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Question on contesting speed violation

  1. #1
    18-1 Megatron802's Avatar
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    Question on contesting speed violation

    How valid is speed violation when the officer bases your speed off of how fast he had to go to catch up? I just need to know if it would be worth contesting since it was a fair amt of points, and the officer stated that he went X amt of miles to catch up to me so that is what he put down for my speed. Don't know if this changes anything but it was in VT. Thanks.

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    Grizzly Fuckin Adams dhuze's Avatar
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    Re: Question on contesting speed violation

    It sounds like BS to me. I have been told they had to do 100mph to catch me and I said you could were stopped of course you had to speed to catch me. I would ask him what formula he used and how he kept track of his speed the entire time as well as the milage.

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    18-1 Megatron802's Avatar
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    Re: Question on contesting speed violation

    thats what im hoping to get clarification on. obviously the officer had to go X amt of mph to catch up to me...is there a certain amt of miles the officer has to go for this number to hold up. I can understand getting hit by a radar but this just seems like nonsense.

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    Just Registered Cheese's Avatar
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    Re: Question on contesting speed violation

    Quote Originally Posted by Megatron802 View Post
    How valid is speed violation when the officer bases your speed off of how fast he had to go to catch up? I just need to know if it would be worth contesting since it was a fair amt of points, and the officer stated that he went X amt of miles to catch up to me so that is what he put down for my speed. Don't know if this changes anything but it was in VT. Thanks.
    Remember hating word problems and wondering why you needed to learn such a stupid thing that you'd never use in real life? Time to drag out that 8th grade text book ...

    If you know your actual speed, the speed he was going when you passed (stopped?) and the distance you both traveled before intercept you can fight this ticket with an equation. If your speed was anywhere close to what it reads on the citation, math isn't going to help you.

    I heard a similar story once where the individual testified of his findings then accused the officer in the courtroom of having to pass through a rotary at 100mph to catch him at the ticketed speed. Probably not a true story but amusing and along the lines of what you're trying to do.

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    Last edited by Cheese; 08-05-09 at 03:55 PM.

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    Lifer obsolete's Avatar
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    Re: Question on contesting speed violation

    He can do it by following you for 1 second. If the distance between the 2 of you does not change you are traveling the same speed.

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    18-1 Megatron802's Avatar
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    Re: Question on contesting speed violation

    i got that, but he didnt actually get behind me untill i got behind 3 cars...he "had to go X amt" to get to me was his statement.

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  7. #7
    Lifer Trouble's Avatar
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    Re: Question on contesting speed violation

    You'd have to do the distance/speed word problem and trust that he accurately monitored his speed. If he began chasing you at mile 0, accellerated to X mph over X distance, and it took him X number of miles to catch you it seems like he could calculate your average speed (assuming his speed was constant as well). Much more math and my head spins and it seems like it would be challenging to calculate on the side of the road. I don't know what type of technology the officer has at his disposal (a gps would give him his average speed over the distance travelled if he reset it as soon as he decided to pursue). He would still have to determine how far ahead of him you were when the pursuit began in order to determine your average speed.

    It seems like it is a bit of a stretch to give you the ticket, but I don't know the whole story and I'm certainly no expert on traffic violations or rules.

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    Re: Question on contesting speed violation

    How fast is "X" ??

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    Angry Gumball RandyO's Avatar
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    Re: Question on contesting speed violation

    many many yers ago, I got a ticket for 60mph in a 30,

    in court, leo described very well the point where he first saw me and started pursuit, address on ticket was evidence of where he actually caught up and stopped me, he testified that he exceeded 80mph to catch up, it was a very winding road, I was probably doing 45, I was found guilty in district court and appealed to superior court

    with detailed measuerements of the stop per the testimony of the leo, in superior court, I convinced the judge mathmaticly that the leo would have had to have Averaged over 120mph and exceeded 180mph to maintian the 120mph average then slow back down to 60 to accurately "clock" me,all within 1/2 half mile from a dead stop, quite a feat for a Crown Vic

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    18-1 Megatron802's Avatar
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    Re: Question on contesting speed violation

    Quote Originally Posted by klp View Post
    How fast is "X" ??
    for this equation we can say X was 80

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    Lifer Danz19899's Avatar
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    Re: Question on contesting speed violation

    fight it and us math confuse the judge

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    Re: Question on contesting speed violation

    A buddy of mine got out of a $500+ ticket in Mass by doing a bit of research and being prepaired in court. It can certainly be done

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    18-1 Megatron802's Avatar
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    Re: Question on contesting speed violation

    Quote Originally Posted by Ryno View Post
    A buddy of mine got out of a $500+ ticket in Mass by doing a bit of research and being prepaired in court. It can certainly be done
    think that is the route I am going to have to take.

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    Lifer richw's Avatar
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    Re: Question on contesting speed violation

    If he lost sight of you then I don't know another bike passed me doing like a hundred.

    If he states he does 80 to catch you in a 30 zone then something will stick, maybe you can plead to like 40 in the 30 and get a small ticket

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    Senior Member spydah's Avatar
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    Re: Question on contesting speed violation

    Thats what clocking is. There is a method they use to calculate your speed based on the amount of time required for your both to pass a stationary object. Its a common practice and likely won't be thrown out.

    That being said, you got nothing to lose to fight it, so go for it.

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    Re: Question on contesting speed violation

    Quote Originally Posted by richw View Post
    If he lost sight of you then I don't know another bike passed me doing like a hundred.

    If he states he does 80 to catch you in a 30 zone then something will stick, maybe you can plead to like 40 in the 30 and get a small ticket

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  17. #17
    Just Registered Doc's Avatar
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    Re: Question on contesting speed violation

    Just pay rhe damn ticket you squid!



    ( Megatron and I are good friends )

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    Last edited by Doc; 08-05-09 at 08:30 PM.
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    Re: Question on contesting speed violation

    I had a cop once tell me this when i got stopped, "I had to go 80 to catch up to you" in a 40mph zone that i was traveling between 40 and 45 in. I laughed when he said that. He got pissed and was generally a dick the whole time, but ended up not giving me a ticket. I assume because he was full of shit and thought i was a minority (this town is notorious for racial profiling).

    While i think its possible to estimate speed this way, i think it'd b too hard to do while pursuing. Who knows, I could be wrong.

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    ain't nuttin wrong w/that scubasteveRR's Avatar
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    Re: Question on contesting speed violation

    Quote Originally Posted by RandyO View Post
    with detailed measuerements of the stop per the testimony of the leo, in superior court, I convinced the judge mathmaticly that the leo would have had to have Averaged over 120mph and exceeded 180mph to maintian the 120mph average then slow back down to 60 to accurately "clock" me,all within 1/2 half mile from a dead stop, quite a feat for a Crown Vic
    I'd fight it to the end and use this method... YOU NEED TO take notes in the first hearing with the magistrate (if you don't win already). Then figure out an story and how to put it with the information you have.

    Not saying it is going to work but if the LEO was BSing ya then you'll have a good fight but I’ve found that most LEO's wont even pull you over if he wasn't in the right. This is their job and they are for the most part professionals at it. if this is the case then I’d be surprised if you win, but you never know... I've had a lot of tickets and fought ALL of them. Won a few, but lost most. Although I won my last one a month ago!!


    Quote Originally Posted by Danz19899 View Post
    fight it and us math confuse the judge
    fixed this one for ya Danz ... fight it and use math to confuse the judge

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  20. #20
    I Love giggle drops..!! BluGixxer's Avatar
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    Re: Question on contesting speed violation

    Why don't you just get a lawyer..
    They are well worth the money..
    There are lawyers that speacialize in motorcyle tickets.(google)
    NEVER just pay it,, half the time the phauckers exadurate the situation so much , they will make it sound like your a mass murderer.

    They write tickets and go to court every day ,, How many times have you been in a court room ?
    get a lawyer.

    In reality , you where the first person he pulled over after he dropped his last donut in the mud ..

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    Lifer TIMMYDUCK's Avatar
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    Re: Question on contesting speed violation

    Rampant speedings bring police crackdown.

    But on Monday, a deputy working in the Montpelier zone issued 23 tickets worth $8,300 in fines in seven hours.


    http://www.timesargus.com/article/20...29/1002/NEWS01


    Sign of the times, no violators will be let off, there is to much $$$ to be had.

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  22. #22
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    Re: Question on contesting speed violation

    Out of curiosity, what statute did he cite you under?

    Was it this one?

    http://www.leg.state.vt.us/statutes/...&Section=01081

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  23. #23
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    Re: Question on contesting speed violation

    Google search the topic because there is a ton of legal points you can use to dispute your ticket.

    Not sure about Vermont, but in Ma. cops usually select "estimate" along with some sort of radar on the ticket, but the proper way they are supposed to "estimate" your speed is to follow you for at least a quarter mile before they can accurately estimate your speed.

    Also, ask to see their calibration log for their radar. They usually calibrate it before each shift, but they don't usually log it, so the only proof they have is a certification they get every year. Radar is not always that accurate due to many factors like ground looping from all the other electronics they have wired to their car, radar is very wide so it can bonce off multiple objects to give a false reading, sometimes it adds the speed of the cruiser to the reading, sitting on the dash in the sun can make it inaccurate.

    The biggest thing is NEVER admit speeding AT ALL! As soon as you say "I wasn't going that fast, but maybe I was doing 5 mph over" Ahhh, you just admitted you were speeding and the ticket will be reduced, but then you have to pay the extra insurance. You have to say "I saw the cop and naturally looked at my spedo and I was doing the speed limit"

    Also, another thing cops do is read a report of what happened, but technically they are not supposed to do that since they are acting as a witness. They are only allowed to "reference" their notes. There's a certain objection you can say when they start doing, but I can't remember what it is. It totally trips up the cop during his testimony and is awesome when you pull it out in court, so research on line.

    Good luck.

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    18-1 Megatron802's Avatar
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    Re: Question on contesting speed violation

    Thanks for all of the info, Ill let you know how it goes months from now when i eventually go to court. and Doc, I was wearing all my gear so

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  25. #25
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    Re: Question on contesting speed violation

    Quote Originally Posted by sdog30 View Post
    Google search the topic because there is a ton of legal points you can use to dispute your ticket.

    Not sure about Vermont, but in Ma. cops usually select "estimate" along with some sort of radar on the ticket, but the proper way they are supposed to "estimate" your speed is to follow you for at least a quarter mile before they can accurately estimate your speed.

    Also, ask to see their calibration log for their radar. They usually calibrate it before each shift, but they don't usually log it, so the only proof they have is a certification they get every year. Radar is not always that accurate due to many factors like ground looping from all the other electronics they have wired to their car, radar is very wide so it can bonce off multiple objects to give a false reading, sometimes it adds the speed of the cruiser to the reading, sitting on the dash in the sun can make it inaccurate.

    The biggest thing is NEVER admit speeding AT ALL! As soon as you say "I wasn't going that fast, but maybe I was doing 5 mph over" Ahhh, you just admitted you were speeding and the ticket will be reduced, but then you have to pay the extra insurance. You have to say "I saw the cop and naturally looked at my spedo and I was doing the speed limit"

    Also, another thing cops do is read a report of what happened, but technically they are not supposed to do that since they are acting as a witness. They are only allowed to "reference" their notes. There's a certain objection you can say when they start doing, but I can't remember what it is. It totally trips up the cop during his testimony and is awesome when you pull it out in court, so research on line.

    Good luck.
    Pretty much everything you stated doesn't apply in Vermont.

    And the things regarding the radar gun are simply untrue.

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