the purpose of prosecution.
On the first day of my AJ class this semester another student talked about an exzact swituation that you have described. Its not entrapment, but its is speeding. You cant contest the speeding violation...well because you were speeding. The failure to stop sounds kind of odd, did you come to a complete stop on the left soulder and then try to move to the right soulder....it just looks really bad. Like you were trying to get away |
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#11 | |
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Scooby Specialist
Member#: 4181
Join Date: Feb 2001
Location: keeping santa cruz weird
Vehicle:2003 Lancer Evo 8 It's Blue, ok? |
Quote:
You can't argue with the cop, but you could argue your case before the judge. |
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#12 |
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*** Banned ***
Member#: 20950
Join Date: Jul 2002
Location: You will find me at bars...
Vehicle:2002 WRX Sedan/Black 1968 BMW 2002 (project) |
Claim that "in the spirit of the law" you shouldn't be found guilty of speeding.
Claim that you felt you were in immediate danger, and with no evasive manouver available to you other than to speed up. Make it sound like you were afraid....the cop was the bad guy....cop probably won't show up to court to look like an ass... Once I had brakes leaking fluid, cop pulled my for right on a red w/out stopping. I exclaimed to the officer "my brakes just failed, can you please help me?!?!" He ticketed me as I pleaded with him for help, he didn't care and just left, but he never showed up to court... |
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#13 |
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Scooby Specialist
Member#: 25399
Join Date: Sep 2002
Location: Silly Valley, CA
Vehicle:2003 Impreza WRX Black |
At least CA has a general speed law.
With a lawyer you might be able to get off. Anytime a cop is tailgating you, obvious the right thing to do is brake REAL HARD. Yes your honor, a cop rear-ended me at 80 mph on the freeway with no lights on, arrested me, took me to jail and caused great mental anguish, all because he claims I was speeding and stopped fast on purpose, but there was a plastic bag in the road and I thought it was a piece of debris and was gonna hit it an spin out in the rain in traffic. Oh and can I site the officer for tailgating, a citizen can make and arrest right? BTW, here is the plastic bag, I found it in my engine bay. ;-) ok enough humor The judge can award you traffic school even when you have had it recently. All depends on him. Good luck. PS How come you didn't just out-corner him at 120 in the rain? ;-) |
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#14 |
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Scooby Guru
Member#: 2272
Join Date: Sep 2000
Chapter/Region:
BAIC
Location: haha XD
Vehicle:95 L AWD LIFTED!!! 1970 Subaru FF-1 Coupe |
I had a simular thing happen, exept I handled the situation properly.
I was doing 75 in the left lane. Suddenly lights come flying up behind me (motorcycle) I figured it was a cop, so I moved over just infront of another car going a little slower (using turn signal of course) and the cop just kept going even though he got right on my arse like he was taking me down. |
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#15 |
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Scooby Specialist
Member#: 15090
Join Date: Feb 2002
Location: Eureka California
Vehicle:2002 WRX sedan Silver |
Generally I think most cops hate any type of performance vehicle. Its like an ego thing for them. Its like the officers way of asserting his "manly civic given rights" over you. Its like the short guys syndrome as they live with this gnawing inferiority complex that is only relived by making you submit through aggressive behavior.
I noticed this on monday as I was heading south on the I-5. I was doing exactly 70. A chp pulls on to the highway and just stays there about 50 yards away from my vehicle. I could tell that this guy was summing me up and checkig out my car. I pulled over into the slow lane (right one) and he then accelerates and passes me. Cops are weird guys and many of them have painful pasts just like the so called criminals they chase down. Its sadly ironic. Okay what does my post have to do with your subject matter? thanks for letting me ramble.............. ![]() |
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