10-23-2009, 12:32 PM
(This post was last modified: 10-23-2009, 09:23 PM by Basket Weaver.)
I got a ticket for going 68 MPH in a 45 MPH in June. I had no idea that I was in a 45 MPH construction zone and the deputy clocked me coming from the opposite direction. During the stop I asked him where the zone began and he stated it was back several miles... the only problem was that it was not posted. I went back and took progressive pictures to prove my point...it was a good thing too because by the time the court date rolled around, the construction had been completed.
My first day in court was a month ago where I pleaded Not Guilty and asked for a trial. I went yesterday, armed with my questions for the deputy and waited patiently in the crowded courtroom (albeit with a lump in my throat) for the judge to call my name on the docket. He finally called me and asked if I wished to change my plea, I said no, he asked if I still wanted to proceed with going to trial and I said yes. He asked me to have a seat again and that during the recess I could speak to the prosecutor if I wished, I stated that I did. The deputy had not shown up at this point so I was feeling pretty good about my case being thrown out. Right when the court goes into recess guess who shows up...yep, the deputy. The prosecutor comes over and introduces himself then takes me and the deputy into a very small room, closes the door and turns to ask me why he should not prosecute me.
I shook the deputy's hand and thanked him for the job he was doing. I explained to the prosecutor that I felt the road was not properly marked. He asked the deputy where he stopped me, how fast, what lane etc. I broke out my pictures showing the construction zone start and how the speed wasn't posted for at least a mile later. The deputy admitted that he stopped me prior to the posted speed. The prosecutor asked what he thought he should do and the deputy stated that I was polite and should be given the benefit of the doubt. The prosecutor asked about my driving record; I haven't had a ticket in 20 years. He stated this was a waste of time and he would throw it all out; the only stipulation being that I should not get another ticket within six months. I think I'll hang on to my documentation just the same as there is no grounds for this ticket regardless of what the future holds.
Just for everyone's information, I did a lot of research prior to deciding to defend myself. There are only two points to sucessfully fight a speeding ticket: having a faulty odometer or improperly marked roads (called signage)...thus the reason I decided to fight it on my own. The process is very intimidating but I feel it was worth the effort. I saw a lot of wheeling and dealing between the defense and the prosecutor; one 19 y/o girl got a DWI reduced to reckless driving and paid a $400 fine. Justice is NOT blind, its for sale.
Score one for the little guys.
My first day in court was a month ago where I pleaded Not Guilty and asked for a trial. I went yesterday, armed with my questions for the deputy and waited patiently in the crowded courtroom (albeit with a lump in my throat) for the judge to call my name on the docket. He finally called me and asked if I wished to change my plea, I said no, he asked if I still wanted to proceed with going to trial and I said yes. He asked me to have a seat again and that during the recess I could speak to the prosecutor if I wished, I stated that I did. The deputy had not shown up at this point so I was feeling pretty good about my case being thrown out. Right when the court goes into recess guess who shows up...yep, the deputy. The prosecutor comes over and introduces himself then takes me and the deputy into a very small room, closes the door and turns to ask me why he should not prosecute me.
I shook the deputy's hand and thanked him for the job he was doing. I explained to the prosecutor that I felt the road was not properly marked. He asked the deputy where he stopped me, how fast, what lane etc. I broke out my pictures showing the construction zone start and how the speed wasn't posted for at least a mile later. The deputy admitted that he stopped me prior to the posted speed. The prosecutor asked what he thought he should do and the deputy stated that I was polite and should be given the benefit of the doubt. The prosecutor asked about my driving record; I haven't had a ticket in 20 years. He stated this was a waste of time and he would throw it all out; the only stipulation being that I should not get another ticket within six months. I think I'll hang on to my documentation just the same as there is no grounds for this ticket regardless of what the future holds.
Just for everyone's information, I did a lot of research prior to deciding to defend myself. There are only two points to sucessfully fight a speeding ticket: having a faulty odometer or improperly marked roads (called signage)...thus the reason I decided to fight it on my own. The process is very intimidating but I feel it was worth the effort. I saw a lot of wheeling and dealing between the defense and the prosecutor; one 19 y/o girl got a DWI reduced to reckless driving and paid a $400 fine. Justice is NOT blind, its for sale.
Score one for the little guys.
[SIZE="2"]Associates Degree, Aviation Maintenance Technology, Community College of the Air Force[/SIZE]
[SIZE="2"]Bachelors of Science, Liberal Studies Degree, Excelsior [/SIZE]
[SIZE="2"]MBA Human Resource Management, California Coast University[/SIZE]
[SIZE="2"]Bachelors of Science, Liberal Studies Degree, Excelsior [/SIZE]
[SIZE="2"]MBA Human Resource Management, California Coast University[/SIZE]
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