Got unfair ticket, what to do?

[gchronis]

Ok, I'm making a left on a green light, and after I take the turn I step on it. I had the '02 GT at the time (bout a month ago) with Flowmasters and 2/4 cats, so it was kinda loud. I stepped on it in first, and revved it up to about 5,000, so it was loud. Then a bike showed up and had to hit the breaks. After that, I drove "normally". The limit was 35 and according to rev/speed calculators 5,000 RPM in first in my car is about 35.7 MPH. 2 lights later a cop pulls me over:
- I stopped you for speeding
- Really? What was I doing?
- Oh... 'bout 60... I was on a side street and you didn't see me.... hehehehe (yes, he actually laughed sarcastically). You made a turn, then you decided to step on it, then went about 60 and then you had to slow down cause of that bike. I saw the whole thing.
- Ok.
- Here, I'm gonna let you off the hook with just 50, and you can pay for it through the mail.
- Ok, thanks.

I look at the ticket and he wrote down "pace" for method of detection.

Now, there's not way I was doing more than the limit. It's just that the Flowmasters were loud and my GT accelerates faster than his Crown Vic and he though I was doing 60 - or 50, actually. Is it possible to "pace" someone accurately from the side? He didn't even have time to turn his radar on!

So, I'm thinking of going to court and telling the whole story. You think I have a chance? I've gotten tickets before and never said anything. Always plead guilty and paid, because it was my fault. But this is just unfair. My court date is on the 23rd.

Thanks, all.

g.

 

[Sinister Angel]

Hell yes you should fight it
He put pace on the ticket when he sure as hell didn't pace you. If he get's up on the stand and said he was pacing you, I hope you get his sorry ass for purjery.

Now, just so I don't get flamed, I don't hate all cops. In fact since I started working at subway, I've befriended a few, it's just that some of them are total asses and it pisses me off.

As far as the technicalities, I think Ginsu or someone else should answer

 

[FordSVTFan]

First of all the rev/speed calculators arent accurate for many reasons. It depends on the gears your car has and how far you rev out each gear before shifting and how fast you accelerate.

Here is the way Pacing actual works, Pacing means the patrol car matches the suspected violator's speed. This is done with a calibrated speedometer or radar. When radar is used in this
manner it is actually reading out the patrol vehicle's speed
rather than the target speed and it is up to the officer to
ensure that he is indeed matching the suspect's speed. Most
jurisdictions may specify a minimum distance over which the
pace must take place before it will be admitted into evidence.

So you can check with your locality and see if they require a certain set minimum distance for a pacing ticket to take place. If they have one is it probably at least a quarter mile. So check the distance from where he picked you up to where he stopped you. Then you can ask to see when the speedometer was last calibrated and if it is still certified as accurate.

Other than that, you can ask the prosecuter to plead guilty to a violation with no points and the same fine.

Good Luck

 

[gchronis]

Well, that's the thing. When he started to follow me, I had already slowed down. He was not behind me while he was "pacing" me. He was on a side street. And he admitted that. That's why I'm saying it's not fair, since he was not even behind me. I don't want to plea guilty to something I'm not really guilty of, but I guess I will, if I have to.

 

[Sinister Angel]

Don't plea guilty

 

[FordSVTFan]

Dont plead guilty to the offense he wrote you for. Talk to the prosecuter and agree to plead to a non point violation and just pay the fine.

Unless of course your state statute says he must follow you for a minimum distance to write a pacing ticket and you can prove that he didnt do that, or that his speedometer wasnt calibrated and certified at the time of the ticket.

Good Luck

 

[Ginsu]

First find out how far that department has to pace and you can always ask if there was a video. It may not have the actual pace on it but his comments should. When I pace someone I use my camera to back up the ticket, but that is just me.