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Aircraft speeding violation - Part II: The Trial

  1. #1
    Member NH848's Avatar
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    Aircraft speeding violation - Part II: The Trial

    So I thought I would post a quick summary of my experience with the NH Circuit Court system. Earlier this year I was pulled over by a trooper in Bow NH on 93 and was issued a speeding citation that was issued by aircraft. Did all the research I could including getting some very helpful posts on NESR.

    First I went to the "pre-trial" in Concord. The officer who issued the ticket does not need to be present at this meeting. He can be represented by another trooper. This guy tried to cut me a deal, reduce the fine from $258 down to $150. Even if I took the deal the points stuck. He said this would be my last opportunity to cut a deal. I told him I'd take my chances in court.

    I filed for discovery which means I asked them to send me what evidence they were going to use at trial. I got a copy of the ticket, an aviation daily summary which didn't say shit and calibration report for the timing device they use in the plane.

    Next I filed for a motion for continuance which pushed my first court date out. This is the most common strategy pursued as if the trooper doesn't show for the trial the case is dismissed. This was not the case however. He showed along with the observer in the plane.

    You have to show up at 8:30 to make roll call. I did. Then the trooper and the observer, a retired trooper, invite me into a room outside the court to "make sure I understand everything". Doesn't take long for me to tell this guy is a dick. He goes on for 10 minutes during which time I do learn that they call down a description of the moving vehicle to the trooper on the ground. When asked what was my description his response was "a motorcycle". Are you fucking kidding me? That's it? Why are they trying to sell me so hard? I figure they are desperate at this point.

    I stare at the State Trooper while the other asshole goes on and on and I give him a "you don't have anything on me - go fuck yourself" look. Then I ask the other guy if he's done and we enter the courtroom.

    Once all the DUIs and rapists are cleared out I'm up. State presents their case. I present mine. I did not argue that his instrument was off or not calibrated. I simply say what evidence does he have that it was me and cite my stellar driving record. Judge finds me guilty but suspends the sentence and puts the case on file pending no moving violations over six months. So I got out of the fine but as far as I understand the points will hit.

    I guess I will consider this a win and hopefully the information may help the next person.

    Always challenge authority.

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    Last edited by NH848; 10-23-15 at 03:35 PM.

  2. #2
    AM #152 tropicoz's Avatar
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    Re: Aircraft speeding violation - Part II: The Trial

    From what I know, after the 6 mos are up, the sun will set on the case and it should be dismissed in it's entirety, points and charge. But thats in Maine, so who knows if it operates similarly in NH.

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  3. #3
    Senior Member MHenry600's Avatar
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    Re: Aircraft speeding violation - Part II: The Trial

    3 years ago I skipped the whole trial process you went through and negotiated nearly the same deal, but I had to behave for a full year. The violation still went/goes on the record though. The good thing about NH is speeding tickets only stay for 3 years. In MA they stay for 6-7 years.

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  4. #4
    Lifer 01xj's Avatar
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    Re: Aircraft speeding violation - Part II: The Trial

    Well played.

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  5. #5
    Senior Member myzx6's Avatar
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    Re: Aircraft speeding violation - Part II: The Trial

    Who knew, theres a speed limit for airplanes now?? That's honestly what I thought when I read the title, ugh been a long week.

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  6. #6
    BMW track whore e30addict's Avatar
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    Re: Aircraft speeding violation - Part II: The Trial

    Quote Originally Posted by myzx6 View Post
    Who knew, theres a speed limit for airplanes now?? That's honestly what I thought when I read the title, ugh been a long week.
    There is actually. 250 knots below 10,000' msl for all civilian aircraft.

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  7. #7
    Member Kawi Ken's Avatar
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    Re: Aircraft speeding violation - Part II: The Trial

    Glad you made out better than Ray-

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  8. #8
    Angry Gumball RandyO's Avatar
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    Re: Aircraft speeding violation - Part II: The Trial

    Quote Originally Posted by MHenry600 View Post
    The good thing about NH is speeding tickets only stay for 3 years. In MA they stay for 6-7 years.
    my understanding is that tickets stay on your record for 7 years but insurance companies only look back 3 years

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  9. #9
    Super Moderator TheIglu's Avatar
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    Re: Aircraft speeding violation - Part II: The Trial

    Quote Originally Posted by RandyO View Post
    my understanding is that tickets stay on your record for 7 years but insurance companies only look back 3 years
    In MA they look back 5 when pricing out new rates.

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  10. #10

    Re: Aircraft speeding violation - Part II: The Trial

    Quote Originally Posted by TheIglu View Post
    In MA they look back 5 when pricing out new rates.
    Are you sure it's not 7?

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  11. #11
    Super Moderator TheIglu's Avatar
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    Re: Aircraft speeding violation - Part II: The Trial

    When I got a copy of our driving histories from the DMV, it only went back 5 years.

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  12. #12
    ain't nuttin wrong w/that scubasteveRR's Avatar
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    Re: Aircraft speeding violation - Part II: The Trial

    5 years on your record and insurance but for terms of losing your license or making you take those stupid expenisve driving coures they can go back 7 years to prove you're a habitual offender and give you the old indefinite license yank

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  13. #13
    Lifer Garandman's Avatar
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    Re: Aircraft speeding violation - Part II: The Trial

    Quote Originally Posted by Kawi Ken View Post
    Glad you made out better than Ray-
    Classic!

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  14. #14
    Lifer BostonSVkid's Avatar
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    Re: Aircraft speeding violation - Part II: The Trial

    So you had to be present for court twice and lost work both times? Then you got the ticket thrown out pending good behavior (They will see it if you get pulled over next time and def nail your ass). And you still got the points on your license? I would have just paid and moved on had I known that would be the outcome.

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  15. #15
    Member NH848's Avatar
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    Re: Aircraft speeding violation - Part II: The Trial

    Quote Originally Posted by BostonSVkid View Post
    So you had to be present for court twice and lost work both times? Then you got the ticket thrown out pending good behavior (They will see it if you get pulled over next time and def nail your ass). And you still got the points on your license? I would have just paid and moved on had I known that would be the outcome.
    I am effectively self employed so the time was not an issue. There will not be a next time. And I'm not sure about the points. Seems to be different opinions regarding that. You never know the outcome of future events. That's why I went through this. To learn and share my experience with my fellow riders so they can benefit.

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  16. #16
    Changes come butcher bergs's Avatar
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    Re: Aircraft speeding violation - Part II: The Trial

    Placed on file without finding. The points won't stick provided you be a good boy for those 6 months.

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  17. #17
    Lifer gumby's Avatar
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    Re: Aircraft speeding violation - Part II: The Trial

    Quote Originally Posted by NH848 View Post
    I am effectively self employed so the time was an issue.
    Fixed

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  18. #18
    Lifer BostonSVkid's Avatar
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    Re: Aircraft speeding violation - Part II: The Trial

    Hey man I understand everyone does things for different reasons. I got nailed by an Aircraft a year ago on Thanksgiving weekend on 93 up by Tilton. I thought about fighting it but I paid the ticket and hope and pray MA doesn't find out about it. I basically got feedback that no matter what they may reduce the ticket but that was it. Mine was $140 so that was not worth my time and lost wages.

    Quote Originally Posted by NH848 View Post
    I am effectively self employed so the time was not an issue. There will not be a next time. And I'm not sure about the points. Seems to be different opinions regarding that. You never know the outcome of future events. That's why I went through this. To learn and share my experience with my fellow riders so they can benefit.

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  19. #19
    Daily Commuter Drewski's Avatar
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    Quote Originally Posted by Kawi Ken
    Glad you made out better than Ray-
    Until I watched the video I thought you meant Ray Ray

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