Racing, Reckless Driving, Super Speeder.

[Tcoat]

Originally Posted by RToyo86

Manufacturers should start making dash cams standard, which can optionally record speed too. It would make police, and other drivers more accountable for situations such as this. Maybe you were speeding but not to the assumed speed the police decide to say you were going.

That can work both ways though. The police can seize the dash cam at the time of arrest. They will need to get a warrant to access the data on it but I doubt that would be difficult. If you use a dash cam you need to be bloody careful since it shows everything you do not just the good stuff. It isn't just the police and other drivers that need to be accountable. Maybe he was speeding MORE than the cop said. He isn't really sure since he said he was doing "70 maybe 75". He could have been doing 80 and just didn't realize it.

[Howaitoguru]

Originally Posted by Tcoat

That can work both ways though. The police can seize the dash cam at the time of arrest. They will need to get a warrant to access the data on it but I doubt that would be difficult. If you use a dash cam you need to be bloody careful since it shows everything you do not just the good stuff. It isn't just the police and other drivers that need to be accountable. Maybe he was speeding MORE than the cop said. He isn't really sure since he said he was doing "70 maybe 75". He could have been doing 80 and just didn't realize it.

I’m 100% certain I wasn’t going 92mph I’m 100% certain that when he used his radar he picked up the fastest speed which was in fact the charger that sped around me. I also don’t drive carelessly with my girl in the car she gets nervous so I don’t do it. I wasn’t racing the guy and I don’t know how this can account as reckless driving as I was trying to get the charger to get off my ass. I get where you’re coming from. But I know what happened I was there. The reason I didn’t know how fast I was going is because the guy was on my ass and making me feel very uncomfortable.


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[Howaitoguru]

So update. I found a lawyer he wants $750 flat for his services. He wants me to go take a defensive driving course and possibly some community service. He says he’s going to try to reduce and or throw out the charges. He said if I wanted to take it to trial I’d have to pay him more but he could do it. What’s everyone’s opinion? He’s affordable for me compared to the other guy asking for $2500. The other guy however said he could most likely get the whole case thrown out. But this lawyer said he could keep me out of jail and keep me from getting my license suspended.


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[Impureclient]

I just did a quick Google search and topics like this come up:

https://boards.weddingbee.com/topic/...eeding-ticket/

https://applepaynelaw.com/3-reasons-...raffic-ticket/

http://classifieds.usatoday.com/blog...ticket-lawyer/

It sounds like you are unsure of yourself to self defend this one so get whoever you feel most comfortable with. If $2500 guy seems like he's confident that he makes it all go away and $750 guy seems unsure of himself, I'd be using $2500 guy.
The jail/prison thing seems unlikely unless you're a habitual offender so I'd be more worried about the long term of insurance going up if the reckless claim stays on your license. Speeding ticket will increase it too but everybody has a speeding
ticket and unless it's out of control getting them a lot, one isn't going to hurt that much.

Places I'd start for defending myself would be:

The tuning/maintenance of the radar gun(explanation link). Ask for literature provided by the manufacturer that explains how the device is properly used and maintained.
Ask the police department for maintenance records for the past six months to see if it was stored, maintained, and tuned properly.

Getting a copy of the cam footage from the police officer. If he tried a "dash cam footage magically is gone or wasn't on", that seems an easy win for you.

Ticket dismissal due to your good driving record.

Delay the court date. The longer time that goes by the less info the officer will remember and him not knowing small details will make you look that much better.

The officer issuing the ticket does not appear in court. Instant win for you but this is not what you rely on since it is a 50/50 this happens.

Are the signs for speed limit set up at the proper distances/places or any other small details that render the ticket or stop improper altogether. This is where a good lawyer will come in handy.

[RToyo86]

Originally Posted by Tcoat

That can work both ways though. The police can seize the dash cam at the time of arrest. They will need to get a warrant to access the data on it but I doubt that would be difficult. If you use a dash cam you need to be bloody careful since it shows everything you do not just the good stuff. It isn't just the police and other drivers that need to be accountable. Maybe he was speeding MORE than the cop said. He isn't really sure since he said he was doing "70 maybe 75". He could have been doing 80 and just didn't realize it.

True, If loop recording is on then you have all the footage your memory card can hold at their disposal.

Most cams have a manual only save option if there was something specific you want saved. It makes sifting through footage easy versus going through 25 5 minute clips or however many your card holds.

I believe the Toyota certified dealer cam has the same features. Not 100% as I didn't investigate much after I saw the $500 price tag.

[Dadhawk]

Originally Posted by Impureclient

The officer issuing the ticket does not appear in court. Instant win for you but this is not what you rely on since it is a 50/50 this happens..

This one is a little iffy at best. Depending on the jurisdiction and the reason the officer isn't present, the court may just reschedule the case for a later date. They can do this as many as two or three times before they finally release the case with a judgement for the plaintiff. This is more likely to happen in more serious charges such as this than in a 10 over the speed limit trial.

[p1l0t]

Originally Posted by Howaitoguru

So update. I found a lawyer he wants $750 flat for his services. He wants me to go take a defensive driving course and possibly some community service. He says he’s going to try to reduce and or throw out the charges. He said if I wanted to take it to trial I’d have to pay him more but he could do it. What’s everyone’s opinion? He’s affordable for me compared to the other guy asking for $2500. The other guy however said he could most likely get the whole case thrown out. But this lawyer said he could keep me out of jail and keep me from getting my license suspended.


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Best $750 (or $2500) you'll ever spend. Their rates actually sound similar just one probably wants to go trial and the other is trying to avoid it. Either way it's going to cost $100/hr. It sounds to me like the Officer is bluffing big time but the system is made to back the state. A good lawyer can ask the right questions without you even having to go in there initially. If you go in trying to demand this and that the prosecutor is just going shrug it off and say I'll ask the questions here. From there you can only incriminate yourself with your unsurity even if you were going 61mph or 75 or whatever you said. The lawyer as 3rd party and legal council can cite why they have to produce X and Y because of such and so law and only devuldge what they want to (probably nothing at first) especially since they weren't even there when it happened. Faced with going to trial and trying to explain how he was shooting a lazer gun while driving or just guessing your speed they will probably give you a sweet deal maybe not even a moving violation. Most modern guns take a picture of the plate and show the speed they will be happy to shove it in your face if they really have it. Even if they do have a printout from it that's calibrated that they just didn't show you at the scene, your lawyer is better at describing what a great citizen you are, why you don't need to be removed from society over some other driver, and what you can do to make up for it instead that's proactive instead of fines/jail. A misdemeanor is trial by jury, an infraction is only a judge. They want to settle. Especially if they have only your own word against you. Next time don't loose the race (just kidding), and if you do never say your speed. If they have to ask its because they don't know.

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[AutoNewb]

Originally Posted by Tcoat

Bullshit.
The cop came over a hill.
Saw two cars speeding and apparently racing.
Had a split second to make a decision.
Pulled over both.
One ran.
Cop called it in and stayed with the one he had.
No conspiracy, scheme or any other shady goings on.
It was just bad timing on How's part and now he needs to fight it. Get it knocked down to speeding and pay the fine.
Hell, he doesn't even know how fast he was actually going so maybe the 80 was right.


People need to rationalize such things to figure out why it wasn't their fault.
Everybody go ahead and make shit up based on absolutely no facts though. It seems to be the trend these days.

Agreed with this 100%

Bad decision on your part for keep speeding up. Just being honest. You have no proof on your side right now backing up your story.



I've had some road rage issues against aggressive drivers (such as this charger) and have had done some stupid stuff. Its best to keep calm and just go back into the slow lane with the rest of the traffic.

As for a lawyer, it is what it is man. Take out a personal loan for $10k to start and get the best one you can find that specializes in traffic tickets.

PS: Dont drive in NJ if you have road rage too. Worst/ most aggressive drivers I've ever seen in my life. You'll just make really bad decisions based on how they drive.

[Tcoat]

Originally Posted by p1l0t

Faced with going to trial and trying to explain how he was shooting a lazer gun while driving or just guessing your speed

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The police have used moving radar for about 20 years now. The detector is mounted to the car and has a second antenna that measures and deducts the cruisers speed. The officer does not need to aim the gun and the measurements are valid and legal. This is not new and I have been pulled over based on the moving radar measurements a couple of times.

[Spuds]

I've never had this kind of problem, nor do I live in Georgia, but doesn't the cop have to provide actual evidence to bring criminal charges against OP? Did I miss something or has there not been any evidence presented? If it is un-aimed radar, shouldn't he have to prove it was you specifically?

[Tcoat]

Originally Posted by Spuds

I've never had this kind of problem, nor do I live in Georgia, but doesn't the cop have to provide actual evidence to bring criminal charges against OP? Did I miss something or has there not been any evidence presented? If it is un-aimed radar, shouldn't he have to prove it was you specifically?

That evidence would not have to be released until court proceeding have been started. They do not have to provide any evidence at all at the time of arrest. This is where even a moderately decent lawyer would get involved since he will know exactly how to gain access to the State's case and evidence.


Some good stuff on the radar here: https://www.nolo.com/legal-encyclope...hapter6-1.html


Pulling You Over as Part of a Group of Cars. In situations where several cars proceed over the speed limit, some especially zealous officers will take a radar reading on the “lead” vehicle and then pull it over, along with one or two followers. In court, the officer will try to use the reading for the first vehicle as the speed for everyone else. The officer may even be up front about this, saying that he or she saw the vehicles behind following at the same speed. (“There was no change in bumper-to-bumper distances”.) Or the officer may even claim to have also used the radar unit to measure the speed of second and/or third cars. (“When they passed through the beam, there was no change in the reading.”) Either way, this is shaky evidence. To be really accurate, the officer would have had to simultaneously note the lead car’s reading while also keeping a close eye on the other cars. (This is something that is especially hard to do if the officer’s car was also in motion.) If the driver of the second car can truthfully testify as to how the lead car was going faster and increasing the distance, it should be a big help to establish reasonable doubt in court. And the use of radar to measure the cars is also problematic, since by doing so the officer admits several cars were close together and that he or she was trying to measure all their speeds almost simultaneously. Here are some possible defenses: (1) If you were the driver of the lead car, you may be able to claim that the officer inadvertently locked onto a higher reading of the second or third vehicles that were gaining on you. If the second or third vehicles were larger than yours, the chances of a false reading on your car go up, because the larger vehicle will reflect a stronger signal. In this situation it may help the driver of the lead car if he or she can truthfully testify to seeing (in the rear or side mirror) the second vehicle quickly gaining from behind and suggest that the radar reading was really for that vehicle. (2) If you were the driver of one of the vehicles behind the lead car, the vehicles in front of you may have been traveling faster (as lead vehicles often do). If that vehicle was larger than yours, or closer to the officer’s vehicle, this would result in that vehicle’s reflected radar signal being stronger. You could argue here that the radar unit read the speed of the car ahead of you, not your slower speed.

[weederr33]

This all sounds like a series of unfortunate events, OP. Hopefully you can get things sorted, best of luck!

[Spuds]

Originally Posted by Tcoat

That evidence would not have to be released until court proceeding have been started. They do not have to provide any evidence at all at the time of arrest. This is where even a moderately decent lawyer would get involved since he will know exactly how to gain access to the State's case and evidence.


Some good stuff on the radar here: https://www.nolo.com/legal-encyclope...hapter6-1.html

Yeah, pretty much my point right here (from the link).

Most radar units have beam angle, or spread, of 12 to 16 degrees, or about one-twenty-fifth of a full circle. This means the beam will have a width of one foot for every four feet of distance from the radar antenna. Or put another way, the beam width will be two lanes wide (about 40 feet), only 160 feet distant from the radar gun. Thus, if you’re in one lane and a faster vehicle is in another, the other vehicle will produce a higher reading on the officer’s radar unit, which the officer may mistakenly attribute to you. The mistaken reading of another vehicle’s speed is especially likely to occur if the other vehicle is larger than yours. In fact, the vehicle contributing to the officer’s high radar reading needn’t even be in another lane; if a larger vehicle, such as a truck, is rapidly coming up behind you in your lane, the officer may see your car while the radar is reading the truck’s speed. Inability of the equipment to distinguish between two separate objects is called lack of “resolution.”

[xdavidx]

I had a ridiculous reckless driving ticket when passing through Virginia once just cruising on the highway at the speed of traffic. For the record, never ever ever drive more than 10 over in Virginia as it's an automatic reckless driving charge. Hired a lawyer, sent them some driving records, never set foot in a court room and was dropped to a minor speeding ticket with no fine and never showed up on my record or hurt my insurance.



Moral of the story. Just hire a lawyer.