Folks,
Just wanted to provide an update on this ticket..firstly quick recap
--Got a speeding ticket on 8th September 2013 for driving 65 on 50 zone. The ticket had a fine of 52.5 $ and 0 demerit points. At first thought of paying it, but I didn’t want to get conviction on my drivers licence which will increase my insurance rate for sure and it is always good to fight tickets or at least try my best. So decided to go for a trial. Requested Disclosure.
-- The trial date I got was February 1st 2014. I had planned India trip on Jan 31st and tickets booked. So I went back and rescheduled the trial the new date I got was March 14 2014. Also I went in to enquire about my disclosure, they said that they don’t send in the disclosure and I can take it right away if I want it. I collected the radar manual, any notes from officer.
-- Come Trial Date March 14 2014, I had done some prep from ticketcombat.com, and trying to find some argument points perhaps the only point for me was to prove that radar was not working properly or the officer doesn’t know enough about radar. I go to the prosecutor, she tells me she could reduce the fine to 30$ and speed to 60 over 50. Still conviction is a conviction and I didn’t want to let that go. She tries to scare me saying that the officer reduced the speed on the spot, and if I go for trial then the speed will be bumped up to 72KM/HR and I would get 3 demerit points. At this point I started thinking, but I decided I will still fight it. I told her that I want a trial. My turn came in, she requested that the speed be bumped up to 72. I argued saying that there is no evidence or nothing marked in the ticket which says that the officer had reduced my speed on the spot. I don’t know what happened to the judge when I said this. She said that she cant keep the trial today and adjourned my trial to June 25th 2014
-- I went to work and started thinking about the other cases that took place. I saw that defense lawyers dismissed 3 cases on the grounds that it was not filed within 7 days. I read section 4 in which it said that officer has to file the ticket within 7 days. I called up the court to find out when the ticket was filed. They said 16th Sep.I did my calculation and wow it is 8 days. I went to court again, paid 3 $ and collected officers copy of filing and the proof which indicated that the ticket was filed on 16th.
-- Today was my trial, went in. The police officer had come in today as well (just for my case on both the occasions). I showed the prosecutor this document, she looked at it and tried to say things like it would have been a long weekend etc. I said as per section 4 this is a void ticket. She said that she is withdrawing this ticket and yes finally the ticket got dismissed.
So I am not saying I am expert but here are few tips I would like to share
1. Fight every ticket you can. There can be situations when you get ticket in other cities or US. In such situation you cant fight the ticket but if the court is not far off, just fight ticket. Over 90% of people just plead guilty and never try. Never pay online and accept guilt. Remember that you are not guilty unless proved.
2. Try not to get tickets, speeding tickets I think are the most avoidable tickets . All you have to do is go within speed limits. Look at speed limit sign board all the time as soon as you enter a new street.
3. Try to plan journey in advance and always keep GPS for even shorter distances. GPS allows you to plan your lanes in advance and you also know approximate distance. This will help you make less errors while driving
4. Use Blind spot mirror which helps in better control of blind spots.
Excellent Vivek901.
Thanks for sharing .
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DSD
Congratulations and thanks for sharing!
Congratulations Vivek101..your perseverance paid off. It is quite easy to fall prey to the scaring tactics of the prosecutor, you need to hold your ground.
I also wish to sound an alert all CDs driving with cell phones - in the past week I have noticed increased patrolling by pandus (bambaiya term for c...) of cars at stop lights. They move around on foot or on bikes. Most motorists look around for a car with lights at the top - now you have to keep an eye for pandu on his feet or bike as well..
Stay safe, drive safe.
Hiren
Congrats Vivek101.
For some reasons, while going through your investigation details I was getting in my head the background music similar to the one in Sherlock Holmes. Sherlock and traffic ticket - I know it sounds absurd .
Also, I agree with hchheda above. Please please please, do refrain from talking on the cellphone while driving. One of the major causes of accidents. There's nothing urgent in the world than your own safety. Unlike many people, I didn't install hands-free in my car and totally avoid all phone calls while driving. However, if it's darn urgent - take an exit, pull over and then use the phone.
There are ways to avoid speeding tickets; and are in your hands. Anything else is just an excuse.
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