Got busted pretty bad!

[Paul69camaro]

I just feel like an idiot cause I was driving not really paying attention to my speed and got busted doing 68 in a 45. Now that's not the big deal, I figured I would just take defensive driving since I haven't had a ticket in 4 years. When I got home and looked at the ticket he put that there was workers in the construction zone. Now I admit to speeding and it being a construction zone but there were no workers any where near the highway. Come to find out the regular fine is 290 bucks but there being workers the fine is supposed to double and you can't take defensive driving. That means that I'm out of almost 600 bucks. Well I went back within 45 minutes hoping that the cop was still there (it was a speed trap) to see if he would change that. Well he was gone so I pulled out my camara and snaped some pics of the highway from above to prove that there was no workers present. So now I'm planning on pleaing not guilty and showing the pics to the judge to show him that there was no workers so that he might let me do defensive driving and only pay the court fees. Do you guys think this will work or am I just screwed? Any advice would be appreciated.

Paul

[zbugger]

It might only work if your camera is date stamped. Not sure if it will work though.

[Bill Howell]

This is not a question for an internet forum. All you will get are opinions, not answers. I suggest you hire an attorney and talk to him. It may cost a bit more, but could save this going on your record and you facing higher insurance, etc.......
Maybe call the supervisor on duty now and see if you could get the men working part deleted. I would not count on that though.

[zbugger]

Damn it Bill!!! Quit being smart!!! Damn old people with their wisdom crap.....

[Hidro]

I might be wrong but even if no workers were there its still a construction zone with double fines.

You should consult an attorney asap.

-Ed

[Bill Howell]

Damn it Bill!!! Quit being smart!!! Damn old people with their wisdom crap.....

A wise man learns from others mistakes......lol
Part of being old is having already gone down these roads......

[Paul69camaro]

It's only double when workers are present. (Atleast here in Texas). Yeah I think I'm gonna call a lawyer up and see what they think.

[mikey]

They have a little scam going on around here. They pull the cones when the crews quit for the winter or extended time. but leave up the signs. They use the excuse that lanes aren't properly marked or any other lame thing they can come up with.Then sit back and write away. Judges say doesn't matter signs are still up.

[Clean Cut Creations]

His word against yours......He is the cop and they will listen to him. BEEN THERE DONE THAT. It really sucks when you appear and you got your "I didn't do it" ammo and the cop is chatting with the judge before the case because they are golfing/fishing buddies........get ready to pay the fine.

[AAW]

Crying usually help me. (and a really sad boo-boo face)

[Jagarang]

Crying usually help me. (and a really sad boo-boo face)

Hmmmm. crying...thats not what my daughters says gets them out of tickets!!:spank2:

[Tim_in_NC]

Take a hot chick, with big boobs and very little clothing, with ya to court and it will get dismissed :naughty: ... This works for every possible scenario ...:twothumbs

[6'9"Witha69]

Take a hot chick, with big boobs and very little clothing, with ya to court and it will get dismissed :naughty: ... This works for every possible scenario ...:twothumbsUnless the judge is a woman!

You are only screwed if the officer shows up. I can't tell you how many tickets i have won for that simple fact. No officer, dismissed ticket! Of course legal advice doesn't hurt either.

[Tim_in_NC]

Unless the judge is a woman!

Nope, works for that scenario too :drool:

[trapin]

Show up at court and hope the cop doesn't. If he does...you're screwed. But at least you'll know you tried and at the same time learned something from this. Then pay the 6 bones and put it behind you. Count your blessings...there are greater tragedies in this world.

[Todds69]

Just have to let it go sometimes like Trapin said, but I would atleast go to court and pray the cop doesn't show.

[Paul69camaro]

Trapin, I could'nt agree with you more, but when your a full time engineering student living off financial aid, 6 bones is a lot. I'm not trying to screw the system over and I'll accept responsibility for the speeding but there was no workers and I'm going to try to get the judge to see that. I have no problem paying the usual court fees and taking the driving course since i was in the wrong by speeding but 600 bucks is just a little too much.

[JoshStratton]

Speaking of the cop not showing up, here is a little trick. Call the court and tell them you cannot make the date/time that the cop specified. Usually they have a court day where they try and get them all lined up at the same time. Tell them you are available at some obscure day/time that is no where near the time the cop specified. If he doesnt show, they have no witness and no case.

EDIT: Sounds like you are responsible. I would hire you when you graduate (if I was in that field).

[Paul69camaro]

Thanks Josh

I heard of that trick before, I'd hate to play games with the court but the date will probably fall on a school date so I'll probably end up changing it with that excuse.

[Beegs]

Go to court, worst case is you pay the fine. If you have long hair, cut it, cover up any ink, lose any earrings and bring your parents.:bananna2:

[nancejd]

Bill is right, hire a lawyer. Better to pay once, than pay your insurance company for years. You'd be amazed at what a lawyer can get you out of. Don't forget that the cop might go fishing with the judge, but your lawyer is in the judge's country club.

[Bill Howell]

Bill is right, hire a lawyer. Better to pay once, than pay your insurance company for years. You'd be amazed at what a lawyer can get you out of. Don't forget that the cop might go fishing with the judge, but your lawyer is in the judge's country club.

LOL, and social club, and rotary, and other service organizations, masonic organizations..... and on and on.
Always remember this, todays justice system allows you to buy your way out of anything. For enough money an attorney can make this go away. Bet on it.

[Bill Howell]

Crying usually help me. (and a really sad boo-boo face)

99% of us are guys, don't rub it in how the other sex gets away with things.You are not helping here.:spank2: LOL J/K

[zero g]

Go to court, worst case is you pay the fine.


Add court costs as well. Texas is pretty notorious as a "Hanging Sate" Florida is in there also(with the exception of south Fla) I would say you will lose in court, pay court costs in addition to the fine (possibly an increased fine, the judge usually has the ability to increase fines and suspend your D/L in court) They usually don't play regarding construction and school zones. Lawyer or not you will lose unless the cop doesn't show. Lawyers are pretty much worthless in traffic court. I've never lost an attorney case.
Depending on the department he's looking at discipline if he doesn't. Thats kinda rare in my department we get hammered for missing court. I usually don't comment on these things because it can get ugly with the comments and all, but it hasn't happened here yet and I've really seen people get ripped for speeding in construction zones.

FHP 21 years.


Oh and hot girls ALWAYS leave with paper........:spank2:

[Patrick]

Like Bill said spend the money on an attorney.
Hire an attorney who specializes in traffic cases if you can. It will be well worth it.

[WS6]

the whole cop not showing up thing isnt always true. trust me i got a ticket in clarke county(athens) here in GA. i showed up hoping the cop wouldnt. well the cops dont have to show up in clarke county unless you want to plead not guilty and have a court case. so i wouldnt count on that trick working for you unless you know for sure that the cops have to show up in that county.

[nancejd]

It depends on the state's laws, some require the cop to show, some don't. Some pay for the cops time, some don't. Get a lawyer. There are lawyers that will take your case, and they won't make you pay if they lose (becasue they always win). They can make radar go away in the majority of cases, and without that, there's no proof of you speeding. There are judges that will exclude the radar reading becaue the companies that manufacture the equipment won't turn over the program that runs it to your laywer because you have the right to challenge your accuser in court (dumb, but true). It is going to depend on the judge as well, I'm sure there is at least one honest one out there. It's a random road tax, the question is would you rather pay a lawyer, or the state and your insurance company.

[6'9"Witha69]

Oh and hot girls ALWAYS leave with paper........:spank2:It has your number on it, right??

[zero g]

It has your number on it, right??

Right :poke: Badge #

[zero g]

It depends on the state's laws, some require the cop to show, some don't. Some pay for the cops time, some don't. Get a lawyer. There are lawyers that will take your case, and they won't make you pay if they lose (becasue they always win). They can make radar go away in the majority of cases, and without that, there's no proof of you speeding. There are judges that will exclude the radar reading becaue the companies that manufacture the equipment won't turn over the program that runs it to your laywer because you have the right to challenge your accuser in court (dumb, but true).

That is a load of crap... Maybe in Cali or some other liberal state but we are talking about the south here. I have a friend who is an ex FL Trooper and is now a Trooper in Austin and he tells me the court system and attitudes of the judges are about the same......Read the above post, I have never lost to an attorney in court in 21 years. So he will most likely lose.
Here is a secret. If he did not show his a** on the side of the road and has a decent driving record, the cop may make a recommendation in his favor (withhold of ajudication, reduced fine, advanced driving school, whatever) . Most judjes will accept the officers recommendations in court.Talk to the cop before court. Unless you were nasty or you show up with a lawyer then there are no deals.
I'm just trying to help the guy get out of it the cheapest way. Plead no contest and respectfully explain your position.
But that lawyers never lose and always get the radar thrown out statement is totally wrong in these parts.

I'm done..........

[Paul69camaro]

Gary thanks for the input, I was cool with the cop. He asked me why I was speeding and I just told him that I was'nt paying attention and that there was no reason. I'm not sure how the whole construction worker thing works but there was none anywhere near where i got caught. I'm planning on discussing this with them in court and see what comes out of it.

Paul

[Bill Howell]

Paul,
With all due respect to Gary and all the other law enforcement officers here, I gotta disagree. If in fact the cop wrote you a ticket for driving in a construction zone and there were in fact no workers, then he is probably a Quota King or a Richard Noggin one. I would not take the chance that I could work something out with him on court day. I would at least talk to an attorney, familiar with the area and get his/her opinion. Remember, it is not just a $600 fine you are looking at, it is the increase in insurance premiums, etc for the next three or four years that will really shoot the price of this infraction up. It will cost you either way, so at least talk to someone that can look at the facts, and give you an educated opinion.
While I know what Gary is saying and yes there are good cops out there, there are the Richard Noggins out there too. The one that wrote you the ticket has already shown about where he is at with writting a questionable ticket in the first place. Now, no one here knows the true facts of the case except you, so please, at least talk to an attorney and know you have done all you can to cya.:here!:

[Northern Goat]

Why not try to talk to the officer now? Get a feel for where the officer is coming from. If Bill is right (Quota King), call a lawyer. If Gary is right your all good.

[Paul69camaro]

Alright, I went to court today and got this whole mess sorted out. The Judge was to my suprise a very down to earth genuine person, the kinda guy you would go drink beer with. There was about 25 others that pleaded not guilty and all got busted in the same place as I did so the judge laid it out for us. He explained how the workers in construction zone law works in Texas, basically if you have a construction zone 1000 miles long, and you got busted speeding at mile marker one and there is some guy leaning on a shovel at mile marker 999, your screwed, your in the construction zone and the state considers there to be workers present. After he explained this I realized that there was no way out of this one. He also added that by legislative law as of 2003, he no longer has the power to offer defered judification (or defensive driving) for construction zone violations. All this being said he then added that he had told the prosecuting attorney to be easy on us. I ended up with a 147 dollar fine and changed my plea to guilty. I did'nt see the point of taking it to trial and losing cause then I could face the original 600 dollar fine or more. Sorry for the long post but I'd figure I'd let you know how everything ended up.

Paul

P.S. Lesson learned: don't speed in construction zones

[Bill Howell]

Sounds like a fair deal, considering everything. Glad it worked out for you.

[trapin]

Yep. $147 down from $600 I would consider a small victory. Good news, Paul. :twothumbs

[LoPro67]

Of course you will now be using the difference ($600-$147) for the increase in car insurance after your guilty plea. Hopefully it will not be affected too badly.

[Rick Dorion]

Glad it worked out better for you. It's not uncommon for insurance companies to take a while to catch up so hopefully your in better financial shape than you think.

[rohrt]

I heard this guy on the radio.

http://www.cleandrivingrecord.com/

Its worth a shot,

[mustanggirl1967]

everyone speeding ticket we ever got here in michigan. we would fight it and take it to court and the cop never shows up so we beat almost all the tickets we ever got... only maybe 2 but my mother-in-law just went to court for one and won also... so we have good luck here .With the cops never showing up...

[Paul69camaro]

As far as the cop not showing up, the judge tolds us that 4 years ago we had a very good chance of the cop not showing, but he changed that, he said that if cops are going to write citations then they have to be there, he also said the he orders the cop and their supervisor the following week to show up in court, where he fines them 100 bucks and the cop gets a one week suspension with no pay. So after he started doing that, the cops almost always show up.

[toofun]

If you want to prove if there were workers there or not, you should be able to summons a work order for that particular day from the citys clerks office. Any work done in a construction zone I believe must have a work order with day sheets attached. I believe this is your right.CHECK THE TICKET CAREFULLY for things such as, did the officer sign it?, Is the posted speed limit he put on the ticket the same as the actual posted speed limit?, Is the time correct? AM OR PM? These little things make a difference in some cases. Also, check to see if the ticket is radar, clocked or estimated. If it is RADAR, then you can request to see the most up to date calibration and testing records of the Radar gun used to clock your speed. Those things have to be recalibrated and tested frequently. If it has been a considerable amount of time since the last test or better yet no tests performed except from the factory, then you can argue that the gun was out of calibration. Just some of the tid bits I learned along the way that have helped me. ALSO, Many things can throw off a radar gun like fog, static electricity in the air due to a close coming thunder storm. Check into it, I believe the internet is full of stuff you can use to your advantage!!

GOODLUCK

MARK
TOOFUN