Home | Community | Message Board

NorthSpore.com BOOMR Bag!
This site includes paid links. Please support our sponsors.


Welcome to the Shroomery Message Board! You are experiencing a small sample of what the site has to offer. Please login or register to post messages and view our exclusive members-only content. You'll gain access to additional forums, file attachments, board customizations, encrypted private messages, and much more!

Shop: PhytoExtractum Maeng Da Thai Kratom Leaf Powder   Kraken Kratom Red Vein Kratom

Jump to first unread post Pages: 1
Offlinedieselkush
Stranger


Registered: 02/02/09
Posts: 582
Last seen: 14 years, 8 months
speeding ticket
    #10124825 - 04/07/09 05:36 PM (15 years, 1 month ago)

not sure if this belongs here but a friend of mine got a speeding ticket here in Colorado. well the popo wrote a completely diffrent address then the one on his license, its not even in the same area where he was issued it. in colorado law will this void the speeding ticket? or does he have to pay up?


sorry for the long absence stuffs ben crazy in my house....

Extras: Filter Print Post Top
InvisibleStonehenge
Alt Center
Male User Gallery
Registered: 06/20/04
Posts: 14,850
Loc: S.E.
Re: speeding ticket [Re: dieselkush]
    #10124887 - 04/07/09 05:44 PM (15 years, 1 month ago)

Do you mean a wrong address for the person who got the ticket or a wrong location that the infraction took place? If the latter, he might have some wiggle room.


--------------------
“A democracy cannot exist as a permanent form of government. It can only exist until the voters discover that they can vote themselves largesse from the public treasury. From that moment on, the majority always votes for the candidates promising the most benefits from the public treasury with the result that a democracy always collapses over loose fiscal policy, always followed by a dictatorship.” (attributed to Alexis de Tocqueville political philosopher Circa 1835)

Trade list http://www.shroomery.org/forums/showflat.php/Number/18047755

Extras: Filter Print Post Top
Offlinedieselkush
Stranger


Registered: 02/02/09
Posts: 582
Last seen: 14 years, 8 months
Re: speeding ticket [Re: Stonehenge]
    #10124937 - 04/07/09 05:51 PM (15 years, 1 month ago)

it was the wrong address of where he lives. not even close to whats on the ticket. I found some info of "Perjury of an Officer" but it did not explain too much about this.

Extras: Filter Print Post Top
Invisiblejohnm214
Male User Gallery

Folding@home Statistics
Registered: 05/31/07
Posts: 17,582
Loc: Americas
Re: speeding ticket [Re: dieselkush]
    #10125042 - 04/07/09 06:04 PM (15 years, 1 month ago)

Should be security and safety.  I'm not going to check the law, but I'm confident in saying that no, it is irrelevant.



They charged him, he knows it.  Constitutionally he only has to know he was charged and have an opportunity to contest it, he knows both.



That wont stop them from mailing something to the wrong address, you not getting it, then issueing a warrant or something, and saying "oops" when you're fucked over and such, however.

Extras: Filter Print Post Top
InvisibleStonehenge
Alt Center
Male User Gallery
Registered: 06/20/04
Posts: 14,850
Loc: S.E.
Re: speeding ticket [Re: dieselkush]
    #10125661 - 04/07/09 07:18 PM (15 years, 1 month ago)

In that case it makes no difference that I know of. If the cop had gotten the location of the offense wrong then you could have challenged the accuracy of his testimony. But then again, if he says it occurred on 5th st and you say it was 4th st, it's up to you to prove him wrong.


--------------------
“A democracy cannot exist as a permanent form of government. It can only exist until the voters discover that they can vote themselves largesse from the public treasury. From that moment on, the majority always votes for the candidates promising the most benefits from the public treasury with the result that a democracy always collapses over loose fiscal policy, always followed by a dictatorship.” (attributed to Alexis de Tocqueville political philosopher Circa 1835)

Trade list http://www.shroomery.org/forums/showflat.php/Number/18047755

Extras: Filter Print Post Top
Offlinesmily
lookin 4 my ass wit both handz
I'm a teapot User Gallery


Registered: 07/13/06
Posts: 2,592
Loc: Lee HO FooKs
Last seen: 1 year, 28 days
Re: speeding ticket [Re: Stonehenge]
    #10125693 - 04/07/09 07:22 PM (15 years, 1 month ago)



--------------------


    CrAnKy PiLlOwS YeAh PiLlOwS

Extras: Filter Print Post Top
InvisibleStonehenge
Alt Center
Male User Gallery
Registered: 06/20/04
Posts: 14,850
Loc: S.E.
Re: speeding ticket [Re: smily]
    #10129658 - 04/08/09 12:11 PM (15 years, 1 month ago)

One defense that I've used successfully myself is if the cop cited you under the wrong statute or the wrong portion of the right statute. Judges love technicalities like that but will often ignore other points. At least look up the statute you were cited under. Maybe 1/4 of the time the cop won't show up and that's an automatic dismissal.


--------------------
“A democracy cannot exist as a permanent form of government. It can only exist until the voters discover that they can vote themselves largesse from the public treasury. From that moment on, the majority always votes for the candidates promising the most benefits from the public treasury with the result that a democracy always collapses over loose fiscal policy, always followed by a dictatorship.” (attributed to Alexis de Tocqueville political philosopher Circa 1835)

Trade list http://www.shroomery.org/forums/showflat.php/Number/18047755

Extras: Filter Print Post Top
Invisiblejohnm214
Male User Gallery

Folding@home Statistics
Registered: 05/31/07
Posts: 17,582
Loc: Americas
Re: speeding ticket [Re: Stonehenge]
    #10130834 - 04/08/09 03:17 PM (15 years, 1 month ago)

Yeah, that's more than a technicality though- that's basic due process.



So while they can always charge you again and make you come back, if the prosecutor doesn't want to bother or their are statutory speedy trial issues you may get off.


Basically though, municipal and county cops are often pretty stupid and have no idea how their speeding guns work.  If your state is actually reasonable you can possibly challenge the accuracy of the device and should be able to, always, challenge the calibration and procedure used by the officer.


If the officer gets flustered and the prosecutor sucks you can get off.


Unfortunatly bigger areas or shitty states often take judicial notice of a whole swath of devices leaving you to dispute the calibration or whatever, which is much more difficult.


Unfortunatly, many judges jsut don't give a shit, and depending on the court it is next to impossible to appeal, so your screwed.


I know around here you basically have to ask to court to admit the bullshit that went on in trial and use that as your appellate record.  They ban you from taking any recording of the proceding and then make you get the judge to admit to the crap that went on.  If the judge won't admit to it- you loose.


Pretty silly.

Extras: Filter Print Post Top
InvisibleStonehenge
Alt Center
Male User Gallery
Registered: 06/20/04
Posts: 14,850
Loc: S.E.
Re: speeding ticket [Re: johnm214]
    #10131122 - 04/08/09 03:57 PM (15 years, 1 month ago)

I never heard of a court that barred having a court reporter present though it'll cost you. Other things that will get you off sometimes are asking the cop when his speedometer was last calibrated if he used that to check your speed. If he doesn't know, that's a point in your favor. Check local regs to see how often they must be calibrated. Same with radar guns and the uses of them.

However, if you get a really bad judge or one that doesn't like your lawyer or you, he may ignore all that. A jury is more likely to listen to you on that sometimes. You can appeal but you need a transcript for that which means a court reporter taking it down. It's not cheap.


--------------------
“A democracy cannot exist as a permanent form of government. It can only exist until the voters discover that they can vote themselves largesse from the public treasury. From that moment on, the majority always votes for the candidates promising the most benefits from the public treasury with the result that a democracy always collapses over loose fiscal policy, always followed by a dictatorship.” (attributed to Alexis de Tocqueville political philosopher Circa 1835)

Trade list http://www.shroomery.org/forums/showflat.php/Number/18047755

Extras: Filter Print Post Top
OfflineHorse_Meister
Edible Farmer
Male User Gallery


Registered: 01/14/07
Posts: 408
Last seen: 5 years, 7 months
Re: speeding ticket [Re: Stonehenge]
    #10134574 - 04/09/09 06:16 AM (15 years, 1 month ago)

so let me get this straight.

say i got pulled over for going 30 over. i turn on a recording device. i argue that i was going 5 over. i ask them where and when their device was last calibrated. they say they don't know or some city guy did it. i tell them that they're wrong. more than likely they will be like, i'll drop your speeding charge to 15-20 over instead of 30 to make you accept their bargaining. you say no. you still get a ticket for 15 over. you go to court to fight it with the audio recording. what will the court say? do judges like bargaining cops?


--------------------
KTHXBai2YoU

Horse_Meister


Life is what happens while you're busy making other plans.

Extras: Filter Print Post Top
Invisiblejohnm214
Male User Gallery

Folding@home Statistics
Registered: 05/31/07
Posts: 17,582
Loc: Americas
Re: speeding ticket [Re: Horse_Meister]
    #10137137 - 04/09/09 03:28 PM (15 years, 1 month ago)

You will probably win, but they usually do calibrate the things pretty often.  They use a tuning fork on the radio ones and a few posts on the laser ones.


If you get a laser guy though, ask him how he knows the clock in the device is accurate.  As I recall, the user calibration doesn't check for that.


Stonehenge:  Courts that don't allow recordings exist in plenty around here.  Its  a secret.  Like I said, your appellate record is what the judge admits to.  If your pro se the judge don't care, and you get nothing.

The other fun part is that you cannot appeal, basically, without the record yet its your duty to get it.  So if the judge just says "fuck you" you loose the appeal unless their is plain error that isn't relevant to the record.

Extras: Filter Print Post Top
InvisibleZippoZM
Knomadic
 User Gallery

Registered: 06/17/03
Posts: 13,227
Loc: Pongyang, North Korea
Re: speeding ticket (moved) [Re: dieselkush]
    #10144959 - 04/10/09 08:38 PM (15 years, 1 month ago)

This thread was moved from Money Matters.

Reason:
this would be suited better for the security and safety forum

peace
-CN

Extras: Filter Print Post Top
OfflineNineInchNails
Stranger

Registered: 03/01/09
Posts: 1,190
Last seen: 1 year, 4 months
Re: speeding ticket (moved) [Re: ZippoZ]
    #10166686 - 04/14/09 07:33 PM (15 years, 1 month ago)

I know someone who has contested EVERY speeding ticket and won all of them. Doesn't hurt to contest it.

Extras: Filter Print Post Top
Jump to top Pages: 1

Shop: PhytoExtractum Maeng Da Thai Kratom Leaf Powder   Kraken Kratom Red Vein Kratom


Similar ThreadsPosterViewsRepliesLast post
* Good tip for the next time you get a speeding ticket. lid 1,313 9 10/26/05 09:57 PM
by Microcosmatrix
* Speeding ticket lateralus 505 4 09/02/05 03:17 PM
by divinityinfinity
* late speeding ticket JT 1,089 14 12/10/07 02:24 PM
by johnm214
* Warning Tickets *DELETED* *DELETED* oneducktwoducks 463 1 04/14/05 03:56 PM
by discoabe
* Possesion ticket at Burning Man ShattrdHarlequin 955 14 09/11/05 07:39 PM
by Icelander
* Can using a Firewall speed up internet?? SugarMagnolia 513 7 09/13/04 11:24 PM
by monoamine
* Traffic Court astabooty 1,277 18 12/06/06 01:42 AM
by fastfred
* Paranoia related to growing.
( 1 2 all )
StrandedVoyager 3,109 31 05/28/05 07:32 PM
by Liquidkick

Extra information
You cannot start new topics / You cannot reply to topics
HTML is disabled / BBCode is enabled
Moderator: Enlil, Alan Rockefeller
329 topic views. 0 members, 2 guests and 1 web crawlers are browsing this forum.
[ Show Images Only | Sort by Score | Print Topic ]
Search this thread:

Copyright 1997-2024 Mind Media. Some rights reserved.

Generated in 0.022 seconds spending 0.006 seconds on 15 queries.