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View Full Version : Ok... I dont consider myself a bad driver but...


GoldenRivet
08-02-09, 05:26 PM
I got a ticket in March.

did the whole defensive driving scam, got the ticket dismissed, completed the "probationary period" and got "straight" with the state as of about a month ago.

Today, while happily cruising along on the interstate with my cruise control set to 70mph, cognizant of the fact that i was passing through a very heavily monitored area for speeders and guess what??? i got pulled over. :06:

the officer said i was doing 77 in a 65, and issued me a citation.

i decided it was probably not in my best interest to get confrontational over it, however a citation is a citation.

i had decided to check my speedometer... so I drove next to my wife, me in my car, her in her car and i instructed her to go 70 mph.

i pulled next to her - as our speeds were as closely matched as our driving skill would allow - by way of cell phone i asked "what speed are you showing?"

she said she was showing 70.

MY speedometer on the other hand was showing 60 mph :shifty:

i accelerated to 70 by my indication and i cleanly left her behind in the dust :hmmm:

does anyone know the rules (if any) for ticket dismissal if by some mechanic's statement the speedometer can be shown to have been in error?

or is that even an option?

otherwise i will just have to man up - pay the fine - and request a deferral period wherein i cannot get any tickets.

I have had more tickets in 2009 so far than i have in the preceding 5 years!!! :stare:

Aramike
08-02-09, 05:30 PM
I'm not sure how it is where you live, but here in Wisconsin the speeding charge is often changed to "Faulty Speedometer", which is about the same fine but without demerit points.

Here I'd doubt you'd be able to get the ticket dismissed for that, as it is still your responsibility.

GoldenRivet
08-02-09, 05:34 PM
I'd doubt you'd be able to get the ticket dismissed for that, as it is still your responsibility.

this was more or less what i was thinking.

of course the truck is like a month old... i wouldn't have a reason to suspect it of being faulty.

;)

saltysplash
08-02-09, 05:39 PM
In the UK its your responsibility to make sure your speedometer is fit for purpose.

Courts do tend to give a Leeway of the speedo being 10% out either side of the speed limit.

unless you can get a fully calibrated speedo fitted you may wish to use a GPS/Satnav which would give a fairly accurate estimate of your current speed

CastleBravo
08-02-09, 06:01 PM
I once recieved a ticket for 84 in a 65 and it was reduced to an obstructed windshield. $65 later the whole thing was removed. No DMV or insurance report. Tell me this isn't about revenue.

GoldenRivet
08-02-09, 06:07 PM
I once recieved a ticket for 84 in a 65 and it was reduced to an obstructed windshield. $65 later the whole thing was removed. No DMV or insurance report. Tell me this isn't about revenue.

oh yeah its all about revenue under the guise of being about YOUR safety :har:

what a joke.

I was even nice enough to park in the shade for this officer on this hot day.

hopefully i can just get a deferral and pay the fine - sucks - but its better than having it on my record and taking a hit on insurance.

Schroeder
08-03-09, 06:00 AM
If the truck is just one month old I would go back to the dealer and complain about that. I don't know how things like that are handled in the US but here the dealer (if he is a professional one) hast to make sure you get a car that fits the safety standards. A speedometer that is 10 mph off is definitely something he would have to fix and probably would even have to pay your fine.
No matter what you should get it recalibrated.

AVGWarhawk
08-03-09, 06:56 AM
I do not believe a mechanical issue whether confirmed by a mechanic or not is admissable in court...especially for speeding tickets. You can plead guilty with a reason. I do not suggest you explain you had your wife pace you at 70mph either unless you want her to have a ticket as well.

Dan D
08-03-09, 07:13 AM
Your speed indicator and your cruise control are 2 different things. What speed was your speed indicator showing when the cop pulled you over?

Over here, you are still obliged to control your actual speed by looking at the speed indicator once in a while, even if you have set the cruise control to a speed below the speed limit. Therefore it simply does not matter whether your cruise control is broken or not.

"You could and should have controlled you speed with your speed indicator", is what people would tell you over here.

That you drive faster than the speed you have set with your speed control can easily happen without a malfunction, btw. Just take a ride downhill with a 2-3 % gradient.

Bad luck on your side on that day, I’d say.

SteamWake
08-03-09, 03:00 PM
You dident put some fancy big rims and tires on there did ya? ;)

I knew someone who would disconnect their spedometer / odometer and would use the tachometer to 'estimate' their speed.

anybody wanna buy a used truck cheap? Low milage :rotfl:

But Honestly 70 somethin in a 65 zone... thats just ridiculous I think you were profiled ! :doh:

Schroeder
08-03-09, 03:10 PM
But Honestly 70 somethin in a 65 zone... thats just ridiculous I think you were profiled ! :doh:
If I understood it correctly he was going ~80 but the speedo only indicated 70 mph. That's the problem. (or did I miss something?:doh:)

Fiskaris
08-03-09, 03:25 PM
It is all about the revenue.

I got stung for the first time about a month ago. Where we live close to Prague the police have bigger and better things to do and we rarely see them on traffic/speeding duty when I drive every day to town but where my Mrs is from the south east of the country I got caught doing 100 kph in a 90 and 70 in a 60, double fine and a breath test(negative). Nothing happens there, quiet as, so they just patrol the long country road to and from the nearest motorway all day, making loads of revenue. Good thing is foriegners dont get points here, so my license is safe.

There is no excuse for speeding but its pathetic to tell me off when the whole thing is about whipping approx 50 USD off me.

Dan D
08-03-09, 04:03 PM
How about this: You take your car to the car dealer who sold you the car a month a go.
You tell him to check the speedometer for free or he will lose some teeth,customers, I mean. You could pass the result on to court, if there is a malfunction.

Buddahaid
08-03-09, 04:38 PM
In CA there are some options as follows.
http://www.ticketassassin.com/fight.html

Also, I have a lawyer reference in SF that can help for $200.00. Check with car clubs for a similar reference. It's still $200.00, but way cheaper when the ticket is dismissed and your record cleared.

In TX, I don't know.

Buddahaid

CaptainHaplo
08-03-09, 04:44 PM
There are shops that specialize in checking speedometers where I grew up. They test your car at 5mph incriments beginning at 20 and going though 80 or thereabouts. You get a document saying what your speed really was, and what the speedometer said it was. If your doing 77 in a 65, but have the certified doc from a shop that shows your speedometer would have only showed you at 70, then yes your fine.

However, the key here is - think the speedometer is that far off? If your on cruise - the computer that maintains your speed doesn't anticipate hills and such - so over 1 or 2 mph over your set speed it will idle the engine to slow you back down. Its not going to make you go 7 over.

My suspicion is that the guy got you at a around 72, right at the line to pull you, then "added" a bit more. Did he show you the radar reading? In some states that is required. Did he say he even got you on radar - or was he eyeballing your speed?

There are a number of ways to fight this - but definitely get the speedometer checked FIRST. That would be the easiest out if it shows way off.

GoldenRivet
08-03-09, 06:43 PM
If I understood it correctly he was going ~80 but the speedo only indicated 70 mph. That's the problem. (or did I miss something?:doh:)

correct.. Indicating 70... radar shows 77.

i will just follow the due process... i dont have an Al Sharpton to run to on things like this :D

Falkirion
08-03-09, 06:52 PM
Well if your speedos miscalibrated its not your fault. Sounds like its around 7 mph out.

Got the same problem in my car at the moment. Need to get my speedo recalibrated. Its indicating 3kmh slower than what I'm doing. God bless my girlfriends portable GPS. Assuming that its accurate. I was wondering why at 100kmh on the freeway I was getting passed by grannies in older model cars.

FIREWALL
08-03-09, 07:01 PM
If I understand this right. This is a new truck ?

Take it to the dealer and tell them the speedo is off and you got a ticket.

Have them check the calibration. If speedo is off take dealer info to court and you most likely win.

It is a New truck and speedo problem reasonably unknown to you was fixed.

GR... With just starting a new business and recently getting your last car burnt to the ground.

You just don't strike me as a Big wheels and tires guy. :haha::rotfl::rotfl:

I hope you win this one.

btw. While in court ask when his Radar Gun was last calibrated and show certification document.

edit: And ask to see the 3 previou citations he issued.

Remember.... The burden of proof is on him.

Good Luck. :up:

GoldenRivet
08-03-09, 07:03 PM
09 has been a very bad year for me in the vehicle department. :nope:

FIREWALL
08-03-09, 07:44 PM
Also the one thing the courts count on is it will cost you more to miss work than the fine.

FIREWALL
08-03-09, 07:51 PM
If I understand this right. This is a new truck ?

Take it to the dealer and tell them the speedo is off and you got a ticket.

Have them check the calibration. If speedo is off take dealer info to court and you most likely win.

It is a New truck and speedo problem reasonably unknown to you was fixed.

GR... With just starting a new business and recently getting your last car burnt to the ground.

You just don't strike me as a Big wheels and tires guy. :haha::rotfl::rotfl:

I hope you win this one.

btw. While in court ask when his Radar Gun was last calibrated and show certification document.

edit: And ask to see the 3 previou citations he issued.

Remember.... The burden of proof is on him.

Good Luck. :up:

Also the one thing the courts count on is it will cost you more to miss work than the fine.
:salute:

GoldenRivet
08-03-09, 09:09 PM
I do not suggest you explain you had your wife pace you at 70mph either unless you want her to have a ticket as well.

she paced me at 70mph in a 70 zone :up: