The process to contest a speeding ticket? (Green Cove Springs: lawyer, school)

[mawipafl]

My dearest daughter had an encounter in mid-January with a member of the Clay County Sheriff's dept and his radar gun. We're not so sure he could get a true reading of her speed because there were three vehicles and it was at 7 pm (thus it was dusk). Hwy 17 just south of Green Cove Springs. Speed limit in that area 60mph.

There was a pickup truck, an 18-wheeler, and my daughter's small PT Cruiser. She was behind the 18-wheeler, and the pickup passed her and the 18-wheeler. She wasn't comfortable behind the 18-wheeler (too much of a reminder of two incidents in the past: a rock thrown up which smashed our windshield, and a "gator" thrown up which smashed our windshield.) So, she decided to pass the 18-wheeler. As she was passing she saw the police car in the median. While she was still passing the 18-wheeler she saw the police car's flashing lights coming up behind her, so she sped up to get in front of the 18-wheeler to get out of the policeman's way. Turns out he was coming for her.

Our question: how could the radar gun single out her car, her speed, when she was traveling next to the 18-wheeler? And how could she have been going 15 miles/hour over the speed limit if the radar caught her as she was passing the 18-wheeler and the police car pulled out and was behind her before she had finished passing the 18-wheeler?

It's our opinion that something isn't quite right, and we'd rather contest the ticket than take the easy route of paying it or paying for traffic school.

New territory for us and we're not sure what we should do - worthwhile to contest it? or more headaches than is worth the effort?

Anyone here ever contest a speeding ticket? If so, what was the process and your experience?

PS We have no animosity towards the policeman, no feelings that he was out to get our daughter, no thoughts that he was a jerk or didn't know how to use a radar gun -- nothing like that at all. We just feel that the incident needs a closer look.

[cricketfan]

Originally Posted by mawipafl

My dearest daughter had an encounter in mid-January with a member of the Clay County Sheriff's dept and his radar gun. We're not so sure he could get a true reading of her speed because there were three vehicles and it was at 7 pm (thus it was dusk). Hwy 17 just south of Green Cove Springs. Speed limit in that area 60mph.

There was a pickup truck, an 18-wheeler, and my daughter's small PT Cruiser. She was behind the 18-wheeler, and the pickup passed her and the 18-wheeler. She wasn't comfortable behind the 18-wheeler (too much of a reminder of two incidents in the past: a rock thrown up which smashed our windshield, and a "gator" thrown up which smashed our windshield.) So, she decided to pass the 18-wheeler. As she was passing she saw the police car in the median. While she was still passing the 18-wheeler she saw the police car's flashing lights coming up behind her, so she sped up to get in front of the 18-wheeler to get out of the policeman's way. Turns out he was coming for her.

Our question: how could the radar gun single out her car, her speed, when she was traveling next to the 18-wheeler? And how could she have been going 15 miles/hour over the speed limit if the radar caught her as she was passing the 18-wheeler and the police car pulled out and was behind her before she had finished passing the 18-wheeler?

It's our opinion that something isn't quite right, and we'd rather contest the ticket than take the easy route of paying it or paying for traffic school.

New territory for us and we're not sure what we should do - worthwhile to contest it? or more headaches than is worth the effort?

Anyone here ever contest a speeding ticket? If so, what was the process and your experience?

PS We have no animosity towards the policeman, no feelings that he was out to get our daughter, no thoughts that he was a jerk or didn't know how to use a radar gun -- nothing like that at all. We just feel that the incident needs a closer look.

Dear mawipafl, from my own experience I don't think you have a prayer questioning whether or not a laser gun can pinpoint a car next to two or three other vehicles, or whether or not it was dusk. Laser guns are that accurate. The only remaining question would be the calibration of the gun (which does differ from gun to gun) and even that is a long shot.

My suggestion is it's only worth contesting if your daughter is in danger of losing her license in which case it would be prudent to get a lawyer and fight it to the death. Otherwise, just pay the fine.

BTW, my son got his first traffic ticket for speeding in his first year of college. I phoned the officer and thanked him, that was ten years ago and he never got a speeding ticket since then.

[Ryde41]

It will cost about $350-500 to contest it. Its no headache or trouble, but it has to be worth the cost of the lawyer. Justice is so expensive.

[mawipafl]

She's not in danger of losing her license but <sigh> this is her second ticket (first one she got 11 months ago on the Buckman Bridge when a car was following too closely behind her in her perception - turned out the car was an unmarked police car.)

So, this reason for contesting is two-fold: first, she's not eligible for traffic school (can only do it once per year); but second, and the primary reason, she really doesn't believe she was exceeding the speed limit, and if she was, she's certain it was not 75 nor even close to that. I think there's true credence to her belief because the timeframe was so short for the officer to get her with the radar and then get behind her with lights flashing (yeah, I do know they have fast engines, but .....) Both of these things occurred while she was still next to the 18-wheeler, so either she wasn't going 75 or the 18-wheeler was also exceeding the speed limit by a lot.

She's writing a chronology of the whole incident - until we know all the itty bitty details, we won't truly know if the ticket is contestable or not. But in the meantime, I'm looking at options.

I'm learning more than I care to know about how radar/laser guns work. I realize that technology has improved dramatically since the olden days to recognize ghosting and shadowing and Doppler shifts and so forth. However, CBs, GPSs, satellite radios, cellphones, and other such things can cause false readings - the officer truly has to pay attention to tone. With that 18-wheeler right there, any of those factors could have played a part.

Additionally I found this interesting:
"Title XXIII MOTOR VEHICLES
Chapter 316 STATE UNIFORM TRAFFIC CONTROL
316.183 Unlawful speed.--
(1) No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event, speed shall be controlled as may be necessary to avoid colliding with any person, vehicle, or other conveyance or object on or entering the highway in compliance with legal requirements and the duty of all persons to use due care."

In my mind, what she was doing was reasonable and prudent under the conditions, and using due care.

[joninclay]

"In my mind, what she was doing was reasonable and prudent under the conditions, and using due care."

On that basis, you may have a point of a contest.

[amy_sk]

check this forum, very helpful

Speeding Tickets - Legal Help

[Magnolia Bloom]

I had an incident and chose to plead no contest. I regret doing so, as I was not at fault, but considered "no contest" to be my best choice, as I was traveling and could not change plans for future court dates.

Because your daughter had a ticket less than a year ago, I think I would go with contesting it. I am not sure that you need an attorney for this (meaning, I am not sure, not that you don't!).

Will be interesting to see what others who may have contested a ticket have experienced. If the cop's radar was not checked as required, if the cop doesn't show up in court, if the cop has a history of complaints, etc. all could/should come into play.