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I need traffic ticket help........

1371 Views 26 Replies 12 Participants Last post by  jbw219
Well I got my first ticket ever tonight, 60 in a 40. Some pos rice mobile was trying to race me so I just accelerated past him and I guess I past by the cops as well. However, right after i got past the POS i moved back in to the left lane and began reducing my speed, however, the cop was coming after me. When the officer pulled me over I told him that the rice mobile was making strange jestures and waving something at so all I wanted to do was get out of there. I guess he didnt buy it since he gave me a ticket and told me I should have slowed down. When I said there were cars behind me he just said oh well. What should I do?
The ticket is in PA but I am from NY so I believe their is reciprocity. Its for 154 dollars!!! The fine is 65 but they add in all this garbage. My main concern is points and my record. Can I fight this? If so how? Oh yea he got me with ESP?? WTF is that.

A little about myself to help you guys understand:
19 college student
First ticket ever.


Help me out guys.......
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That cop is a real jerk for giving a guy with a 4.0 a ticket. THE NERVE!:yikes:
haha sorry I didnt want to sound snobby or anything, I just thought maybe that would be useful in my defense if i said i was not guilty?
Wake08 said:
Well I got my first ticket ever tonight, 60 in a 40. Some pos rice mobile was trying to race me so I just accelerated past him and I guess I past by the cops as well. However, right after i got past the POS i moved back in to the left lane and began reducing my speed, however, the cop was coming after me. When the officer pulled me over I told him that the rice mobile was making strange jestures and waving something at so all I wanted to do was get out of there. I guess he didnt buy it since he gave me a ticket and told me I should have slowed down. When I said there were cars behind me he just said oh well. What should I do?
The ticket is in PA but I am from NY so I believe their is reciprocity. Its for 154 dollars!!! The fine is 65 but they add in all this garbage. My main concern is points and my record. Can I fight this? If so how? Oh yea he got me with ESP?? WTF is that.

A little about myself to help you guys understand:
19 college student
straight A - 4.0
First ticket ever.


Help me out guys.......
IF you want to fight it, you'll have to do it via written correspondence (trial by declaration) or you'll have to go to the court in that jurisdiction. Was it just speeding that you received a ticket for? What exactly is ESP? I've never heard of that in California.
If you dont want to plead guilty and pay it, and you can drive to PA to fight the ticket, all I can tell you is to go to court and beg for mercy so that it doesnt go on your record. This is really the best case scenario that you can hope for (not having it go on your record) because the insurance cost increases will outweigh any fine you pay. It gets a little tricky when it's an out of state ticket, maybe some other guys can offer help.
Yea just speeding and on the ticket it has ESP checked off. I have been searching the internet and cannot find anything about ESP in traffic violations. Does the fact that I told the cop the rice car was waving something at me that was suspicious help? Should I tell that to the judge? Anything else I should do. I definitly want to fight it, I go to school in PA and this happened about 15 min away from school. So traveling to PA is not a problem
sorry about the ticket.
to tell you the answer first. u dont have much chance.
4.0 GPA? good 4 u kid. court doesnt really care about that.
i guess in your state they write the bail amount on the ticket huh? thats nice to know cuz i was eager to find out what my bail amount will be when i got caught (few months a go near Vegas) for doing 102 (actually i was going like 120) at 65 limit at a CONSTRUCTION zone (double fine) :yikes: . came out to be $371 :cry: BTW, u cant even go to traffic school for doing 100+.

anyway, i'm waiting for my Trial by Declaration form which lets you fight the ticket by paper rather than appearing at court. i did this for my last speeding ticket (doing 92 at 65) and i won. i dont know how i won but i did. maybe the cop didnt submit his version of the declaration but i won anyway. so i'm taking my chances this time again.

so maybe you should consider a trial by declaration. just a suggestion. if you do, be specific as possible and sound professional. having someone who works at a law office read through it may help. i'm a legal administrator at a law office (not doing much writing just fooling around:thumbup: ) but my fiance is a pre-lit (pre-litigation = a lot of legal paper writing) and she laughed when she saw my rough draft :lmao: so she helped me out alot.

u dont lose more money for fighting a ticket so go for it and good luck.

edit: if you lose, just go to traffic school and the point wont go on your record so u only lose money on the bail and traffic school. and your insurance rate wont go up.
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1) Call your DMV to find out if points are interchangeable between the two states...I have a Florida license and I got a ticket in Maryland no points...but I know when I had my MD drivers license I got one in VA and they gave me one point after going to court...

2)File a discovery motion with the court clerk, and that will make the officer bring all radar licenses and etc to court...

3)Goto court w/o a lawyer...depending on what the judge might say you have a couple options..

a)somedays when they have a lot cases they will just say plead guilty and you get no points and they will also reduce the fine...this is typical when there are a lot of people in there

b)cop wont show-get off automatically

c)plead not guilty and you will get a reduced fine and points typically


Tips to get off when pleading not guilty:
1)Bring a offical copy of your driving record to show you are a good driver

2)Ask the cop if you were polite

3)Dont bring up the college 4.0 things, the judge is happier the less he hears

4) Ask the cop for his radar certificate, and when the radar gun was tested (it should have been done before and after)
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BGReddy00 said:

4) Ask the cop for his radar certificate, and when the radar gun was tested (it should have been done before and after)
ah, the radar gun crap. i think this trick is too played out and the judge will be even more bored to hear about it.
it says it was last checked on the 19th and today is the 1st. I dont know how often they need to be checked. But what about the car waving something suspicious at me. Should I bring that up?

Anyone know anything about what ESP is and how it works, and maybe a loop hole to devalue it
From my understanding in PA, cops aren't allowed to use radar guns in the city. Only on highways such as I80. They could use pacing or visual prediction of your speed instead. Points shouldn't transfer over since your out of state and in Long Island. Beware about fighting this ticket in court. You didn't specify where you were in PA. If it was in a small town, forget about fighting the ticket, just plead guilty. There are additional court costs involved making it even more costly. My friend appeared in court here in a small PA town. Only the judge and officer were present. Basically they didn't care what he had to say. The judge was looking out the court window while my friend was speaking. Afterwards, he saids the court finds you guilty.
Good Luck
*Radar to be used by the PA State Police.

*ESP & VASCAR PLUS may be used by local authorities as well as the PA State Police.

*Certified Speedometer must be timed for a length of .3 of a mile. May be used by local authorities and PA State Police.


FINES
Are calculated as follows:
$35.00 fine + $2.00 for every 2 mph over the first 5 mph over the posted speed limit.
For Example: (i.e., timed 50 mph in a posted 35 mph zone = $35.00 + $20.00 = $55.00 Fine) (15 mph over, $2.00 x 10 mph = $20.00).


Also see this about acutal codes of PA for use of the radar types:
http://www.pacode.com/secure/data/067/chapter105/subchapBtoc.html
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... not sure about PA and NY ... but in CA... if you decide to fight a ticket, you are waiving your right to go to traffic school.

unless if you are 110% sure that you can win the case, do not fight it. it's much cheaper to just pay the fine and go to traffic school than to lose the case and have a point on your record and have insurance go up. depending on the court, you may be allowed to complete traffic school online (which can be done in less than 3 hours for most people instead of EIGHT hours in a classroom)

i think you should go to court and just ask for a reduction in fine or community service in lieu of the fine. if you are short on cash, that's a better option. however, if your time is more valuable to you, just pay the fine.
When you go to court, does the judge have the original copy of the ticket? Or just a carbon copy like the one i recieved?
the judge normally wont see the acutal ticket one of the copy is filed with the court he will just see what your charged with
What if i try to prove that the method used was innaccurate or the ticket was mismarked. For example it appears that the ESP box was marked and there is no possible way that ESP was used. So if he did use esp he should not have, and if he used something else but checked off esp can I get the ticket dismissed on that? Do i need to bring in my copy and show the judge?
Def bring the ticket to court...but I dont understand why you are saying he could not use ESP...and how do you know it was not used?
Because ESP needs taped down sensors that are calibrated and connected to a control box. There was no evidence of such a thing on the road, and that almost only used in traps using multiple police cars. It is a physical thing taped to the road. I actually went back and checked and nothing of the sorts was there. Haha i think what may have actually happened is the paper moved up on the carbon copy piece and put the X in the wrong box. Would that fly u think? Even if he filled out the rest of the equip correctly?
I would bring the ticket to court, and show that the ticket is marked incorrectly,and ask what was used...it will help somewhat, but Its not going to completly dismiss you from the ticket...unless the officer cannot provide suffiecent information that he used the esp....when you file a discovery motion it requires the officer to bring all this documentation to court...
Well what i think happened is he used radar but marked ESP by mistake. Does that do anything?

So to sum all this up....what should i do? Lookin at 4 points here..
Request a trial or do it by mail?
File a discovery motion? how?
Bring a lawyer?
Anything else I should file? bring with me? bring to the judges attention? anything at all?
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