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Speeding Ticket

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nptguy

Well-known member
Joined
Mar 26, 2003
Posts
75
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
 
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?
 
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 ?
 
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.
 
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
 
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.
 
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.
 
Last edited:
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.
 
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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