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dieselkush
Stranger


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

Registered: 06/20/04
Posts: 14,850
Loc: S.E.
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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
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dieselkush
Stranger


Registered: 02/02/09
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Last seen: 14 years, 8 months
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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.
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johnm214



Registered: 05/31/07
Posts: 17,582
Loc: Americas
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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.
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Stonehenge
Alt Center

Registered: 06/20/04
Posts: 14,850
Loc: S.E.
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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
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smily
lookin 4 my ass wit both handz



Registered: 07/13/06
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Loc: Lee HO FooKs
Last seen: 1 year, 28 days
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Stonehenge
Alt Center

Registered: 06/20/04
Posts: 14,850
Loc: S.E.
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Re: speeding ticket [Re: smily]
#10129658 - 04/08/09 12:11 PM (15 years, 1 month ago) |
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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
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johnm214



Registered: 05/31/07
Posts: 17,582
Loc: Americas
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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.
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Stonehenge
Alt Center

Registered: 06/20/04
Posts: 14,850
Loc: S.E.
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Re: speeding ticket [Re: johnm214]
#10131122 - 04/08/09 03:57 PM (15 years, 1 month ago) |
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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
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Horse_Meister
Edible Farmer



Registered: 01/14/07
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Last seen: 5 years, 7 months
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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.
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johnm214



Registered: 05/31/07
Posts: 17,582
Loc: Americas
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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.
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ZippoZ
Knomadic


Registered: 06/17/03
Posts: 13,227
Loc: Pongyang, North Korea
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Re: speeding ticket (moved) [Re: dieselkush]
#10144959 - 04/10/09 08:38 PM (15 years, 1 month ago) |
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This thread was moved from Money Matters.
Reason: this would be suited better for the security and safety forum
peace -CN
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NineInchNails
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Registered: 03/01/09
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Re: speeding ticket (moved) [Re: ZippoZ]
#10166686 - 04/14/09 07:33 PM (15 years, 1 month ago) |
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I know someone who has contested EVERY speeding ticket and won all of them. Doesn't hurt to contest it.
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