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> G2G 2 COURT, Need advice
post Oct 11, 2005 - 10:00 PM
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JoKeRkId613

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I got a ticket for "Unlawful Speed"(60MPH IN A 35MPH street) in Florida. The ticket says "Moving Radar #blablabla Opposite Direction". The cop was on a motorcycle coming my way and did a U-turn and got me. He said he wouldn't be appearing in court and that if I show up personally, they'll give me a lower price on the ticket and I won't get any points on my Driver's license and the insurance won't get a hold of it. I need to know what to say in court. This is my first time, I'm 18. I guess I'll go dressed professionally. My friend told me you don't really have to. Any suggestions on what I should say? I'm pleading not guilty since the cop won't be there. I read the other post on this type of thing but didn't find the exact thing I'm looking for. Is there anyway to say I wasn't speeding? I mean, what can I do? Thanks guys.


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post Oct 11, 2005 - 10:07 PM
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Coomer



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Subpoena the officer to be there...then if he doesn't come you can most likely get the ticket dropped due to lack of a prosecution witness. That's what I did with my last ticket and the officer didn't show so the judge just immediately dropped it.


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post Oct 11, 2005 - 10:27 PM
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JoKeRkId613

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If I subpoena for him to be there, that would be another court date, right? would it also be a free trial again?

because in florida, i violated statute 316.189(2), which is that in a residencial or business district, the max speed is 30mph. the posted limit was 35. so im going to say i was going 30 since i was always told that was the speed in residencial/business areas. i like to be cautious and the officer pulled me over. this is the part where i say i dont know exactly how the radar works but i'm guessing there must've been some sort of mistake, maybe something interfered with it(powerlines, other cars near me, etc).

coom, at what point should i say i want to subpoena the officer to be there? i'm not sure exactly how that works.


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post Oct 11, 2005 - 10:31 PM
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drnovascotia

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QUOTE(JoKeRkId613 @ Oct 12, 2005 - 3:27 AM)
If I subpoena for him to be there, that would be another court date, right? would it also be a free trial again?

because in florida, i violated statute 316.189(2), which is that in a residencial or business district, the max speed is 30mph. the posted limit was 35. so im going to say i was going 30 since i was always told that was the speed in residencial/business areas. i like to be cautious and the officer pulled me over. this is the part where i say i dont know exactly how the radar works but i'm guessing there must've been some sort of mistake, maybe something interfered with it(powerlines, other cars near me, etc).

coom, at what point should i say i want to subpoena the officer to be there? i'm not sure exactly how that works.
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that would be the dumbest thing you can say . .the judge will say I think a cop knows how to point a goddamn radar gun . . i mean seriously.

more believeable would be how can he be driving while shooting you while looking at his speedo while looking up the road and be 100% certain ?

Dr.

post Oct 11, 2005 - 10:35 PM
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Coomer



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Yeah, I don't think your story will work at all. You subpoena the officer before the court date...if you already have a court date assigned to you then you can subpoena him now. Ask your local courthouse how to do it...you probably have to fill out a form there.


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post Oct 11, 2005 - 11:36 PM
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creis



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well I would never say the officer was rong that is not the way to get the judge on your side, I would say that the devise used to track your speed was rong, or the elements cause some sort of interferance, or whatever. remember all the judge has to do is prove you where going above the posted speed limit, so say your very surton you did not exced 35 mph, your gana have a hard time because if you where doing 60 there is very little you can do to prove other wise anyone can tell the diff of 60 over 35. what did you tell the officer who wrote the ticket. the best thing to to is never admite to anything when you get pulled over, never agree or anything because then your screwed, always tell the truth or close to it. and dont argue, just say you dont beleive that you where going that fast and have a great reason to show that you could not have been going that fast, Traffic would be great, or rain. etc.

might be good to find a credible news report or studdy that shows how thoes guns can fail or get inaccurate readings, and make sure the judge checks the matinance on the gun as well, I have been in courd and heard other cases where the judge too one look at the gun's matanace record and thrown the case out withough the guy saying one word.

This post has been edited by creis: Oct 11, 2005 - 11:39 PM


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