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Speeding Ticket

nptguy

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This sucks! I just finshed college I'm leaving Ole miss for good in less than 9 hours and I get a speeding tix. Jerk would not let me off for speeding down some back road that I had never even been on knowing that I was leaving for good the next morn . Took them 45 min to search my car for drugs. well venting helped a little. Back to sunny Long Island tommorrow am
 

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nptguy said:
This sucks! I just finshed college I'm leaving Ole miss for good in less than 9 hours and I get a speeding tix. Jerk would not let me off for speeding down some back road that I had never even been on knowing that I was leaving for good the next morn . Took them 45 min to search my car for drugs. well venting helped a little. Back to sunny Long Island tommorrow am
Did you give permission for them to search your car? How fast was your speed over the limit?
 

nptguy

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I mean if I said no it would have turned into a big deal , I have nothing to hide anyway. I told them, " the only thing illegal insidemy car is the old term papers and mail , coke cans that have been in there for a year." It was one of thoses shitty roads that the limit changes from 30 to 40 in less than two miles , he had me 51 in a 40 I think. he turned around and stopped me , it was not a speed trap. Oh well, wonder what would happen if I didntpay it and moved back to Long Island ?
 

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nptguy said:
I mean if I said no it would have turned into a big deal , I have nothing to hide anyway. I told them, " the only thing illegal insidemy car is the old term papers and mail , coke cans that have been in there for a year." It was one of thoses shootty roads that the limit changes from 30 to 40 in less than two miles , he had me 51 in a 40 I think. he turned around and stopped me , it was not a speed trap. Oh well, wonder what would happen if I didntpay it and moved back to Long Island ?
I don't mean to pick on you, but what do you mean "If I said no it would have turned into a big deal"?

There is no deal...they ask if they could search, that was your clue. They ASKED.

If you would have simply said, "I do not give you permission to search my car". They would have done one of two things...either searched it anyway, setting you up to become a millionaire or they would have asked you again. And you would have said no again.

Then they say, well we're going to write some more tickets since you're not being "co-operative"...then you shut up and let them write the tickets. Then the next day, you get an attorney, he makes sure the tapes from the cop cars and the dispatch tapes get brought into court and when the jury sees it took those morons an hour to write you a bunch of traffic tickets after you refused to give permission to search twice on cop car dash cam...damm your a millionaire.

I would never give permission to search...now you now have no recourse to challenge the search, because you gave your consent.
 

Vector4fun

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Hmmmm,

New Yorker speeding in Mississippi on back road in car whose interior looks like the floor of a crack house....

Nothing suspicious about that, nothing at all....















(Just yankin' yer chain a bit.) :D
 

nptguy

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Guess I'm just pissed that he would not let me off with a warning , knowing that I was leaving the next morn ,and had a clean driving history.
 

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nptguy said:
Guess I'm just pissed that he would not let me off with a warning , knowing that I was leaving the next morn ,and had a clean driving history.
I know that you didn't have anything in that car, you know that you didn't have anything in that car, but what we both don't know is if one of your friends lost or dumped something in your car by accident.

You pretty much can kiss your ass goodby if the cops would have found such an item after you gave consent...because you would have waived your rights.

Two years ago a friend of mine was celebrating his birthday and was whooping it up. Later that evening, the concern was, who was driving after the bars closed? He said he had a ride, one of his friends was only having a few beers and was willing to give him a ride home. After all, this would be second offense DUI within 5 years for Aaron, if he gets stopped driving home tonight.

It comes time for me to leave and I feel comfortable that my friend's friend is going to do the designated driver thing.

Next day at the drop zone, I hear the bad news, Aaron got busted for DUI that night. For some reason, the guy that was supposed to drive my friend home, let Aaron drive his SUV and the owner rode shotgun. They took a back road home from the bar and failed to slow down for the "Speed reduced to 25" sign and got stopped for speeding.

Since Aaron was pretty obvious regarding drinking and driving, the natural chain of events occur and Aaron gets "arrested". Since Aaron is getting "arrested", the cops have the ability to search the vehicle without consent, since this search is "incidental to arrest". The cops find pot under the driver's seat during the search...bad news for Aaron, because the "passenger" and owner of the vehicle is in big time denial during the traffic stop.

The cops did the right thing in Aaron's case, they waited until they did their homework before filing charges on the pot and had the detectives and prosecutor's office do a follow up investigation. Eventually, they got the owner of the vehicle to confess to the possession charge.

The difference between your case and Aaron's case, is that you weren't being arrested. You had the right to peacfully decline the offer to have your car searched. They could have tried to ask again and then later invented some articulated "suspicion" ruse as their reason for doing the search anyway...but their own cop car dash cams would have been their own worst enemy here.
 
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SiuDude

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psysicx said:
They can search your car without permission.

Only if they have probable cause, like a crackpipe laying on the floor....
I've been stopped by the Nazis in IL for B.S. stuff, like a broken license plate light, or doing 61 in a 55. Almost every time they asked for consent. I usually refused initially. I had 2 separate cops tell me that this is an anti-terrorist effort, another one wanted to make sure I didn't have any dead bodies in the trunk. So they basically try to talk you into consenting, that's what they teach'em at the academy. So I have usually given in to their "requests", and gotten away with a warning. The only ticket I've ever gotten was from a state cop who had no interest in searching my car.
 

NYCPilot

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If you were really doing 51 in a 40, that shouldn't be a big deal. You're usually allowed 10 MPH over the speed limit and I don't even think there's an entry for anything below 15 or something on the ticket. Not 100% on this. Maybe you should contest it in court if you have a clean driving record. The worst that could happen is you lose and pay the fine. It doesn't hurt trying. Sometimes you can work something out with the officer outside the court room before the hearing too, and possibly have it dropped. Was it LASER or RADAR? It's required that the officer be trained and retrained in its operational use. There are books on how to beat some of these tickets based upon procedures and such. You are also allowed to question the officer regarding the incident. Quiz him on his eyesight, conditions of the road, where he was positioned – take photos too, and draw diagrams. If the judge sees some inconsistencies or rules that were not adhered to on the officers part, it can easily be dismissed. Check the ticket too. Make sure everything is correct. Mistakes can be grounds for a dismissal.

Good luck.



NYCPilot.
 

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Vector4fun said:
Hmmmm,

New Yorker speeding in Mississippi on back road in car whose interior looks like the floor of a crack house....

Nothing suspicious about that, nothing at all....

(Just yankin' yer chain a bit.) :D
:D

It's amazing how many times cop car dash cams have proven in court that police didn't have an articulable reason to search a car and the case gets tossed. Not saying all the people are innocent that got their cases tossed, but you just can't "hunch" your way through to a bust when you're filiming your own actions and statements.

Also, psysicx, please note that I must disclaimer...I'm not an attorney, nor do I have any license to practice law, but any person that has read the US Constitution and can www.google.com "illegal search and seizure" can come up with the same information I have given here tonight.
 

psysicx

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Probable cause is such a loose term. If your acting jumpy then they have cause. You might be upset from getting a ticket but the cop doesn't care he is going to do what he wants.
 
T

TDTURBO

Try that sh!t with a Chicago cop and you'll soon find an ounce of blow and a .38 in your back seat, not to mention the forthcoming beating.
 

navigator72

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Or...... You could move back to Long Island and send in the fine and be done with it and move on with your life instead of dragging it throught the court system.
Just a thought!
 

troy

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Pay the ticket and move on with your life, enough said. Don't be a wus and ask about eyesight, look for mistakes, or any of the other garbage that people will tell you to do. If you made a mistake, fess up to it and take your punishment.

And no, you are not allowed 10mph over the speed LIMIT, that is why it's called a limit. It's like when ATC tells you to "maintain" a certain altitude, you don't get +/- 1000 foot do you?
 

NYCPilot

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troy said:
Pay the ticket and move on with your life, enough said. Don't be a wus and ask about eyesight, look for mistakes, or any of the other garbage that people will tell you to do. If you made a mistake, fess up to it and take your punishment.

And no, you are not allowed 10mph over the speed LIMIT, that is why it's called a limit. It's like when ATC tells you to "maintain" a certain altitude, you don't get +/- 1000 foot do you?

First of all, it doesn't sound like he is anything close to a speed demon, especially at barley 11 mph over the limit. Its quite possible that the speedometer may be out of calibration or maybe he was passing someone and it required some acceleration. By the way, if you do have a maintenance bill from a mechanic attesting to the fact that it was inspected and found to have been out of calibration, you will have the ticket dismissed. If the kid has a clean record, and is generally a safe driver, he may learn a lesson by being let off with a warning. I'm sure many of us have been pulled over for one reason or another and were given a warning and no ticket by the officer. If he asked to search your vehicle, he probably used the barely over the limit speeding offense to check you out. He may have thought something was suspicious about your vehicle or the contents of it, even from far away. Those LASER and RADAR devices have telescopes connected to them that can view up to a mile way. The device is usually pointed at the front license plate since it is the flattest part of the vehicle. The unit requires a flat surface in order to return an accurate reading. What you may have seen on a lot of cars is a semi-curved translucent plastic plate over the license. This is something sold at a lot of auto part stores for the reason of disturbing the RADAR equipment so that it sends back an erroneous reading. There is a disclaimer on the packaging though, stating that “local laws must be complied with.” Technically, you’re not allowed to have anything that obstructs the view of your license plate, and you may receive a ticket for this. But a non-moving violation. This goes for those silly vanity plate frames too, dealer advertisements, naked woman, chain link or the one that broadcasts “I’m an FAA Licensed Pilot”. They are all technically illegal. Nothing is allowed to really be superimposed onto the plate as it usually obstructs the view of some details of the plate.


Where I'm from people on the highway regularly travel within a range between 10 MPH just over the speed limit. And I have seen plenty of troopers positioned along the highway without pulling people over for this. As a matter of fact, its been told to me by an officer that they don't normally bother anyone for being 10mph or so over the limit. That’s where I got that information the first place.
Also, speeding tickets are usually enforced to pump money into the local economy of a lot of small towns.
 
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FN FAL

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psysicx said:
They can search your car without permission.
They can get sued without permission as well, cite your answer.

They can do anything they want to...even kick your ass, just ask Rodney King.

If you consent to the search, you waive your rights. Once you have done that, you cannot challenge the constitutionallity of the seach in court at a later date.

If they ask, say no. If they search anyway, at least you didn't take the constitution and throw it in the waste basket.
 
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FN FAL

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NYCPilot said:
First of all, it doesn't sound like he is anything close to a speed demon, especially at barley 11 mph over the limit. Its quite possible that the speedometer may be out of calibration or maybe he was passing someone and it required some acceleration...
Who cares about the speeding ticket? He had that coming. What he didn't have coming was the invasive search of his car. Wait a minute, he gave permission...I guess he did have that comming too.
 

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SiuDude said:
Only if they have probable cause, like a crackpipe laying on the floor....
I've been stopped by the Nazis in IL for B.S. stuff, like a broken license plate light, or doing 61 in a 55. Almost every time they asked for consent. I usually refused initially. I had 2 separate cops tell me that this is an anti-terrorist effort, another one wanted to make sure I didn't have any dead bodies in the trunk. So they basically try to talk you into consenting, that's what they teach'em at the academy. So I have usually given in to their "requests", and gotten away with a warning. The only ticket I've ever gotten was from a state cop who had no interest in searching my car.
They also teach them in academy that if they "accidently" hit you in the head with a "nightstick", to articulate in their reports that they hit you on the arm first and the nightstick glanced off and then hit you in the head.

If they are asking, that means that they have no grounds to search your vehicle. And if they have grounds and are asking you anyway, this is their way of getting you to waive your rights so that you cannot challenge the search later in court.

If you have a cop that is saying, let me see in your car and I'll forget the ticket, get him to say explain it to you real good a second time. Then refuse anyway and have your lawyer subpeona the cop cam tape at your traffic trial. The worst it will cost you is a day in court.
 

WMUchickenhawk

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SiuDude said:
Only if they have probable cause, like a crackpipe laying on the floor....
I've been stopped by the Nazis in IL for B.S. stuff, like a broken license plate light, or doing 61 in a 55. Almost every time they asked for consent. I usually refused initially. I had 2 separate cops tell me that this is an anti-terrorist effort, another one wanted to make sure I didn't have any dead bodies in the trunk. So they basically try to talk you into consenting, that's what they teach'em at the academy. So I have usually given in to their "requests", and gotten away with a warning. The only ticket I've ever gotten was from a state cop who had no interest in searching my car.

Illinois Nazis, I hate Illinois Nazis
 
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