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Speeding Ticket! This is a special one!!!!!!!!!!!!?
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Speeding Ticket! This is a special one!!!!!!!!!!!!?

i was recently pull over by an cop, the cop was in front of me and we were both doing 85+ mph on a 65. he pulls to the side lets me pass and throws on his lights and pull me over. before he pulled me over he was not on "official business" he was not hurrying off to arrest some bad guy off at some crime scene. he was just patroling. im going to fight it, any suggsetions?
Additional Details
this was after hours of driving on a long trip. i figured i could stay behind the cop to keep me from gonig over the speed limit. before we got to 85 mph we started at 70. i guess now all i can do now is hope the cop doesn't show up to court?


    




lcmcpa
Rating
I read of one court case where the guy was not guilty. The judge decided that if a cop was speeding he could not ticket someone FOLLOWING him. It's probably just one of those things that will depend on the judge. If you are found guilty you should write the police chief and request that the officer involved be ticketed since he was also speeding.


trooper3316
Even if you convince the court the officer was speeding, it will not effect your ticket.

I'm sure he will wind up with a letter of reprimand, but the court will still find you guilty.


The truth
A cop going 85, and you caught up with him.

You are going to make the judge's day with that story.


old fuzz
Rating
Nice try, you are going to be hit with a fine and court costs.

When you passed the officer, he probably lit you up on his radar and then cited you. Your argument that he was speeding too, does not justify your illegal conduct. I suspect what the officer will say is: I saw him coming up behind me at a high rate of speed. I pulled over and clocked him at 85 mph on my radar and cited him.

You have no proof that he was speeding. You have no way of knowing what his particular mission was even if he was speeding.


cclover _
Rating
slow down....


shilo9i
Rating
Just because the officer was speeding does not mean that you are also allowed to speed. You will lose unless you can prove that you were not speeding.


TURANDOT
He was in front of you, then got behind you to clock you? Sounds like entrapment. In some states, cops can't do that

I'd file a complaint and request a formal investigation. Somebody has to monitor the games they play, until the day citizens equip their cars with videocameras


joeanonymous
Rating
The officer's driving will not get you out of a ticket. The presiding justice in traffic court will not let you bring that up and will direct you to make a complaint to the police about the police officer's driving.

"I was following a police officer" is not a defence to speeding.

Following a police officer who is speeding is not entrapment and it drives me crazy when people throw that term around here when they answer questions they obviously have no clue about.


freeflow
Rating
oh hope you werent the one flying past me and scared me to death,


nitewolf
Rating
Classic speed trap and you fell for it. Either way, you were speeding and the officer probably clocked you while he was in front of you. Then clocked you again from behind and pulled you over. It doesn't matter if he wasn't on official business and was only patrolling. Note to the wise, just because a police officer speeds doesn't mean you can too. Especially behind him in a tailgating manner. You're lucky he didn't charge you with that too. You can try pleading guilty to a lesser charge if one is available, otherwise pay the fine and slow down next time. Drive safe and smart.


eentweedrievier2007
Get a good lawyer. You might be able to wing an "entrapment" defense.


loreupnorth
May I ask how old you are, have you not learned cops do pretty much as they please if there's no cameras or reporters around, he will probably tell the judge he was looking for a "suspicious" person or trying to find a "suspicious" vehicle reported somewhere, or something you cannot disprove.


None the less you do deserve the ticket......


James Watkin
You are wrong. It doesn't matter what the cop was doing, you have to pay the ticket. By your logic no one should ever be ticketed because others were doing it. It won't fly in court. You will have to pay.


rkeech
Rating
You didn't say what state you are in, and that could make a difference. If you are not served with a verified complaint, signed by a deputy district attorney a certain number of days before your first hearing, as may be required by law in your state, then you could go to court and instead of entering a plea of guilty, not guilty or nole contendere, you could file a demurrer in writing. A demurrer is a plea that states that, even if all the facts in the case are correct, the court does not have standing to hear the case. Without a verified complaint, legally there is nothing before the court which the court can act upon. eighty-fine MPH in most states is a pretty serious speed, and it might be worthwhile to obtain the advice of an attorney before you go to your hearing, even if you have to spend a few bucks.

In California, there is an added twist. The Motor Vehicle Department is a sub-department of the California Department of Business, Transportation and Housing, better known as CalTrans. The enabling law for CalTrans requires that all matters arising under the jurisdiction of that department must be treated as civil matters, not criminal matters. This requirement applies to the Department of Motor Vehicles, which routinely ignores it in traffic matters, and those traffic matters get treated as petty criminal cases, in violation of the statutes that set up CalTrans and its sub-department, the Motor Vehicle Department. So, in California, you ask the judge if his court is a civil or a criminal court, and he replies that it is a criminal court. You then hand your demurrer to the clerk, and tell the judge that you demur, since the law requires that all cases under the jurisdiction of CalTrans must be handled as civil matters, and the DMV is a sub=department of CalTrans. The demurrer, being a challenge to the jurisdiction of the court, must be handled before the court can proceed with the actual case, and in nearly all cases, the court will wait a year and a day, and then dismiss your case.


Dan W
You passed a cop. He slowed down and corrected his mistake, then gave you every chance in the world to correct yours as well. Instead, you had the arrogance to pass him. If you had just done as he had done and SLOWED DOWN as soon as you recognized your mistake, instead of assuming he'd just let you go right on along breaking the law, he might have let you go.

Whatever fine you get stuck with ought to be tripled.





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