Last month I was taking my daughter up to college to get some of her stuff. We were traveling on a major interstate @ 78 mph, right along with a pack of other travelers. I was in the left land, slightly behind the van to my right. I was pulled over for speeding in a construction zone.
I saw nothing to indicate that this section was a construction zone.
There were no people working on the roads.
There were construction barrells, but then there there have been construction barrells since Reconstruction started back in the 1860’s.
I was not offered to see the results of the radar.
On the way back from our errand, my daughter and I both looked for construction signs and such. We saw plenty on our side, but not on the side I got the ticket. So now I have to go to court. What are the chances I can get out of this? I haven’t had any type of driving violations in over 15 years.
There were construction barrels. You admit as much. That fact alone will sink you on the construction zone point.
Going 78 in a (i assume) 55 zone is 23 over. No matter who else was doing it, that’ll net you a decent fine. Here in Illinois, once you cross the 20 over mark, the fine almost doubles.
I’m not sure how georgia works regarding the radar, but even if you see the results of the radar, how can you be sure it was you?
If you want to beat the thing, try the following arguments…(it will require some local legal assistance)
Request harmonic and or calibration records for the radar unit in question.
Request the operators’ knowledge and or cerfitication for THAT particular radar unit. (this is a big one, they need to know how the pattern spreads, and the distance the unit is accurate to etc.) Be sure and brush up on the state law regarding that stuff.
Request the operators’ work schedule for the week of your ticket (this may go to fatigue, or unfamiliarity with the local environs etc).
or…
Pay the fine, go to school, and keep the thing off your record.
Check local codes & see what constitutes a construction zone. Go to the site, see if it’s in compliance, go to public records & see if the documents are in order.
My bro be a speeding ticket by going to public records and looking up the traffic survey for that road. The survey lacked the recorders ‘stamp’ and was therefore invalid.
I doubt it. If you get pulled over in a construction zone, they are going to give you a ticket, and you’re going to be hard pressed to get out of it. At least in IL and MO that’s the case. They’ve really started cracking down on people speeding in construction zones because a few years back there were a few workers that got killed by speeding motorists.
Buttonjockey said, “2. Request the operators’ knowledge and or cerfitication for THAT particular radar unit. (this is a big one, they need to know how the pattern spreads, and the distance the unit is accurate to etc.) Be sure and brush up on the state law regarding that stuff.”
My ex-boyfriend tried that. The judge told him the operator/cop only needed to know how to read it.
Just had traffic school the other weekend! It was a surprisingly fun way to spend a Saturday.
I live in Arizona, so don’t know if the following applies:
My instructor informed us that the only speed limit signs that can be enforced (meaning you get a ticket) are the white signs with black lettering. Most construction signs, in my experience, are painted orange. If there was no sign (can you go back to take photos?) or if the sign was something other than the standard white and black speed limit signs we all know and love, you may have a case. Please consult your local vehicle code, etc.
Having photos and other documents will help.
Even if you can’t beat the ticket (I didn’t), if you are prepared and conscientious, the judge may reduce your fines. And give you the option of traffic school to help reduce insurance penalties. Then you’ll get to have some fun arguing with the instructor (he was cool) and the other 80 folks as innocent and unlucky as you!
I really didn’t think I was gonna get out of paying a fine, was just wondering about some of the particulars.
The speed limit along that stretch is 70 mph/75 mph (IIRC), buttonjockey308.
Had I been busted for simply speeding, I would admit that I was wrong. The trooper could offer to show me the radar gun all day long and I would not have a clue as to its’ reliability. There is the urban legend about trees being clocked at 45, ya know. So that part I am really not concerned about. But the thing that bugs me is that there weren’t any “Construction Zone” signs, nor people working. I am always extremely cautious when passing workers in the road. My ex-fiancee’s father was killed that way.
Looks like this calls for a road trip (complete with camera).
Go to court. Call the courthouse a day or two before your trial and say you can’t be there, get a continuance. Do this as often as you can, preferably at the last minute. There’s a good chance the cop won’t show up when you finally do go to trial.
I got an unfair ticket (in my own biased opinion) a few years ago. I stalled long enough, the cop didn’t show up, and the ticket was thrown out. I saved $35 and a point on my record, but had to miss two days of work to do it (one day to enter the plea, another for the trial itself). I hate to think how much the whole episode cost our local court system.
Not surprising, there is a book called “Beat That Ticket” & other books around on that subject at bn.com or amazon.com They are law books & great for info.
Yep, around these parts they have to have a speed zone survey if they use radar, I saw the survey at my library a few days ago. Great reading if you need to sleep.
From experience P. Nym is right. Get the continuances.
Even if the cop does show up the judge is likely to reduce the charges - IF you didn’t say something stupid to the cop like “I was late for work” or “I was just seeing what it can do.”
Be polite and don’t admit to anything.
BTW when I drove a cab some of the drivers would use a lawyer. He would submit the citation requesting a jury trial and a letter. Two to four weeks later he would call up with the deal - no points and fine, or fewer points and fine. Kept me on the road.
Here in PA it seems pretty common for anyone who actually shows up to court to get their ticket pleaded down to a non moving violation. Pay the fine, walk away with no points.
The one time I went to court for speeding the judges assistant came out to the waiting area and asked if anyone wanted to plead guilty to a lesser charge, pay a fine and forget the points. EVERYONE took the deal. (except for me…I knew someone who knew someone and got my ticket dropped)
Maybe call that particular court and ask if thats common practice there.
Keep in mind that if you do want to ask for a continuance, you should submit your request in writing. Keep a copy. At our local court, it had to be at least 24 hours in advance.
I’ve never depended on the whole “if the cop doesn’t show up to court” thing. They are paid to show up, and it is part of their duties.
Also, I always keep a disposal camera in my glovebox, just in case. Helped out tremendously the time my car was broken into, and helped document the signs/paint markings where I was stopped. Just in case you want to be prepared in the future.