|
|
|
|
|
|
BMW Garage | BMW Meets | Register | Today's Posts | Search |
|
BMW 3-Series (E90 E92) Forum
>
I Got A Summons...I Need Your Help...
|
|
09-20-2007, 04:48 PM | #1 |
Captain
448
Rep 734
Posts |
I Got A Summons...I Need Your Help...
i was at a red light, no one around...a few cars pulled up behind me, and alongside me, but no one ahead...i thought, hey i havent used DS mode in a while, why not give it a shot...so i switched to sport mode and accelerated pretty fast to 35 mph and then let go, i looked in my rear view mirror and most of the cars were pretty far backk so i dropped to 30 and kept going...i made the turn for the street to my house and a cop pulls me over [he was at least 3 cars behind me, so even if was speeding, he coouldnt of detected it with his radar]...i had my top down...
officer: hi speed racer me: excuse me? [i tried to be as polite as possible] officer: can i see your license and registration me: yes sir, what did i do wrong? officer: you dont think you were speeding? me: no, i only went to 35, i admit i accelerated quickly, but i dont think i was speeding...how fast was i going? officer: you dont think you were speeding? me: no officer, i honestly dont...but how fast was i going? officer: you were going fast me: can i please get a warning officer? officer: im not sure what im gonna do yet 15 minutes later he gives me a summons...what do you think i should do? he didnt charge me with wreckless endangerment [which is what i thought was associated with quick acceleration], but instead with speeding...no speed limit is on the ticket...i dont think he even radared my car... i really would appreciate if some guys on the forums could hold back the age comments...i really need help, and this isnt a great experience... Last edited by xxballinboi786; 09-20-2007 at 05:21 PM.. |
09-20-2007, 04:54 PM | #2 |
Private First Class
1
Rep 181
Posts
Drives: 2007 E90 335i
Join Date: Jul 2007
Location: Omaha, NE
|
First, what was the speed limit?
Second, how fast does the ticket say you were going? Third, how fast does the ticket say the cop was going when (or if) he gunned you? Then we'll talk.
__________________
2007 E90 335i
Black Sapphire | Black Leather | Aluminum 6MT | ZPP | ZSP | CA | Heated Seats | 6FL 35% Tint | Golf Tee |
Appreciate
0
|
09-20-2007, 04:55 PM | #3 | |
Captain
448
Rep 734
Posts |
Quote:
the doesnt doesnt have a speed the ticket doesnt give his speed i asked him to tell me howw fast i was going about 3-4 times...he didnt respond with a staright answer once [thank you for trying to help] |
|
Appreciate
0
|
09-20-2007, 04:58 PM | #4 |
Doctor
32
Rep 634
Posts
Drives: RRSport, 335vert, 997 S, Sc430
Join Date: Feb 2007
Location: Los Angeles and New York
|
I bet the cop is jealous of a younger guy in a nicer car than he can afford.
__________________
2002 Lexus Sc430
2007 BMW 335i Convertible Space Gray on Coral Red 2007 Porsche Carrera S 2011 Range Rover Sport HSE Lux UCLA D.D.S. Columbia University Dental Specialist |
Appreciate
0
|
09-20-2007, 05:00 PM | #5 |
Lieutenant Colonel
33
Rep 1,770
Posts |
It sounds like you can easily get this ticket dismissed if he didnt state how fast you were going and if he didnt click you. He obviously does not have any proof so I dont see why you should easily get this taken care of.
__________________
2006 330i Steptronic/Alpine White/Black Leather/Burl Walnut Trim/Premium Package/iDrive/Heated Seats/Winter: STYLE 159 Blizzak LM-22 RFT/Summer: TBD
2004 X5 Steptronic/Alpine White/Grey Leather/Poplar Trim/Premium Package/Heated Seats/iPod Adapter |
Appreciate
0
|
09-20-2007, 05:00 PM | #6 |
Brigadier General
135
Rep 3,132
Posts |
Go to court? I mean, damn. You got charged for speeding with no speed on your ticket. The cop can't just make it up when he gets there, nor can he make up another charge to give you. That was a dirk move on his part. I can understand him giving you a ticket, but at least know what you're going to give the ticket for.
Bad luck for getting caught. Good luck for getting caught by a moron.
__________________
2018 R35 GT-R Cicio800 | 2007 E92 335i - RB Turbos, TC Kline DA Coils, HPA M3 Suspension, Quaife LSD, Stoptech BBK, JB4, FuelIT, AR Downpipes, RDSport Quads, Stett OC, Helix IC, Volk TE-37, Vorsteiner V-35, OSS Headlights | Retired - 2015 F82 M4
|
Appreciate
0
|
09-20-2007, 05:11 PM | #8 | |
Banned
38
Rep 1,626
Posts |
Quote:
|
|
Appreciate
0
|
09-20-2007, 05:11 PM | #9 |
Captain
448
Rep 734
Posts |
|
Appreciate
0
|
09-20-2007, 05:13 PM | #10 | |||
Captain
448
Rep 734
Posts |
Quote:
Quote:
Quote:
|
|||
Appreciate
0
|
09-20-2007, 05:14 PM | #11 |
Too many Alex's, from now on, call me Beaufort
343
Rep 6,188
Posts |
By law youre allowed to ask to see the readout on the radar gun. If theres nothing there to read then its not legal. You can even take a pic of it with your camera or cell phone if you want to prove it. Secondly, radar doesnt work from behind. A cop has to pace you from behind to get your speed. Its physically impossible to get a rate of speed from a radar gun from something moving away from you. So if he says he didnt use the gun but paced you, its also impossible for him to have paced you when there were cars in between.
__________________
13 HD FatBob
17 A4 Glacier/Black 1st Edition/Pre+/Sport/EurocodeTMD/Racechip 16 S6 (gone),14 S6 (gone),14 S6 (gone),13 S6 (gone),10 S4 (gone) 07 335i(gone) |
Appreciate
0
|
09-20-2007, 05:16 PM | #12 |
Private
3
Rep 96
Posts |
While you admitted to the speeding, albeit just a few mph over, a cop can provide adequate evidence to convict for speeding just by sight alone. Cops tend to profile, if you're young and he had the articulable suspicion to make the stop, he may have wanted to just check you out (while glancing through your windows; checking to see if he smelled the odor of alchohol; insurance; etc). If you don't want to get a lawyer, I'd request to pre-try the case with the solicitor before making a plea. Probably the only way you would be able to work something out (not like it matters at 5 mph over). You'd spend more on a lawyer than you will be fined, but it sounds like something that could be easily defended against by one.
|
Appreciate
0
|
09-20-2007, 05:16 PM | #13 | |
Captain
448
Rep 734
Posts |
Quote:
|
|
Appreciate
0
|
09-20-2007, 05:18 PM | #14 | |
Captain
448
Rep 734
Posts |
Quote:
|
|
Appreciate
0
|
09-20-2007, 05:18 PM | #15 |
Critical Care Anesthesiologist
484
Rep 8,828
Posts
Drives: SMB F83
Join Date: Aug 2006
Location: Seattle, WA
|
That's why in Cantonese, cops are nicknamed "Licensed Thugs"
Don't get me wrong, there are good cops out there, but it only take one bad apple to give the whole force a bad rep.
__________________
kev { divinum est sedate dolorem }
"your friendly neighborhood critical care anesthesiologist" |
Appreciate
0
|
09-20-2007, 05:21 PM | #16 |
Private
3
Rep 96
Posts |
Lawyer will probably cost in the area of $500-$1500. You generally get what you pay for. I don't know the rules for NY, but in GA, anything under 14-over doesn't get you points.
|
Appreciate
0
|
09-20-2007, 05:28 PM | #19 |
Captain
448
Rep 734
Posts |
|
Appreciate
0
|
09-20-2007, 05:29 PM | #20 |
Banned
38
Rep 1,626
Posts |
Just ask for a court date, that you are pleading not guilty. You'll go to the court house, the judge comes out, asks you for your side and then if the cop has shown up will ask him for his side. Him saying, "the kid looked like he was going fast" won't hold up. Most likely the cop won't even show up. Either way, you don't need a lawyer, you will be fine. You won't even have to pay a fine. Just dress nice (pants and shirt & shoes) and show respect. Address the judge as your honor, and be honest. In this case you HONESTLY weren't doing anything then wrong other than accelerating fast to 30 on a straight away.
REmember to speak clearly and like an educated man......no worries. Relax, you're fine, don't let this cop intimidate you and bully you into a ticket. You're good |
Appreciate
0
|
09-20-2007, 05:43 PM | #21 | |
Captain
448
Rep 734
Posts |
Quote:
one more question...if the cop says i was doing a certain speed like 40 or 50 or any other number...he cant just say that and get away with it, he needs proof right? |
|
Appreciate
0
|
09-20-2007, 05:49 PM | #22 |
First Lieutenant
46
Rep 361
Posts |
Fight it and you don't need a lawyer. A lot of cops wear microphones that go back to thier in-dash cameras. If the cop tries to change the story ask for the audio tape and video tape. That would help prove you asked a few times for the speed and he could not give one. The video will prove that he had 2-3 cars in front of him and did not get a good view of you nor could he pace you.
|
Appreciate
0
|
Bookmarks |
|
|