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Criminal Speeding Ticket


VetVixn

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Hi everyone.  I got popped today in my Vette for going 91 in a 65 on the freeway.  The cop wrote me for criminal speeding (28-701.02a3).  There was a car in front of me speeding also and a Cadillac behind me keep pace.  When I saw the cop, I had already slowed to 76.

Can anyone give me any advice?  I had one other ticket this year that I went to traffic school on already and before that, hadn't had one in 3 years or so.  Never any criminal tickets (no criminal record, period!)

I have a court date in 2 weeks.  From what I gather this will be a pre-hearing sort of thing where I can plead either guilty or not responsible and then I will get another date.  Anyone else had experience with this or could your recommend someone for legal advice?

 

TIA!!

 

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There should not be any traffic school offered for 25 mph over if I remember correctly. The prosecutor (County Attorney) will be there on your court date since this is a criminal ticket. You might try to talk to him or her before your court time but they are not obligated to talk to you about your case without the judge present.

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Sorry to hear this.  It's always some what angers me when i see POS cars doing well a over the speed limit, but a sports car that can do faster speeds more safely, getting popped.  

 

How was the speed determined?  If by radar perhaps bring into question when was the last calibration of the gun.

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where were you at and at what time? Going to be hard to argue that it WAS reasonable and prudent to go that fast :( 

Which court precinct?

Anything over 85 is considered criminal speed

See if the prosecutor wlll drop to a stipulated speed of 84 and lick your wounds

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1 hour ago, az57chevy said:

Anything over 85 is considered criminal speed

But not mandatory. When Samantha got caught at 90 in a 75, she got a civil ticket.  

Of course we were the only car for 5 miles out here at 10 pm. 

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My wife got a 10 MPH over limited resource ticket for 85 in a 55. In her late 60's, the boobs don't get the same special treatment as the 20-somethings, but apologies and respect still do.

If you complained to the LEO or dis-respected him in any way, that was more of a reason for the ticket. A simple "Oh my gosh, I didn't realize I was going that fast, since I was just keeping between the guy in front and the guy behind me." might have been a more reasonable comment. If that's true, you might try that with the court.  

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It was early afternoon. I was on my way to the gym.  I have been pulled over several times before for going over 85 and they always write it as a civil ticket.  I was extremely respectful.  He came up to my car and immediately said "I got you going 91 - that's criminal speeding."  I said I didn't realize I was going that fast.  He said "you might as well turn off the car" and had me give him my license, registration and insurance and step out of the car.  In all my years - and I've been pulled over way more than I probably should - I've NEVER had anyone ask me to get out of the car before.  I answered his questions politely.  If anything, I feel like being a woman worked against me this time - it's almost like he felt like I was used to getting away with things and so he was going to stick it to me.  (Not that he said anything like that, just my gut feeling).  I wasn't showing any cleavage or anything like that and didn't even try to be anything but businesslike with him.  He made me stand next to his car on the passenger side while he wrote the ticket.  The only "break" he cut me was that he said he could take me to jail and tow my car but he wasn't going to do that.  He sat in his car shaking his head as if he was extremely annoyed the whole time which was obviously an act - it's his job to write tickets so I don't know how I inconvenienced him in any way.  The ticket says "laser" and he made a big show of showing it to me with the 91 miles on it plus the clocking distance of 515 feet which he made me read to him out loud.

From what I gather, I can't fight this like a regular ticket.  I have a court date in 2 weeks in Highland Justice Court in Gilbert (he said it was supposed to be a week but he pushed it out because of the holidays).  At that court date I believe I can plead guilty or not guilty.  If plead not guilty or not responsible, they will give me another court date.  I can attempt to fight it but from what I've gathered from my minimal research, the only way to make a case is to ask for a trial.  I also understand that at the second court date they will often offer a plea agreement down to a civil ticket with a fine.  I would assume that is in their best interest - they get the revenue from the fine and I feel like I've gotten a break whereas if I had gotten a civil ticket to begin with, I would fight it harder and maybe even have the ticket dropped.  It has been my experience with civil tickets that the cop that wrote the ticket shows up about 50% of the time so you have a 50/50 shot that the ticket will be dropped by going to court.  I am not sure the cop even needs to be present at any of these court dates, so I'm doubtful there is any way that it will get dismissed unless I go all the way to trial with it and that's probably a long shot. 

The maximum penalty is 30 days in jail and I think a $500 fine plus 3 points on my license.

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The officer only needs to show up for the trial date and in AZ unless there are conflicts with other court cases; most officers are held to a tight scrutiny if they don't show up.

LASER is harder to fight but curious what he tagged on your car to get a reflection.  Vettes are hard to target on, but not impossible.  My guess is your car "appeared" to be the fastest in the group so that's what he focused on.  You were on the 202?  Maybe after San Tan Village and before Gilbert going west?  There is a duck pond there

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Yes I was on the 202. I had just gotten onto the freeway at Higley and came around the bend before San Tan Village.  He was sitting in the underpass.  He was actually standing outside of his car with the gun.  Both my and the car behind me were white.

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Sounds like you got pulled over by Officer Scrooge McLaw, bummer of a deal.  Its more money but I wonder if it'd be wise to get an attorney involved, at least perhaps a pro could get that negotiated down to a charge/fine something more palatable.  It would cost you more money up front but you might be hit less on your license and insurance in the long run

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Have nothing I can contribute here, other than saying thank you for posting your experience. I go these speeds regularly in the area, now I will b more diligent; I don't want to go through this!

Didn't know anyone was using laser, I always get Ka band readings for chp/city cops and K band for sheriff. Though I haven't lived here that long. 

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It definitely is a huge bummer. I couldn't help but think as I was standing there that he would surely cut me a break just because it's the holidays...but no dice.

Part of the reason I posted here is that I suspect many of us hit these speeds routinely.  It's pretty hard NOT to with the Corvette.  So thanks for not judging me!  I know I was speeding but I do question the fact that I was in between two other cars that had to be speeding also.

I'm debating getting an attorney.  Really don't want to spend the money and I think I have a fair shot that they will offer me a deal. I don't think it's likely that I'll get the whole thing kicked which is definitely too bad.

Just super bummed.  Makes me feel like not even driving the Vette :-(

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1 minute ago, VetVixn said:

It definitely is a huge bummer. I couldn't help but think as I was standing there that he would surely cut me a break just because it's the holidays...but no dice.

Part of the reason I posted here is that I suspect many of us hit these speeds routinely.  It's pretty hard NOT to with the Corvette.  So thanks for not judging me!  I know I was speeding but I do question the fact that I was in between two other cars that had to be speeding also.

I'm debating getting an attorney.  Really don't want to spend the money and I think I have a fair shot that they will offer me a deal. I don't think it's likely that I'll get the whole thing kicked which is definitely too bad.

Just super bummed.  Makes me feel like not even driving the Vette :-(

Yeah, I do know the feeling.  A few Christmas's back I got locked into some dumb traffic on SR51 and nicely negotiated my way through it, I had no idea that a motorcycle officer was behind me watching.  Once I had cleared all the traffic (which was going less than the speed limit btw) I needed to get back across 4 lanes of freeway to make my exit.  I nailed it to clear everyone and out came the blue and red lights.  I figured he had me at about upper 70's but in reality he gunned and paced me at 96.  I almost wet my pants, luckily after I explained and mainly because he saw the stupid traffic cluster I was caught in and that I was just on my way to my company Christmas party he very nicely let me off with a warning.

These cars get moving quickly, its just hard to not take advantage of it at times.  We've all been there one time or the other, chin up! :thumbs 

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Judge you ???

 I slowed down to 90 once. It was scary a going that slow !!!!

and yes. You got nailed "because" you were in the vette. 

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I really don't think I'm crazy, but 90 doesn't feel that fast to me at all!  The cop actually said "I don't even like to go that fast" and I'm thinking "yeah right!"  He can get away with it, you betcha he drives fast and loves it!

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During the holidays many agencies have grant money for extra (overtime) patrols.  While there may not be quotas, the officers have to do produce something for the extra hours.

To your credit you haven't bitched about the officer.

Show up early for court and ask they drop the speed to 80 and take a civil ticket.

 

Reality is they can't have trials for every criminal speed citation so they have to plead some/all down

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2 hours ago, VetVixn said:

  Really don't want to spend the money and I think I have a fair shot that they will offer me a deal. I don't think it's likely that I'll get the whole thing kicked which is definitely too bad.

 

Hiya and welcome to ACE. Not judging you at all, most have hit that and more, and most have been "luckier" than you. Anyway you say you "think" you have a fair shot, what makes you think that when you had those same feelings as the Officer was writing you a ticket? Just wondering.

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10 minutes ago, az57chevy said:

During the holidays many agencies have grant money for extra (overtime) patrols.  While there may not be quotas, the officers have to do produce something for the extra hours.

To your credit you haven't bitched about the officer.

Show up early for court and ask they drop the speed to 80 and take a civil ticket.

 

Reality is they can't have trials for every criminal speed citation so they have to plead some/all down

^^^ solid advice I'd say ^^^^

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Some cops are just dicks...especially in DPS. I know a few. The one who busted me a few years ago was very cold.

City and sheriff usually are nicer.

He could have just caught his wife cheating, who knows.

Good luck getting it to civil.

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I use the WAZE App on my phone. Not 100% but in the Phoenix Metro it seems to be somewhat accurate. It also helps you out when it comes to traffic slow down.

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2 hours ago, az57chevy said:

During the holidays many agencies have grant money for extra (overtime) patrols.  While there may not be quotas, the officers have to do produce something for the extra hours.

To your credit you haven't bitched about the officer.

Show up early for court and ask they drop the speed to 80 and take a civil ticket.

 

Reality is they can't have trials for every criminal speed citation so they have to plead some/all down

Hopefully I have the option!

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2 hours ago, P51tj said:

Hiya and welcome to ACE. Not judging you at all, most have hit that and more, and most have been "luckier" than you. Anyway you say you "think" you have a fair shot, what makes you think that when you had those same feelings as the Officer was writing you a ticket? Just wondering.

I'm basing it on the research I've done.  I found quite a few posts on other forums from people in the same predicament and when they showed up, there was a plea agreement all typed and ready.  I have NO points on my record, haven't had an excessive amount of tickets (usually 1 every 2-3 years and I do the traffic school).  I have no criminal record, etc.  Not sure why they would go after me when it would be almost a given that I'd take a plea deal if it knocks it down to civil.

I realize there are no guarantees of anything...

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1 hour ago, Bigfoot said:

Some cops are just dicks...especially in DPS. I know a few. The one who busted me a few years ago was very cold.

City and sheriff usually are nicer.

He could have just caught his wife cheating, who knows.

Good luck getting it to civil.

Yeah at the end of the day he's doing his job and I get that.  I could have been more generous/lenient in light of the holiday but obviously he wasn't in a generous mood aside from not hauling me to jail.

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Bromley's Corvettes

I got a criminal speeding ticket years ago and went to court. They made a deal with me if I paid $480.00 they would drop it to civil and no points on record. I took the deal and paid the $480.00 and they still kept it as a criminal speed and 3 points lol. My insurance was much higher for 3 years. I have a really hard time trusting cops and courts now for some reason. Also had a ticket for turning left on a green light when I was supposed to wait for a arrow. I went to court on that was told I could get a copy of the dash cam video so I could see what I did wrong and went around and around from court to court for months and wasted all kinds of time and money. I learned now I way more carefull how I drive and ride not been pulled over in a few years. 

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