Is it worth fighting? (Speeding ticket)

chris203

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So last night I was driving back from Socal to AZ and I stopped in Quartzsite, AZ for some gas. If you have never heard of Quartzsite, it is a small town just off the AZ border off the I-10. Its basically a trucker stop, but for some reason, people live there. Anyway, I was going 45 mph and was passed up by an F-150 going about 55 mph. As the F-150 is passing, I get a burst of Ka radar on my detector and say, "that guy is screwed". Right as I'm about to pull into the gas station, sure enough, I get passed by a cop with his lights on and pulls over the F-150 in the gas station.

I proceed to pull up next to a pump and start pumping gas into the rental Corolla I was driving. So as I am standing there, another cop pulls up behind me with no lights on and just sits there. As I am putting the nozzle back onto the pump, the officer gets out of her car and asks me for my license and registration. Puzzled, I get my information and give it to her. She asks me what the speed limit is and I say 45. She asks me how fast I was going and I say 45. She says the speed limit is 35 and tells me she is going to write me for 10 over. I reply I did not see a speed limit sign (I really didn't, the road was pitch dark, but looking at Google Street View, there is only 1 sign on the 1.5 mile stretch from the freeway exit to the gas station) and she says, "They're out there".

As she is writing up the ticket in her car, one of the locals comes up to me and asks what I'm pulled over for and I say 10 over. He says, "Oh she is new here, she looks scared." The local guy walks to the convenience store and before walking in says hello to the cop who pulled over the F-150 and the cop replies, "Hey Steve, how ya doin?". I lol and then am immediately pissed when I am handed my ticket. She said the other cop (who pulled the F-150) clocked me on radar doing 45 and called it into her.

Now, is it worth my time to drive 2.5 hours to fight this? She "pulled me over" while I was out of my car pumping gas, I never saw the radar, and she wasn't the officer who clocked me. So can you even cite someone for speeding if they are stopped at a gas station and have the nozzle in their car? Plus, a ticket for 10 over is so bitch. Thanks alot!
 

yosemiddysam

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Damn......That seems like an actual good case but to be honest....they will always win it seems. You should have seen what the other guys ticket had the speed limit at..If they were different then that right there could have gotten it thrown out.
 

VenomRogue

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No, that is not worth your time.

all tickets are worth your time.

they WANT you to just pay it, and move on. Thats what 90% of the people do. anyhow.......



Get a free consultation with a lawyer, and try to find out about the F150's ticket....and find out what the actual speed is on that road.


The only downfall is, that she probably got you on dashcam admitting to doing 45, so if the limit really is 35 then your screwed. If thats the case, get defereed adjudication or take defensive driving, dont just outright pay it.
 

FordSVTFan

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Now, is it worth my time to drive 2.5 hours to fight this? She "pulled me over" while I was out of my car pumping gas, I never saw the radar, and she wasn't the officer who clocked me. So can you even cite someone for speeding if they are stopped at a gas station and have the nozzle in their car? Plus, a ticket for 10 over is so bitch. Thanks alot!

The officer is not required to show you their radar readout. She can cite you based on her "fellow" officers statement. The officer does not have to stop you while still driving either.

No, that is not worth your time.

I would not necessarily agree with that. It depends on if he has the time to travel 2.5 hours and how much the ticket is.

While the officer can rely on the fellow officer rule for the stop, at trial/hearing, that initial officer would have to appear to testify to your speed and his/her certification as a radar operator.

I am willing to bet the only officer notified to testify about the ticket would be the one who issued it and therefore you might be able to beat the ticket.
 

TDUB003

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I would say it's worth your time to fight especially since as stated above the officer that actually took the radar reading of your car is the one that would need to testify in court. The only problem I see with your case is if the speed limit actually was 35 and you admitted it on the dash cam. If I were you I would show up to the arraignment hearing and serve them with an order of discovery to determine what evidence they are planning on using against you.
 

chris203

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Thanks for all the advice. I think I am going to fight this one. The female cop seemed really unsure about my speeding and had to check with the other cop on my speed so I think I have a chance.
 

ban-one

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Plead not guilty and ask for a supporting deposition... request proof of officers radar training and qualifications, last time radar was tuned and calibrated...alot of times they will drop the ticket or plead it down instead of supplying all that info...dont ever plead guilty to a ticket....
 

Lt. ZO6

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Plead not guilty and ask for a supporting deposition... request proof of officers radar training and qualifications, last time radar was tuned and calibrated...alot of times they will drop the ticket or plead it down instead of supplying all that info...dont ever plead guilty to a ticket....

Requesting a supporting deposition is a great way to make the officer remember you explicitly, when he otherwise may have forgotten about everything.
 

DaBigBone

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You admitted to doing 45. The speed limit is 35. I don't see the point in fighting it.
 

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