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      06-01-2010, 08:01 AM   #1
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Busted doing 101 in a 55.....Who's got an attorney?

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After almost 30 years of driving cars ranging from quick to flat out fast, I finally got caught during a WOT burst. I have several rules about going very fast, two of which I broke on Saturday night.

#1 Don't do this within sight of other cars that you cannot identify.
#2 Don't do this at night when you cannot see every possible car.

The setting:

I was merging onto a road near my home in a spot that had always proved safe for a quick blast through 2nd and 3rd gears as it's a one lane divided road. With the car in 2nd gear I entered the on ramp and looked ahead to confirm an open road and no cars approaching from the opposite direction (even thought highway is divided by a wide median). I then look to the left to see if cars are approaching in my direction and this is where my judgment failed me. There were 3 or 4 cars coming up 2-3 seconds behind my merging pace, so I hammered it in 2nd and ran out 3rd gear before jumping hard on the brakes to bring it down to near the 55 limit (one of my other rules). Upon questioning the Trooper later, it appears he was the second car in that line.

Here's our exchange:

Trooper: "Do you know why I pulled you over?"
Me: "I was driving way too fast?"
Trooper: Do you know how fast you were going?
Me: "No sir, I was watching the road."
Trooper: "I got you at 101."
Me: "Ugh"
Trooper: "Why were you going that fast?"
Me: "Well, I had just put a smaller pulley on my supercharger and wanted to see how much boost I was getting." He didn't ask, but I saw almost 8 psi and 40-100 happened very quickly!
Trooper: Well, this isn't the road to do that on. Lots of deer get hit here and if you hit one at that speed.......

He returned to his cruiser and came back 5 minutes later with my ticket for $530 and 5 points. He said couldn't give a "break" at the those speeds, although I could tell the he probably would have if it were up to him. I offered that I had not been involved in an at fault accident in over 28 years and didn't make a habit of doing this type of thing. He politely suggested that I go to court and try my l luck with the judge. He was quite young much more understanding about the whoe thing than I would hav ever expected and I suspect a fellow fast car enthusiast. Nonetheless, I'm in a bit of a pickle.

I have 3 options:

#1 Pay the fine and eat the points. I current have a 2 point ticket on my record. 7 total would not be good.
#2 Request a waiver hearing - guilty with an explanation
#3 Trial

I know I'm not the first to get caught. I'd love to know what others did. Suggestions and flames both welcome here, guys.
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      06-01-2010, 08:09 AM   #2
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"Me: "I was driving way too fast?""

Thats where the issue lies, thats a slight admission of guilt. When you go to court he will discuss your exchange and that will be one of the things that get brought up.
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      06-01-2010, 08:30 AM   #3
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I have a good attorney that has gotten me out of a lot of trouble
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      06-01-2010, 08:40 AM   #4
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In 2006, i was given my worst ticket ever "Racing on Highway" - a nice 5 pointer. Aside from crying my eyes out and begging for mercy to not be arrested.... i got an attorney ($1300 later...) who dropped it to 2 points...

Not sure what the procedures are in your state, but in Jersey you get 2 "get out of jail free cards"... 0 point moving violations.. after that its up to the prosecutor what to nail you with. Obviously with 30 years of driving under your belt and a clean record, Im sure they will drop it down to no points with just a nasty fine.

5 point "street racing" ticket - $1300 for attorney, $485 in court fees, a years worth of kissing my parents ass for forgiveness
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      06-01-2010, 08:42 AM   #5
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Damn Clem , sorry to hear about your ticket. I would get a good lawyer and go to court. Hope the rookie trooper doesn't show up for court.
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      06-01-2010, 08:43 AM   #6
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Sorry dude that sucks. Not that the situation in court isnt going to be a pain in the ass, but I really think you got off pretty lucky already. I'm not sure about MD but I got pulled over in VA doing 126 in a 55 and was taken away on the spot and told in VA every mph over 90 is a day in jail. I served a day and had 10 days community service which was later dropped, but my fines were close to $1500 too.

I have a few lawyers that specialize in driving infractions if you are interested, but it would be hard for a judge to show leniency on that speed. Best defense IMO would be if you reached the speed quickly and immediately dropped back to 55mph, your lawyer could claim the radar is inaccurate if it was not able to clock your speed at 101 for a period of greater than a couple of seconds. Question calibration etc.

Wish you luck tho!
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      06-01-2010, 09:19 AM   #7
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Can you ask for probation in Maryland?
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      06-01-2010, 09:30 AM   #8
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option #1 is the worst option, you definitely need to fight it. find a good lawyer and you should be able to get it reduced somehow.

was this on Rt 32? do you have a radar detector (if not, go buy one)?
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      06-01-2010, 09:42 AM   #9
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Quote:
Originally Posted by sn0wwhite335 View Post
in Jersey you get 2 "get out of jail free cards"
Not a chance in DC/MD/VA. Noooooooot a chance.

#2, I think with your driving record, you'll be okay and given a green light slap on the wrist. Best of luck! Must be hard with that car to stop at 100. hahahaha
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      06-01-2010, 09:45 AM   #10
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At that speed you certainly need an attorney. You didn't mention what your current two points are for but if they are for speeding, then the judge isn't going to look favorably upon you.

Equally, trying to contest the accuracy of the radar is futile. You admitted to speeding and it really is immaterial if you were going 95 or 101.

That said, it almost always pays to contest a ticket - the increaed insurance costs over the next few years make it imperative that you try to get those points down. Depending on your insurance company they may actually refuse to insure you in the future.
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      06-01-2010, 09:46 AM   #11
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I know our countries have different laws/rules when it comes to (traffic) court, but isn't the process somewhat the same..?

You go to an initial hearing date (on the ticket) to enter your plea or pay the fine (the later of which can be done anytime).

If you plead innocent, a trial date gets set and the officer is notified to attend (which can sometimes not happen, in which case you're Scott-free).

BUT, you can also retain a lawyer to appear on the initial ticket-date. During which, they'll gab to the prosecutor about whatever and basically cut your ticket in half or better.

That being said, I've gone to the prosecutor myself and pled my story to him. Got my ticket almost reduced by 1/2, both fine & points. ($365/6 points to $245/4 points)

BTW, it was 60km-over in a 100-zone (or 100mph in a 60mph-zone)... And I saved myself around $1000 in lawyer fees...

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      06-01-2010, 09:55 AM   #12
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Quote:
Originally Posted by huyner328 View Post
Not a chance in DC/MD/VA. Noooooooot a chance.

#2, I think with your driving record, you'll be okay and given a green light slap on the wrist. Best of luck! Must be hard with that car to stop at 100. hahahaha
The problem is that his driving record isn't pristine. He already has two points.

While Maryland does have a "peanut butter & jelly" allowance (Probation Before Judgement - PBJ) it is usually granted only for relatively minor speed infractions (69/64 in a 55 for example - don't ask me how I know.) The PBJ usually requires payment of the fine, but the assessment of points is suspended if you keep your nose clean. In theory, it is removed from your record after a year or so.

It is unlikely that the OP could get PBJ - he already has 2 points and made some pretty damning statements to the cop - primarily that he was testing out new "speed equipment" on his car. This will lead the court to assume that the OP is a habitual speeder/lawbreaker who just keeps getting lucky in avoiding tickets.
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      06-01-2010, 10:03 AM   #13
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Quote:
Originally Posted by J0HN_R1 View Post
I know our countries have different laws/rules when it comes to (traffic) court, but isn't the process somewhat the same..?

You go to an initial hearing date (on the ticket) to enter your plea or pay the fine (the later of which can be done anytime).

If you plead innocent, a trial date gets set and the officer is notified to attend (which can sometimes not happen, in which case you're Scott-free).

BUT, you can also retain a lawyer to appear on the initial ticket-date. During which, they'll gab to the prosecutor about whatever and basically cut your ticket in half or better.

That being said, I've gone to the prosecutor myself and pled my story to him. Got my ticket almost reduced by 1/2, both fine & points. ($365/6 points to $245/4 points)

BTW, it was 60km-over in a 100-zone (or 100mph in a 60mph-zone)... And I saved myself around $1000 in lawyer fees...

There are similarities - but also differences. In most states, the laws have been changed so that the non-appearance by the cop does not mean an automatic dismissal. The different jurisdictions have different rules about what a prosecutor can do.

Remember that the current financial state of most jurisdictions virtually assures that you will pay the entire fine plus costs - the only thing you can really try to reduce is the number of points.

Finally, we must remember that what worked for one person may not work for another. There are so many variables that nobody can apply hard and fast rules.

If I were faced with a 101 in a 55 (virtually automatic jail in VA) then I wouldn't even consider going in without a lawyer.
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      06-01-2010, 10:08 AM   #14
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Ouch...guess I shouldn't have encouraged you to get that new pulley! Sorry to hear about your luck. From past experience going to court can only help your case. I'm not sure how the state of maryland works but, if you only had one ticket still on your record in the past 28 years you've probably built up enough "attaboy" points to be able to prove that you don't have a track record of "reckless driving". I know in VA for every year without a moving violation you get +1 positive points (+5 max positive points). So even with your 2 point ticket (-2) if you had +5 positive points you're still at +3 which is still very impressive.

As far as going to court and speaking with the judge, unless you have a lawyer, I wouldn't advise using the "was your radar correctly calibrated" argument as the judge will probably laugh and say "Sir, do you think the radar gun was really off by 46mph?" You might be able to get away with that when you have a ticket thats right on the border of reckless driving (20+ mph over the speedlimit) and you were doing 21 or 22 over. I'm actually surprised that he gave you the prepayment option at that speed as its usually mandatory court appearance for reckless driving. At any rate - I hope that you get some sort of break.

Cheers - Ryan
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      06-01-2010, 10:54 AM   #15
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Just to share my experience on your option # 2
I had gotten tagged for 95mph in a 45 (backroads towards sykesville/clarksville area) some years back and the Officer wrote me a ticket for $525 and 5 pts. This was my first ticket ever and I plead guilty with explanation. The judge lowered the fine to $325 and 2 pts.
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      06-01-2010, 11:13 AM   #16
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My suggestion, don't do number 2. I just went through this (43 in a 25) last month. With #2 you are excusing the police officer and pleading guilty with explanation.

I chose #2. The judge heard all the #3's first then moved on to #2's. I had to sit there an literally watch about 10 people have their charges dropped because 3 police officers did not make it to court. If you pick number 3, you can also plead guilty with explanation, but you get a chance that the officer does not make it for some reason.

You will have the officer give a description of what he saw in the plantiff's side of the court room, with you standing at the defendants table. The judge will probably ask him if you were cooperative. Then you will want to plead guilty with explanation, and ask for probabtion before judgement based on your prior driving record. You will probably also want to tell the judge it was a stupid thing to do and it won't happen again.

At that speed, and if your current points are for speeding, you probably won't get probation, but he may also consider knocking down the conviction to a lesser speed and fine amount.

Order a copy of your complete "certified true" driving record from the MVA site today. That way you will at least be able to see what the judge can pull up on you while you are in court. It is good info to have.

I had not been convicted of speeding in about 18 years, but none of the speeding convictions showed on my record which had administrative entries going back as far as 1989.

You will stand out like a sore thumb with a lawyer. There was only one guy there with a lawyer out of about 100 cases when I went. I still think it's a good option to consider, but there is not much to the trial, but to say your name, guilty with explanation, ask for probation, and describe your driving record.

I've had probabtion about 4 times in the last 15 years. The judges I have run across have all been looking for a minimum of 3 years since your last speeding violation before granting probation.

Good luck and best wishes.
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      06-01-2010, 11:21 AM   #17
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hope everything works out
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      06-01-2010, 12:52 PM   #18
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Damn Adam....on ramp to 32 from 108?

I wonder how he clocked you if he was moving and there was a car between you too?
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      06-01-2010, 01:02 PM   #19
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Quote:
Originally Posted by Highflyr View Post
Damn Adam....on ramp to 32 from 108?

I wonder how he clocked you if he was moving and there was a car between you too?
exactly what I was wondering...
I'm no radar expert, but I would try to argue the radar messed up because of the intermittent vehicle, switching back and forth or something, causing erratic speed readings...
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      06-01-2010, 01:30 PM   #20
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Quote:
Originally Posted by sn0wwhite335 View Post
In 2006, i was given my worst ticket ever "Racing on Highway" - a nice 5 pointer. Aside from crying my eyes out and begging for mercy to not be arrested.... i got an attorney ($1300 later...) who dropped it to 2 points...

Not sure what the procedures are in your state, but in Jersey you get 2 "get out of jail free cards"... 0 point moving violations.. after that its up to the prosecutor what to nail you with. Obviously with 30 years of driving under your belt and a clean record, Im sure they will drop it down to no points with just a nasty fine.

5 point "street racing" ticket - $1300 for attorney, $485 in court fees, a years worth of kissing my parents ass for forgiveness

ouch!!!! i got something a lil worse. I got caught racing on the highway coming from Long island at 120mph.... cop called in for back after i was pulled over and state trooper in a camaro showed up along with 2 other cars. Cop said take keys out of ignition put them on top of roof. Then i got hit with 19 points 3,000 in fines car was towed in and almost arrested!!! lets just say after many court days of being rescheduled i got everything dismissed about 2 years later...
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      06-01-2010, 02:25 PM   #21
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Quote:
Originally Posted by blacknight335 View Post
ouch!!!! i got something a lil worse. I got caught racing on the highway coming from Long island at 120mph.... cop called in for back after i was pulled over and state trooper in a camaro showed up along with 2 other cars. Cop said take keys out of ignition put them on top of roof. Then i got hit with 19 points 3,000 in fines car was towed in and almost arrested!!! lets just say after many court days of being rescheduled i got everything dismissed about 2 years later...
Are you the Guyanese Niel?

But wow, u got off. that's a relief.

Last edited by Raja Ventureshield; 06-01-2010 at 02:30 PM..
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      06-01-2010, 02:30 PM   #22
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Quote:
Originally Posted by Clem View Post
--------------------------------------------------------------------------------

After almost 30 years of driving cars ranging from quick to flat out fast, I finally got caught during a WOT burst. I have several rules about going very fast, two of which I broke on Saturday night.

#1 Don't do this within sight of other cars that you cannot identify.
#2 Don't do this at night when you cannot see every possible car.

The setting:

I was merging onto a road near my home in a spot that had always proved safe for a quick blast through 2nd and 3rd gears as it's a one lane divided road. With the car in 2nd gear I entered the on ramp and looked ahead to confirm an open road and no cars approaching from the opposite direction (even thought highway is divided by a wide median). I then look to the left to see if cars are approaching in my direction and this is where my judgment failed me. There were 3 or 4 cars coming up 2-3 seconds behind my merging pace, so I hammered it in 2nd and ran out 3rd gear before jumping hard on the brakes to bring it down to near the 55 limit (one of my other rules). Upon questioning the Trooper later, it appears he was the second car in that line.

Here's our exchange:

Trooper: "Do you know why I pulled you over?"
Me: "I was driving way too fast?"
Trooper: Do you know how fast you were going?
Me: "No sir, I was watching the road."
Trooper: "I got you at 101."
Me: "Ugh"
Trooper: "Why were you going that fast?"
Me: "Well, I had just put a smaller pulley on my supercharger and wanted to see how much boost I was getting." He didn't ask, but I saw almost 8 psi and 40-100 happened very quickly!
Trooper: Well, this isn't the road to do that on. Lots of deer get hit here and if you hit one at that speed.......

He returned to his cruiser and came back 5 minutes later with my ticket for $530 and 5 points. He said couldn't give a "break" at the those speeds, although I could tell the he probably would have if it were up to him. I offered that I had not been involved in an at fault accident in over 28 years and didn't make a habit of doing this type of thing. He politely suggested that I go to court and try my l luck with the judge. He was quite young much more understanding about the whoe thing than I would hav ever expected and I suspect a fellow fast car enthusiast. Nonetheless, I'm in a bit of a pickle.

I have 3 options:

#1 Pay the fine and eat the points. I current have a 2 point ticket on my record. 7 total would not be good.
#2 Request a waiver hearing - guilty with an explanation
#3 Trial

I know I'm not the first to get caught. I'd love to know what others did. Suggestions and flames both welcome here, guys.
One reason why i sold my 911. I couldn't drive slow.
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