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Old 08-22-2000, 07:22 AM   #1
NickSTi
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Member#: 626
Join Date: Dec 1999
Location: Miami FL
Vehicle:
2001 Impreza 2.5 RS
Black Diamond Pearl

Unhappy 1st ticket in Subie. Cops have Absolute power? Need help!

On my way to my first autoX on sunday I was following my Honda friend down US 27 at 7:30am. We hit the city and the speed limit dropped from 65 to 35. I am a total wuss and i was driving at 40mph. My friend was like 5 car lengths ahead of me and I have no idea how fast he was going. A police car is exitting from a side road and takes a left. This is the thing:
I was folowing my friend and I was so far behind and travelling so slow that the cop manages to pull infront of me STILL. He turns his lights on and pulls behind my friend. He pulls over and into a parking lot. So do I. This is what the cop says to my friend when backup comes.
Yeah you were racing, driving recklessly by overtaking the blue car in a corner. This is my first WTF! I was never leading! I had no idea where we were or how to get where we were going. (I was told this. I was sitting like 10 feet away in my car)
All this time I am sitting in my car all peaceful like and then when he is almost finished argueing with my friend who defends himself about racing et al, he comes up to me and asks for my license! WHAT. I was like WHY??? He said well since you pulled over too I am going to give you a ticket! WTF!!!He said I was doing 57 in a 45! I was like WHAAAT! Anyway I was so shocked about the whole thing I said nothing more. I told him when he handed me the citation I was going to contest the ticket.
This the my final WTF! I get a ticket for the same speed as my friend, 57 in a 45. Radar. He just gave us the yellow citation and nothing else, making it really hard for me to find out the rest of info. The funnie thing is I was shock/in disbelief/upset and not mad (but my friend was mad as hell). Talk about injustice. The ironic thing is he was really nice to us afterwards. He in not so many words told us the judge is really nice, try traffic school and not court (hmmmmmmm)

Now the advice part. I am going to contest the ticket. I am afraid that cops have absolute power in the court. My friend says he wants to come too not to defend himself but to help me. I was not speeding. Help? I would LOVE to hear from the cops on this board too
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Old 08-22-2000, 07:27 AM   #2
harpy
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that ***** would never fly here

I have no idea what you can do, it will probably depend on who you plead your case to, and the laws in that area, sorry, I'm no help, I'm just amazed that can happen

damn I'm glad I know a lot of cops...
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Old 08-22-2000, 07:33 AM   #3
stimpy
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2008 STI

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After going to a traffic school for a ticket I received, the police officer there informed me of somebody on the web that posts questions you should ask when you go to contest a ticket in court. Do a search on the web for such questions.

Hope that helps.
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Old 08-22-2000, 07:35 AM   #4
NickSTi
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Black Diamond Pearl

Smile

Thanx Harpy. I think is was so aweful. Another friend of mine said I should not have pulled over but drove along and waiting til my friend was done. My reasoning is if you hear a bank alarm go off, do you run if you didnt rob the bank? I did not do anything wrong so I just parked a distance away so I was no interfering with the investigation.

The worse part now is my friend after we are issued the tickets asks for directions to the race. (hopefully he does not read this board for he is pissed about it)
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Old 08-22-2000, 07:39 AM   #5
NickSTi
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Thumbs up

Will do now stimpy. Thanks. If anything turns up I will post it in here.
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Old 08-22-2000, 07:52 AM   #6
NickSTi
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I found a real informative link about fighting a ticket: http://www.angelfire.com/ok/neurofeedback/speedtic.html

Here is what you do:

Send the ticket in (or take it in person) and request a trial date.
Make sure that you state NOT GUILTY and request that the officer be present (if that's an option).
When you get your summons in the mail, call the court house and find out who the crown attorney is (lawyer representing the government).
call this person (lawyer) and ask for DISCLOSURE of the officer's notes.
This means that you have the constitutional right to see what the officer wrote down.
Did you get caught with Radar or did the cop follow you and Estimate your speed? .....

you should check it out.
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Old 08-22-2000, 09:08 AM   #7
Tim K.
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2014 Massey Ferguson
Red

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Different Jurisdictions have different procedures for traffic stops. In South Carolina, Richland County, and officer doesn't have to take notes unless there is an accident. When I went to the Precint Office and asked for his notes, they looked at me like the third eye in my forehead just opened.

One thing you need to do is write down everything about the incident you can remember. Details, details, details. Make sure you friend does the same. These notes will help keep the stop fresh in your mind.

What really bothers me is the officer didn't even pull you over. You were basically forced to stop or be forever lost. The officer plainly took advantage of the situation.
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Old 08-22-2000, 10:43 AM   #8
Will
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Member#: 357
Join Date: Oct 1999
Location: Sunny LA
Post

Same thing happened to me, except I got a ticket for it, and my friend was driving a MY99 Silver RS. I'm going to court tomorrow (23rd), I'll let you know how it goes.


-Will
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Old 08-22-2000, 02:53 PM   #9
Narso
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1999 2.5 RS
Aspen White

Smile

I'm an attorney and often I have to wait around through some traffic tickets and stuff until my cases get called. I've seen loads of defendants representing themselves on all sorts of tickets. My best advice to you is this: be calm when you try your case. Don't come across as cocky or hostile. This is not war. It's merely you telling the judge your side of the story and the cop telling his side. The judge might actually do the right thing and believe you if you appear mature and credible. Definitely have your notes ready, so you recall all the details. Have your friend testify as well. Asking for discovery may or may not help, sure can't hurt. The fact that you were ticketed for speeding in a 45 mph zone, rather than a 35 mph zone doesn't really matter. The officer could simply tear up that ticket and write you a new one. Feel free to pm me or e-mail me if you have more questions.

Dan Z.
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Old 08-22-2000, 04:39 PM   #10
NickSTi
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Member#: 626
Join Date: Dec 1999
Location: Miami FL
Vehicle:
2001 Impreza 2.5 RS
Black Diamond Pearl

Thumbs up

Thanks for all the support. For some strange reason I would have figure you guys would not have believed me whole-heartedly. It is the truth tho and boy did it suck. I really wish now that I stood my ground and not just told him I will contest the ticket. Maybe he would not have written it. I got the impression afterwards that he knew he had nothing on me so he did not want me to go to court. He was really nice to me after writing the ticket. I will def know how it goes. Cocky I am not. Maybe a bit too quiet for my own good.
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Old 08-22-2000, 04:48 PM   #11
matt7184
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2003 MazdaSpeed
Protege

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What dept. pulled you over? Just contest it in court. Does he have any proof that you were going at what he said. I believe that he needs to showyou proof if you ask, and usually if they dont have any you can get out of it.
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Old 08-22-2000, 07:51 PM   #12
Buttsy
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WR Blue Pearl

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Dude, that's insane. How it it even possible for one police officer to say that he ticketed two different vehicles for speeding at the same time? How could he prove to the judge that he was able to clock you and your friend seperately with accuracy, and then somehow managed to pull the both of you over? Total bulls--t, I think you definitely have the facts on your side. Best of luck.
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Old 08-22-2000, 10:36 PM   #13
f1seb
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You know how cops have mounted cameras in some of their cruisers to help them prosecute the lawbreaking citizens. So I thought of mounting maybe a small camera in my car to protect me from ******* cops who target younger drivers.
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Old 08-23-2000, 12:43 AM   #14
Dan00RS
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Location: Cleveland, OH, USA
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Blue Ridge Pearl

Cool

"Hey, I'm a cop, and you will RESPECT MY AUTHORITA!"

-Officer Cartman


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Old 08-23-2000, 12:46 AM   #15
AKGC8
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That really, really sucks. Whatever you do don't let the state make you pay anything or take any driving classes. You did nothing wrong, you shouldn't have to do anything for this. If I were you I'd do a search for fighting tickets, and check out that page posted. There is a lot of info on the net about fighting tickets. Take your ticket to
court(defidently have your friend their to back up your story) and do your best. If they don't dismiss the ticket in court your first time I'd get a lawyer and take it to appeals. Damn that sucks, I'd be pissed. What you should have done is make a big scene when you were pulled over, tell the cop how much of an idiot he is. I would have tried to get arrested(wouldn't go as far as assulting the officer or anything ), that way they'd do an investigation and find the original charges were BS. Then they'd drop the additional charges for making the scene, and the department would be so afraid of being sued they'd probably buy you lunch.

PS, didn't you say it was a 35mph zone? If thats the case and they gave you a ticket for 57 in a 45 you could get it dismissed for the simple fact that you weren't in a 45mph zone.

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Old 08-23-2000, 11:47 AM   #16
Will
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Location: Sunny LA
Lightbulb

Just an update for NickSTi...

I'll be going to trial next month, apparently the county court doesn't have a District Attrorney's office.

You might want to take a look at the police report before you say anything, as the court will always believe the cop (as they should), just to see how far apart your stories are from each other.

As for me, the police report stated that I was following my friend closely and appeared to be racing (very untrue). Unfortunately since my friend drives a 99RS and I drive a 00RS, and this was late at night, this is not looking good for me at all. So I'm going to go through some brain damage over the next month, ugh.

-Will
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