Got pulled over in MD - LIDAR not specified on ticket - worth fighting? - BMW 3-Series (E90 E92) Forum

bimmertt · 09-07-2012, 05:04 PM

So I got pulled over today for going 59 in a 40. I really think that is exaggerated because as soon as I saw the cop (who was pulling out of a gas station) I looked down and I was going 50mph.

I was planning on just paying this sucker because I don't want to make a bad situation worse but then I read the ticket. On my prior tickets they specified how they clocked my speed. There is a section that says "RADER/LASER/VASCAR OPERATOR" which is blank. The "AGENCY", "SUBAGENCY", and "ID NO." are supposed to be filled out but they aren't. I asked the cop what he used and he said LIDAR. When I told him I didn't think I was going that fast he responded with "I know you were going that fast, LIDAR is extremely accurate."

Does anyone have a recent speeding ticket in hand by any chance? And if so, can you verify that this section is supposed to have any information? Do you all think this is worth fighting? Thanks.

egregor · 09-08-2012, 01:37 PM

I'm not sure if specifying the method on the ticket makes a difference or not.. but I wouldn't think so because in court the cop and just testify that he was in fact using LIDAR regardless of what's written.

But assuming you have a couple hours to burn in court, I would go regardless. The burden is on them to prove that you were speeding and there's nothing wrong with asking them to do so. In the process, you get off 100% if the cop doesn't show (happened to me, and many people I know), and if he/she does, just plead guilty. They can't increase the penalty, only decrease it, and chances are they'll remove the points, sometimes in exchange for taking a class. In other words, you have nothing to lose.

Good luck.

spicytofu · 09-08-2012, 06:40 PM

Doesnt the operation of a LIDAR require a lot of checks before being able to start using it? You can question if the cop did all those to ensure an accurate reading.

Spydeputy · 09-08-2012, 06:54 PM

If you challenge too much you piss off the judge. and radar is accurate at 1% at 100. so don't go there. just advise you were not aware of your speed but are now keeping up w/ it all the time as you drive.

they run a self test as they power up the system. then it runs the same throughout the day. some run it after each stop too, but not required.
GL

Pete Schweaty · 09-09-2012, 06:57 AM

You will also be responsible for court costs. Dont know how much the ticket is, but court costs are $38.

D_Smiderreen · 09-09-2012, 06:59 AM

Quote:

Originally Posted by bimmertt

So I got pulled over today for going 59 in a 40. I really think that is exaggerated because as soon as I saw the cop (who was pulling out of a gas station) I looked down and I was going 50mph.

I was planning on just paying this sucker because I don't want to make a bad situation worse but then I read the ticket. On my prior tickets they specified how they clocked my speed. There is a section that says "RADER/LASER/VASCAR OPERATOR" which is blank. The "AGENCY", "SUBAGENCY", and "ID NO." are supposed to be filled out but they aren't. I asked the cop what he used and he said LIDAR. When I told him I didn't think I was going that fast he responded with "I know you were going that fast, LIDAR is extremely accurate."

Does anyone have a recent speeding ticket in hand by any chance? And if so, can you verify that this section is supposed to have any information? Do you all think this is worth fighting? Thanks.

OP. You have the right to ask the officer to show you the measured speed.

He will one of two things:

1) He will happily oblige and show you the measured speed and issue you a ticket.

OR

2) He will take your credentials (run your license and tags) and give you a warning, without showing you the measured speed because he's caught in a lie.

Spydeputy · 09-09-2012, 10:33 AM

most police radar operators don't capture the speed, just make a visual w/ their eyes, and are not required to save it for that very reason.

just b/c your info is run thru MILES doesn't mean you get a warning. the 2 are not related in any way.

go to court and plead guilty w/ an explanation, and pray you have no current points

again, GL

Quote:

Originally Posted by D_Smiderreen

OP. You have the right to ask the officer to show you the measured speed.

He will one of two things:

1) He will happily oblige and show you the measured speed and issue you a ticket.

OR

2) He will take your credentials (run your license and tags) and give you a warning, without showing you the measured speed because he's caught in a lie.

FormerRotor · 09-15-2012, 08:41 PM

Quote:

Originally Posted by Spydeputy

most police radar operators don't capture the speed, just make a visual w/ their eyes, and are not required to save it for that very reason.

just b/c your info is run thru MILES doesn't mean you get a warning. the 2 are not related in any way.

go to court and plead guilty w/ an explanation, and pray you have no current points

again, GL

Or plea not guilty if the officer isn't present. Where in MD were you? moCo? Was th officer county, trooper, or sheriff?

Goofyguy · 09-15-2012, 08:52 PM

First dont call out a cop, most of the time it will not work for you. Most of my family is in LEO and knowing what they have to put up with they can make life harder for you. Best advice is go to court, plea no contest, get the points removed pay the fine.

There are many who will say fight it and plea not guilty and make them prove it, this is not a bag of worms you want to open up. As they start proving the speed the more you will pay. Pay the fine, plea out and ask for no points.

09-07-2012, 05:04 PM	#1
bimmertt Lieutenant Colonel Drives: 2007 e92 335i Join Date: Nov 2008 Location: MD Posts: 1,577 iTrader: (5)	Got pulled over in MD - LIDAR not specified on ticket - worth fighting? So I got pulled over today for going 59 in a 40. I really think that is exaggerated because as soon as I saw the cop (who was pulling out of a gas station) I looked down and I was going 50mph. I was planning on just paying this sucker because I don't want to make a bad situation worse but then I read the ticket. On my prior tickets they specified how they clocked my speed. There is a section that says "RADER/LASER/VASCAR OPERATOR" which is blank. The "AGENCY", "SUBAGENCY", and "ID NO." are supposed to be filled out but they aren't. I asked the cop what he used and he said LIDAR. When I told him I didn't think I was going that fast he responded with "I know you were going that fast, LIDAR is extremely accurate." Does anyone have a recent speeding ticket in hand by any chance? And if so, can you verify that this section is supposed to have any information? Do you all think this is worth fighting? Thanks. Last edited by bimmertt; 09-07-2012 at 08:06 PM.
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09-08-2012, 01:37 PM	#2
egregor Private Drives: 2007 335i sedan Join Date: May 2012 Location: United States Posts: 58 iTrader: (0)	I'm not sure if specifying the method on the ticket makes a difference or not.. but I wouldn't think so because in court the cop and just testify that he was in fact using LIDAR regardless of what's written. But assuming you have a couple hours to burn in court, I would go regardless. The burden is on them to prove that you were speeding and there's nothing wrong with asking them to do so. In the process, you get off 100% if the cop doesn't show (happened to me, and many people I know), and if he/she does, just plead guilty. They can't increase the penalty, only decrease it, and chances are they'll remove the points, sometimes in exchange for taking a class. In other words, you have nothing to lose. Good luck.

09-08-2012, 06:40 PM	#3
spicytofu Fungineer Drives: '11 E92 Join Date: May 2012 Location: DC/MD/S.FL Posts: 150 iTrader: (1)	Doesnt the operation of a LIDAR require a lot of checks before being able to start using it? You can question if the cop did all those to ensure an accurate reading.

09-08-2012, 06:54 PM	#4
Spydeputy Brigadier General Drives: 2012,E92,335is/2008,E90,335xi Join Date: Aug 2008 Location: Harford County, Maryland Posts: 3,161 iTrader: (17) Garage List 2008 335xi [0.00] 2012 335is [1.00]	If you challenge too much you piss off the judge. and radar is accurate at 1% at 100. so don't go there. just advise you were not aware of your speed but are now keeping up w/ it all the time as you drive. they run a self test as they power up the system. then it runs the same throughout the day. some run it after each stop too, but not required. GL

09-09-2012, 06:57 AM	#5
Pete Schweaty Lieutenant Drives: 2007 335i E90 Join Date: Jun 2011 Location: MD Posts: 553 iTrader: (0)	You will also be responsible for court costs. Dont know how much the ticket is, but court costs are $38.

09-15-2012, 08:52 PM	#9
Goofyguy GoofBall Drives: 2013 Escape Ecoboost 4x4 Join Date: Jun 2012 Location: Tampa, FL Posts: 596 iTrader: (1)	First dont call out a cop, most of the time it will not work for you. Most of my family is in LEO and knowing what they have to put up with they can make life harder for you. Best advice is go to court, plea no contest, get the points removed pay the fine. There are many who will say fight it and plea not guilty and make them prove it, this is not a bag of worms you want to open up. As they start proving the speed the more you will pay. Pay the fine, plea out and ask for no points.