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Discussion Starter #1
So if any of you guys happen to be a lawyer asking for help here. Last night, while leaving the supermarket with my girlfriend I made the left turn onto a two lane road(primarily businesses in the area.) I proceeded to accelerate and just go through my gears, not like full throttle hardcore racing type, just casual acceleration. Going the opposite direction I was and driving his vehicle, the police office proceeded to bust a U-Turn on the road and speed up behind me. Fantastic!

So he says to me I clocked you at 47mph in a 25mph zone, my response was "good evening officer, how was that possible if you were driving in the other direction, and I literally just pulled out of that Shoprite Supermarket." The total distance I was able to drive maybe 1,000 feet at best. So he takes all my information down, gives me the summons and it's done.... So now my questions

1- is it worth getting a lawyer for this?
2- I have a clean record with no points and no traffic violations for speeding in 5 years
3- does anyone have a clue how you can be clocked by an officer if they are driving? Do they have something new and the radar/laser is just on?
4- the court date said 10/10/2013 and the incident was last night, uh how does that give me enough time to fairly represent myself?

Thank you for any advice on this one


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Discussion Starter #2
Also, sorry if this is not the proper location to post this question

Thank you for the help!


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Since you have a clean record, I wouldn't get a lawyer, I think the judge will knock it down. You should really invest in a radar/laser detector, just $500 saves you from tickets/lawyer fees/insurance hikes.
 

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Just go to the court date and contest it. Tell the judge there is no way you had were clocked at that speed since you just pulled out of a parking lot.

Assuming you weren't going that fast, there must be something wrong with his radar. They do have radar that can be used while the law enforcement vehicle is in motion.
 

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A lawyer will cost you way more than $500. Mine charges $325/hr and that's cheap. Most are closer to $500/hr.
 

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Based on what you have mentioned, I suggest going to court and representing yourself. Prior to them calling you up to the stand, you'll have a chance to speak with the prosecutor. Politely mention your clean record and the fact that you were just pulling out of a supermarket, with the officer heading in the opposite direction. Tell them you want to maintain your record and that you do not feel the ticket is justified as is. Ask them what can be done to favorably maintain your record and satisfy the court. Most of the time they'll offer to have you pay a fine for a lesser charge with no points. They will then speak to the judge and the offer to accept the new terms will be read. Courts do not want you to plead not guilty, and have the officer come back. They rather have him/her writing more tickets, than sitting in court.

*Dress respectful of the court!*
 

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Discussion Starter #7
Yeah I was trying to figure out if the lawyer was really going to be worth it, the way I look at it, record is fairly clean... and 100% shirt and tie for sure with a clean shave..... just stinks, even my girlfriend said, I did not think you were going that fast at all she was like you just pulled out and accelerated to go up the hill and u-turn wam pulled over.
O well thank you for the insight guys!


Rob Ferone
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Def go in and rep yourself to save some money. Don't be confrontational or adversarial with the judge (cop there too).

Think of it as a way to sell your point of having a clean record and how that shows you've been careful in the past and will continue to be even more safe on the roads. Then go on to tell them how much you appreciate law enforcement and hope the court will allow you any benfit of doubt, or favor, based on your clean driving history and zero criminal record.

Use "your honor" or "Judge ______" (last name), etc.
 

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This is new jersey! Your asking for advise from people that dont even live here (no offense guys). All this state cares about is money. I would definetly advise you getting a lawyer. Your looking at 3 points on your license the way it stands. That alone is going to sky rocket your insurance rate. Also the next time you get pulled over the cop will have no sympathy for you since you will have points on ur record. Please do your self the favor and get a lawyer. Im telling you, from personal experience! Get a lawyer, hope for the best, thank me later.
 

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from a fellow New jerseyan and someone with a lot of law enforcement experience:

what town did the infraction occur?

"good evening officer, how was that possible if you were driving in the other direction, and I literally just pulled out of that Shoprite Supermarket." The total distance I was able to drive maybe 1,000 feet at best. So he takes all my information down, gives me the summons and it's done
unfortunately this was a big mistake - LE (law enforcement) don't like to be questioned. it throws out any chance at all he will cut you a break. next time, just bend over and take it a like a man - he will actually be more inclined to cut you a break or write you for another lesser offense.

1- is it worth getting a lawyer for this?
2- I have a clean record with no points and no traffic violations for speeding in 5 years
3- does anyone have a clue how you can be clocked by an officer if they are driving? Do they have something new and the radar/laser is just on?
4- the court date said 10/10/2013 and the incident was last night, uh how does that give me enough time to fairly represent myself?
1. yes - i would highly recommend getting a lawyer for this. people mistakenly believe everything is up to the judge. it is not. it is actually mostly up to the local prosecutor. a lawyer can speak with a prosecutor prior to you facing the judge and often times a deal can be worked out
2. keep in mind even with a lawyer this will not get dropped. most likely you will walk away with 2 points on your license and a careless driving ticket which is a lower offense than 20+ mph speeding ticket IIRC. you can then take an online defensive driving course if you haven't done so in the last 3 years which will drop your points to 0
3. LE can clock your speed in a wide variety of ways - yes he can clock your speed going in the opposite direction. i would not go with the "your radar is broken route" - that does not usually fly since their equipment must be calibrated annually. also you will not believe how many people try and argue that.
4. the court date MAY be incorrect. was the summons handwritten or printed out by a computer? if you got pulled over the other day, court dates are usually set 3 weeks in advance. i would give a polite phone call to the municipality that wrote the summons to confirm.

feel free to PM me if you have any other questions - i believe we are facebook friends as well
 

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This is new jersey! Your asking for advise from people that dont even live here (no offense guys). All this state cares about is money. I would definetly advise you getting a lawyer. Your looking at 3 points on your license the way it stands. That alone is going to sky rocket your insurance rate. Also the next time you get pulled over the cop will have no sympathy for you since you will have points on ur record. Please do your self the favor and get a lawyer. Im telling you, from personal experience! Get a lawyer, hope for the best, thank me later.
I live in jersey. In my younger years I've had my license suspended and have spent many days in court fighting tickets(Street racing is bad Mmkay). I do not suggest getting a lawyer right away. Go to court and represent yourself. Speak to the prosecutor' he or she will probably offer you "unsafe operation of a motor vehicle" which carries no points and is roughly $300 plus court fee of about $30. If you are not offered this by the prosecutor plead not guilty and request another court date at which time u should get yourself a lawyer. Hope this helps.
 

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Just my 02:
* Both the previous posts are decent advice.
* At least go to court. If the officer doesn't show then your case can be dismissed. I gues you have to plead not guilty for this? - verify.
* If the officer is present you will be found guilty of something and you will pay them something.
Hopefully you will be given the chance to bargain down.
* Even without radar the judge will ask the officer if he has been trained to recognized the speed of vehicle and whether he has experience doing it. The answer will be yes. He's the cop, they want the money, you will be found guilty.

Many years ago I was found guilty in a similar scenario with my layer present. I have come to recognize that I had no chance of not being found guilty of something. I was also once found guilty of going the wrong way down a one way street in AC. I was guilty of that - but where I made the turn on to it, it was not marked! Even with a picture in court they couldn't have cared less. Guilty.

* A lawyer will surely be expensive.
* the ticket, points surcharge, and increased insurance cost will be expensive.

Take your pick!
 

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Another NJ resident here who had many, many, many speeding tickets in his younger years (two in the first week I had my license and I just haven't been caught in a decade or when I was, repoire with the officer eliminated it).

You probably could have gotten it written down 1 level or more with the officer but sort of blew your chances there. I'm not certain if you weren't speeding, only you can know, but I can get up to 60 mph in 5 seconds and I've... done 45 in a parking lot once or twice without trying so Its not THAT valid of an excuse ;) if you were speeding, you should have just come clean... they're looking to raise revenue. I've had speeding tickets converted to seat belt tickets and other things instead.

There's certain ticket speed "tiers" and the prosecutor will generally let you plead down 1 level even without a lawyer.

If you are looking to plead down 1 level, you don't need the lawyer. As mentioned, just cite to the prosecutor your clean record, etc.

If you truly did not speed and you want to fight the ticket as erroneous, good luck. Yes, you'll need a lawyer and that's one heck of an uphill battle.
 

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Stiggysarus gave you the most accurate advice. Hire a Lawyer to defend you in court. There are plenty of lawyers that specialize in traffic court and they usually charge a flat rate per court visit. Expect to pay between $200 and $300 for the lawyer to go for you.
The Cops that write those tickets do pretty much only that type of enforcement. They spend A LOT of money on putting equipment into those cars than can read the speed of other vehicles around them and run plate numbers. They get into trouble for losing a case in court or forgetting to show up that day. You can bet his testimony is going to be on point.
Lawyer = probable reduced charges or probation
No Lawyer = Probably Guilty
Either way you are going to be bent over. But how hard you get screwed depends on how you represent yourself in court.
It may cost more money between the lawyer and the fines at the end of the day, but if you can keep your insurance down, you'll be better off.
 

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Radar gun - Wikipedia, the free encyclopedia

Radar guns work off the doppler effect. Radars use radio waves to ascertain your vehicle speed. A radar gun consists of a transmitter and receiver of radio waves. The radar gun transmitter emits a radio wave which then travels to your vehicle, and when it meets your car it interacts with it, resulting in a shift of frequency directly proportional to speed at which you are traveling. The adjusted wave now travels back to the gun, where the computers measure the shift in frequency and calculate a vehicle speed. You don't have to be stationary for this to work as long as your have a computer that can take into account the speed at which the gun is traveling and make the necessary adjustments to the calculations, hence why cops can clock people traveling in the opposite direction.
 

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Discussion Starter #17
I live in jersey. In my younger years I've had my license suspended and have spent many days in court fighting tickets(Street racing is bad Mmkay). I do not suggest getting a lawyer right away. Go to court and represent yourself. Speak to the prosecutor' he or she will probably offer you "unsafe operation of a motor vehicle" which carries no points and is roughly $300 plus court fee of about $30. If you are not offered this by the prosecutor plead not guilty and request another court date at which time u should get yourself a lawyer. Hope this helps.
Thank you for all the advice

I talked with my Manager, and he is working towards being a police office as a side job, and he said the same thing. He was like take the half day, make a plea with the prosecutor and if your record is as clean as you say it is with only a few tickets 5+ years ago they should give you the Unsafe Driving which is $$$ but no points.

If they do not let me get that, he said get a lawyer, but chances are high due to the fact that they never want to have an office come to and from the court room missing duty for someone with a clean record.

Thank you for the advice here on this one.


Rob Ferone
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not good advice, imo - sure, it is likely with a clean record that you can get a deferral/pass this once.. but only when done properly and through the correct legal channels. you were given a court summons - people that show up to these without proper legal defense are typically just told NOPE. NEXT. this is a volume thing, you're going to be showing up to a judge that has a hundred other people he has to process. why waste the courts time with a 2nd trip when you've already got your day to contest it? you're just going to irritate them.

here in WA state, you can drop a couple hundred dollars on a traffic lawyer, who is already friends with the prosecutors .. and they can email in advance of your court date to predetermine how things will be handled. you won't even have to go to your court date this way, and the judge won't throw the book at you for being unprepared.

I would personally just pay a lawyer then pay whatever crap fee they change the ticket over to for you. I've done it a couple of times, and both times I paid fees for 'Talking on phone while driving' and 'Unsigned license registration' - much better than speeding, non moving violations. I didn't have to take any time off of work and my record is still clean.
 

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My advice... Go to court and like you were already told, be respectful and speak the prosecutor. A lot of times they can make deals. In fact if you can manage to call the prosecutor's office ahead of time, you may have luck there too. As for the in-car radar, mostly all services carry them. They are very accurate nowadays and it is up the officer to show that it was in working order on that day. He will need to prove that he properly tested it before start of shift and if his notes and the proof is well documented, well my friend, at the very least you can ask for a lesser charge to keep a clean record.

Even though you just left a parking lot, those cars can accelerate very quickly with a blink of an eye.

Regarding the lawyer, if it is just a ticket you are contesting, no need for one but if this a summon (Part 3 in our area) then I would recommend that you get one.

Now be mindful I am in Canada and procedures are done differently.

Cheers and good luck.
 
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