I got a ticket and I'm upset about it [Archive] - MX5 Miata Atlanta Owners Club

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silver280zx
02-06-2009, 04:12 PM
http://i95.photobucket.com/albums/l153/924165385/Photo0515.jpg
So i went fishing today at lake oconee, after i was finished, i decided to come back a different way, hwy 15. I was moving came around a corner and there was the cop, on the left side of the road, in the middle of the oconee national forest, catching people where the speed limit changes from 55 to 45, and 45-55. On the ticket where it says my mph, he couldnt write it so it says 700mph. Ya, i broke the sound barrier! So ya to make a long story short he pulled me over for 70-45. I knew i wasnt getting off either, i can still fight it, my speedometer if off by 10mph, but i dont know if that will be better than pleading no-lo. Its going to be a $200 ticket. I didnt think that county cops could shoot radar in national forest. The fact that i was driving a partially gutted Z with fiberglass buckets and 4 point harnesses didnt help my arguement. He did even give me a chance to speak. All he let me do was say yes i want you to calibrate your gun. Thats f'ing bull****! **** the Police!

FlipKing
02-06-2009, 04:17 PM
actually, if the MPH is wrong, I'm pretty sure they can fight it, the ticket has to be filled out correctly and entirely to be valid.

silver280zx
02-06-2009, 04:19 PM
I just dont want to fight it, and have to pay more than the ticket

RotorNutFD3S
02-06-2009, 05:19 PM
actually, if the MPH is wrong, I'm pretty sure they can fight it, the ticket has to be filled out correctly and entirely to be valid.

This is incorrect and a common misconception.

Take a clearer picture of the MPH section. If he scribbled something out and wrote it again, it will hold up in court.
Also, your speedometer being incorrect is your responsibility as the owner/operator to fix and will not hold up as valid evidence should you fight it. If they really wanted to be asses, like some small cities are, they could give you a fix-it ticket for malfunctioning equipment.

It sucks you got a ticket, but you can't say **** the police when you were breaking the law and got caught. You can go to court and hope he doesn't show, usually the judge will drop the case.

Also, pleading nolo only keeps points from hitting your license. It WILL show up on your driving record along with the information of 70 in a 45. You will still pay the fine, etc. You can use a nolo please once every 5 years, but a judge can also deny it's use based on his discretion.

redrumracer
02-06-2009, 07:28 PM
a couple things was he a GSP? if not then he has to be able to be seen from at least 500 feet, if not then its an illegal ticket. also if he did write 700mph and didnt correct then its an invalid ticket cause you werent doing 700mph. and if you were id like a ride.

silver280zx
02-06-2009, 08:30 PM
It was greensburo, and im not going to fight it, its a small town speed trap and they have nothing better to do, than to sit in the oconee national forest and tag people, he apparently has no life so hell show up at court. I think hes the only officer, hes the only one ive seen. Ive seen him a few times, and talked to him before. He did kinda give me a smirk when i turned to talk to him, like he recognized me.

Roadster
02-06-2009, 08:51 PM
When I had my 29 over and was doomed to lose my license, I took a defensive driving course, showed up in court with it, plead guilty but showed the judge the certificate. He gave me no points on my license and thus nothing passed on to the insurance company, and a $270 fine. It can work wonders.

But then again, it was DeKalb county, and they just want their money. If they take your license they can't keep giving you tickets, after all.

silver280zx
02-06-2009, 09:02 PM
Ya im 21 though so i dont have to worry about them taking my liscense, im sure he would have liked it though, the guy was a prick.

scandmx5
02-06-2009, 09:03 PM
agreed. i gotta 89 in a 60 work zone...he said to show up at court and "we'd see" so i took the class (for a 2nd time) and got it dropped to 14 over, not on my record nor state farm's. i highly doubt i can get a ticket in a naturally aspirated miata

silver280zx
02-06-2009, 09:08 PM
I mean the cop didnt even let me talk to him, he just told me my speed and wrote me a ticket. So i might go plead guilty, with a faulty speedo. I mean This is small town though who needs revenue, my luck, they will charge me for the ticket and court costs.

Roadster
02-06-2009, 09:08 PM
agreed. i gotta 89 in a 60 work zone...he said to show up at court and "we'd see" so i took the class (for a 2nd time) and got it dropped to 14 over, not on my record nor state farm's. i highly doubt i can get a ticket in a naturally aspirated miata

Lol, I managed to get up to a pretty quick 84 in a 55 (getting on 285 for chrissake). I was in my previous (normally aspirated ^) Miata, trying to merge and not to get smashed by SUV's. I...was a bit overzealous about it, lol. But given that the flow of traffic on 285 is 75, 85 is realistically 10 over the standard speed. Clever how they set a ridiculously low speed limit so they can literally choose to ticket any car on the road at any given time.

But he speaks the truth ^. Defensive driving course got mine dropped to 14 over as well. If what you're primarily worried about is the insurance rates getting jacked up, that's precisely what the defensive driving course can prevent.

Jack-MX5ATLanta.com
02-06-2009, 11:42 PM
Yep, Tyler your best option by an absolute mile is to just take a defensive driving course. They love that **** in the court rooms.

redrumracer
02-06-2009, 11:46 PM
Is there no one in the state of Ga willing to fight a ticket? I have yet to find a single one.(im not going to go out and get one on purpose just to fight it)

honestly check it out and see if he was legal in giving you that ticket. thats my 2 cents.

FlipKing
02-06-2009, 11:48 PM
Yeah, and in most cases if you say you want to plead not guilty b-c you dont think you were going AS FAST as they say you were but still speeding, they will normally drop it to 14 over and it wont affect your insurance. Had this happen several times.

matredd
02-07-2009, 12:00 AM
I had a cop follow me and try to tell me I was going way over 60 but I never went faster than 56 in the 45 and that was for just a couple seconds. I told the judge he made up my speed and I never went as fast as he said but I did say I went 11 over. So, 11 over it was.

amaff
02-07-2009, 07:49 AM
I'd call and talk to the solicitor first. Generally, if you don't have too bad of a record, they're willing to work with you. A lot of 'just pay the fine and get on your way' kind of deals, or lower fines, etc. Speed trap towns aren't interested in necessarily screwing you over w/ insurance (points / etc), they just want their revenue. The solicitors can often grease the tracks a little and work things out w/o it going to court.

But let's face it, if you were speeding, even 1 mph over, and you get caught, you can't really blame the cops.

lance
02-07-2009, 08:30 AM
I mean the cop didnt even let me talk to him, he just told me my speed and wrote me a ticket. So i might go plead guilty, with a faulty speedo. I mean This is small town though who needs revenue, my luck, they will charge me for the ticket and court costs.

So, what were you going to tell him that would have changed the outcome?
I wasn't going 70? he had on radar.
My speedometer is 10mph off? If you knew this, you should have compensated.

If you were pissed, it was probably better for you that he didn't let you talk.

silver280zx
02-07-2009, 11:22 AM
I mean this is my first ticket ever, i had a completely clean record. SO im not some doumb **** ricer.

lance
02-07-2009, 02:13 PM
I mean this is my first ticket ever, i had a completely clean record. SO im not some doumb **** ricer.

Times like this you just have to look at it in contrast to how many times you have done the same or worse and didn't get caught. Just the law of averages.

jesseealexander
02-07-2009, 02:29 PM
a couple things was he a GSP? if not then he has to be able to be seen from at least 500 feet, if not then its an illegal ticket. also if he did write 700mph and didnt correct then its an invalid ticket cause you werent doing 700mph. and if you were id like a ride.

is this true? i got a ticket yesterday and it says on the ticket that he radared me from 700 something feet... can you show me the ga code section that says this?

RotorNutFD3S
02-07-2009, 04:00 PM
700+ ft > 500 ft.

redrumracer
02-07-2009, 04:44 PM
is this true? i got a ticket yesterday and it says on the ticket that he radared me from 700 something feet... can you show me the ga code section that says this?

sure


No stationary speed detection device shall be employed by county, municipal, college, or university law enforcement officers where the vehicle from which the device is operated is obstructed from the view of approaching motorists or is otherwise not visible for a distance of at least 500 feet.

amaff
02-07-2009, 04:51 PM
700+ ft > 500 ft.

maybe he's using fuzzy math? Or didn't realize that it's 500ft or more...

silver280zx
02-07-2009, 06:30 PM
Hes was pushing 500 feet, I think when he radared me i was closer, i could see him scrambling for the gun when i passed him. It was around a corner, but it my word against his, and his will always win. Guilty until proven innocent.

BFH miata
02-07-2009, 07:07 PM
these small towns just want your money. I've gotten two tickets and gone to the court date, asked them to drop the points and I'll pay the fine. 2 for 2 on that. I'll pay a "speed tax" if it keeps points off my license.

simontibbett
02-07-2009, 08:37 PM
Right now cops are needing every ticket they can write, pay them, and help the economy.

silver280zx
02-08-2009, 12:25 AM
SO i just looked at my ticket, and the cop also wrote clearly that my car was a 97 280zx. SO i was going 700mph in my 97 datsun

simontibbett
02-08-2009, 06:48 AM
SO i just looked at my ticket, and the cop also wrote clearly that my car was a 97 280zx. SO i was going 700mph in my 97 datsun

Awesome! haha what's that a S14 style body with a 2.8 engine?

silver280zx
02-08-2009, 10:54 PM
Aww man, somebody changed the name of my thread. Now i just sound like a little *****.

RotorNutFD3S
02-08-2009, 10:55 PM
:lol:
Wasn't me...

JDM88
02-08-2009, 11:30 PM
And the big bad f bomb made you sound real badass ;)

Doppelgänger
02-09-2009, 07:29 AM
lol @ all of the misconceptions in this thread :lol:

Little misspellings on a ticket = no difference in court

Court Judges have no say on if you get points or not, that is completely up to the DMVS when they get the records from the court. The only way you don't get points for speeding is if it's under 14 over. So if a judge says "i won't give you any points" it just means they'll report your ticket to the DMVS as 14 or less over the speed limit. In some cases, getting a "local ordinance" violation will not show up on your record (i'm pretty sure that speeding will fall under county or state ordinance).

I've fought just about every single ticket I have gotten. Only on a couple have I ever pleaded completely not guilty. Most of the time I just go in and talk to the solicitor and see what I can get. Articulation, tone, presentation and your appearance play a big role when you go in and try to negotiate. YRMV.

silver280zx
02-09-2009, 07:51 AM
lol @ jack, come on man i was pissed off at my fist violation.

RotorNutFD3S
02-09-2009, 08:35 AM
Court Judges have no say on if you get points or not, that is completely up to the DMVS when they get the records from the court. The only way you don't get points for speeding is if it's under 14 over. So if a judge says "i won't give you any points" it just means they'll report your ticket to the DMVS as 14 or less over the speed limit.

Having been on both sides in the court room, I completely disagree with this. The judge and the soliciter both have the power to issue points by what they report to the DMVS. They make the decision after your case is heard, it is the DMVS' responsibility to file said judgement against your record, they have no deciding power. The only thing that they can do is reinstate or suspend your license based on your record.

After reading over this again, do not use your Nolo plea if you are still thinking about it, like I said before, it will still show up on your record as a conviction, just without points. You have a clean record, there is no reason to do so. Save it for something big, like an accident, bigger ticket/infractions, etc., unless you plan on accumulating 11 more points in the course of the next 1 year and 11 months, you can have up to 15 points every 2 years. Right now for 70 in a 45, you're looking at 4 points. Calling ahead of time and seeing what your options are is the best idea.

simontibbett
02-09-2009, 09:00 AM
LOL

Doppelgänger
02-09-2009, 09:04 AM
IIRC the DMVS assigns the points to the specific violation that gets reported. I guess when something gets reported, there could be notes/write-ins for the DMVS to follow.

But when you get a ticket for , oh, running a stop sign and you just pay it, you'll find 3 points on your record in a few months. Those points weren't assigned by a judge, but assigned by the DMVS.

So I guess it can kinda go both ways.

MeFryRice
02-09-2009, 09:08 AM
After reading over this again, do not use your Nolo plea if you are still thinking about it, like I said before, it will still show up on your record as a conviction, just without points. You have a clean record, there is no reason to do so. Save it for something big, like an accident, bigger ticket/infractions, etc., unless you plan on accumulating 11 more points in the course of the next 1 year and 11 months, you can have up to 15 points every 2 years.

I was under the assumption that you can use Nolo as long as you had no previous tickets within a 5 year grace period? So if he decides to plead guilty, get s another ticket in say a year or so, will he still be able to plea Nolo?

RotorNutFD3S
02-09-2009, 09:38 AM
IIRC the DMVS assigns the points to the specific violation that gets reported. I guess when something gets reported, there could be notes/write-ins for the DMVS to follow.

But when you get a ticket for , oh, running a stop sign and you just pay it, you'll find 3 points on your record in a few months. Those points weren't assigned by a judge, but assigned by the DMVS.

So I guess it can kinda go both ways.

Right. When something gets reported by the traffic court after a case, DMVS follows the regulations concerning the judgement and assigns whatever points and information to your record accordingly. So if you have a ticket for 25 over, and the judge/solicitor works it down to 14 over and driving school, all the DMVS will "see" is the 14 over, and since there are no points for 14 over, they'll put this info on your driving record and they'll be done with it.

When you just pay a fine, you're admitting guilt to the infraction. You physically bypass the court system, but your case is still processed by the court (with a guilty plea) and then passed on to the DMVS, which is why it still takes the ticket some time to show on your record and for points to be assigned.

I was under the assumption that you can use Nolo as long as you had no previous tickets within a 5 year grace period? So if he decides to plead guilty, get s another ticket in say a year or so, will he still be able to plea Nolo?

Nolo is a misunderstood little oddball. As long as you have not used your Nolo plea within the past 5 years, you are eligible to use it anytime, tickets or not. You get to use it again after a 5 year period from the court date which you used it. Eligible does not mean that the court will allow you to use it though.
Think of it like this, say in the past 1 year and 10 months, you have gotten so many tickets that you now have 13 points on your record. 2 more points within 2 months will result in suspension of your license. Well, lo and behold, you get another speeding ticket, 25 over in this case, and that's worth 4 points. You go to court, you use your Nolo plea, you pay the fine, the ticket goes on your driving record, but no points are assigned, so you've just saved your license from being suspended. HOWEVER, a judge in this case is likely to take a very long hard look at your record, and I've actually personally seen two cases where the judge did not allow the driver to use the Nolo plea because he considered the driver unsafe to be on the road and the defendant's license was suspended.

MeFryRice
02-09-2009, 10:35 AM
Well I agree with the Judge in that case. Allowing the defendant to plea a Nolo will not guarantee that the they have learned their lesson and will obey the speed limit.

Jack-MX5ATLanta.com
02-09-2009, 10:39 AM
I didn't get to use my nolo plea when I got my only speeding ticket... bastards! ended up with a 6 month suspension

I got royally screwed over by the solictors and court system, I asked if I was getting any points and she said "nope." I left the court house a happy bunny and then get a letter several weeks later informing me of the ban. It was a really weird setup, there wasn't any chance to talk to the solicitor about lowering the speed or anything. Just a piece of paper to sign. Inexperience pwned me.

The Atlanta court system was much more logical.

RotorNutFD3S
02-09-2009, 10:45 AM
Only speeding ticket resulting in a suspension? Were you going faster than 24 over the speed limit since you're still under 21? That's an automatic suspension. Not many ways to beat that one.

Jack-MX5ATLanta.com
02-09-2009, 10:46 AM
Yep. It was a road deemed a 25 because of a single frat house set far back off the road... *******s.

I could have been alright if I actually had a chance to speak to someone and plead my case. Because it is a ridiculous road to be a 25.

RotorNutFD3S
02-09-2009, 10:51 AM
Yeah, those roads are out there unfortunately... Damn speed traps.

Jack-MX5ATLanta.com
02-09-2009, 10:54 AM
I was putting my stereo's faceplate on at the time and driving with one hand. Hardly pushing it at all.

RotorNutFD3S
02-09-2009, 11:04 AM
Yeah, we have some roads like that down here too. Stupid speed limit on a road that it's safer to go fast on. Made me remember, I got stopped one time on a 3 lane road that had a 35mph speed limit. With 6 lanes of traffic, how is it smart to have a 35mph speed limit?! Especially in an area where there is not a lot of congestion or anything around other than normal stores, fast food, etc. Fortunately, I was out of state and calmly explained that "where I live, 3 lanes in one direction are all 55mph." He grumbled something about me needing to pay more attention to the signs and walked back to his car and tore off.

redrumracer
02-09-2009, 11:12 AM
Only speeding ticket resulting in a suspension? Were you going faster than 24 over the speed limit since you're still under 21? That's an automatic suspension. Not many ways to beat that one.

lol my 16 year old cousin only got 6 months probation for doing 80 something in a 55 in Gwinnett.

BFH miata
02-09-2009, 11:19 AM
lol @ all of the misconceptions in this thread :lol:

Court Judges have no say on if you get points or not, that is completely up to the DMVS when they get the records from the court. The only way you don't get points for speeding is if it's under 14 over. So if a judge says "i won't give you any points" it just means they'll report your ticket to the DMVS as 14 or less over the speed limit. In some cases, getting a "local ordinance" violation will not show up on your record (i'm pretty sure that speeding will fall under county or state ordinance).


My last ticket, in Pendergrass (speed trap haven on 129) was for 17 over. I went in on the court date and talked with the solicitor. They changed it from a speeding ticket to to a local ordinance violation, "Nuisance with a vehicle," which = no points and a cash fine.

simontibbett
02-09-2009, 09:32 PM
My friend got his license suspended for a year for doing 70 in a 45. He wasn't going 70 and went to court but...

MeFryRice
02-10-2009, 07:14 AM
Yeah, we have some roads like that down here too. Stupid speed limit on a road that it's safer to go fast on. Made me remember, I got stopped one time on a 3 lane road that had a 35mph speed limit. With 6 lanes of traffic, how is it smart to have a 35mph speed limit?! Especially in an area where there is not a lot of congestion or anything around other than normal stores, fast food, etc. Fortunately, I was out of state and calmly explained that "where I live, 3 lanes in one direction are all 55mph." He grumbled something about me needing to pay more attention to the signs and walked back to his car and tore off.

That's just like revised HWY 74 in PTC, now a 3 lane road but still has the 45 mph speed limit. I can't tell you how many people I have seen pulled over. It's just more revenue for PTC. :rolleyes:

RotorNutFD3S
02-10-2009, 07:33 AM
:lol: I haven't actually been in PTC for a while now to see that. Last time I went was when I picked up my BOV at the UPS DC.

Redraceface
02-10-2009, 09:03 PM
actually, if the MPH is wrong, I'm pretty sure they can fight it, the ticket has to be filled out correctly and entirely to be valid.

Very true If they F-up that part, that bad you can get off very easily. trust me I've done it, all you need to do is prove you where not going 700 mph, which by the way wont be that hard.

Redraceface
02-10-2009, 09:07 PM
think of it this way, if you plead not guilty your pleading not guilty to going 700mph you will win even if you where speeding it does not matter. You got Freaking unbelievably lucky.

Redraceface
02-10-2009, 09:20 PM
Also Don't think of it as a law that you broke, that's not true you broke no law, there is no speeding laws, you violated an ordinance. The deference is that an ordinance is contractual, And I would like to point out That even that is a little skewed, no one actually enters in to a binding contract to get a license to drive, though some would argue that you do when you sign your license, but then there is no disclaimer so technically that whole ticket thing is just a Bull **** Road use tax.