Article View: nj.misc
Article #43Re: Traffic court: anyone been there?
From: 22501-sohl
Date: Fri, 09 Oct 1992 15:52
Date: Fri, 09 Oct 1992 15:52
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3856 bytes
In article <Oct.8.15.46.48.1992.16463@tastesgreat.rutgers.edu> boubez@tastesgreat.rutgers.edu (Toufic Boubez) writes: >Hi. I've been issued a speeding ticket on the NJ Turnpike. The ticket says >that I was "paced" at 73mph, which is preposterous, becuase I saw the >unmarked car at the side of the road, saw it pull out into traffic, and >there was _NO_ way I was going that fast, since I monitored my speed all >the while he was behind me in traffic. Whether he clocked me before with a >radar gun or not is not the issue. The ticket says "paced at 73mph", and >it's complete baloney (I wasn't going 55, for sure, but with the flow of >traffic, maybe around 60-65, like everybody else). Anyway, I'm going to go >to court. The only thing I have going is that I had my wife in the car with >me. We both noticed the police car on the side of the road as it was >pulling out. Now to my question(s): Has anybody been in traffic court to >fight a ticket? What are my chances, What's a good tactic, Is there any >required reading before I go plead my case? Any info would be greatly >appreciated. Thanks. First, I'd send a letter to the court and request "discovery" for your ticket. You should then get a copy of the information the cop wrote regarding the details of the citation/ticket. His notes are usually written on the back of the ticket which you don't get (unless you file for discovery). With that information you should then have a better means to determine how (how far) he "paced" you. In any case, I would fight it, odds are (as another poster suggests) you can certainly get the speed reduced to 69mph which is a 2 point as opposed to a 4 point violation. Pacing is certainly far less accurate than radar and, if your assessment is correct that the cop pulled out and never actually ran with you (paced you) then that should add some degree of reasonable doubt as to the 73 mph speed. Remember, you do NOT have to testify yourself. Use the opportunity to cross examine the cop as the means to ferrit out the details of where he was parked, etc. (especially with any info that discovery may provide you). Also, have your wife testify as to the cops movements, etc. Remember, once you take the stand, the prosecutor can ask you "how fast where you going?" Your wife, since she wasn't driving can simply say she knows you were driving with the flow of traffic, the exact speed of which she doesn't know. Anyway, take your best shot at it, you have nothing to lose (except for a few bucks court costs) and everything to gain...not guilty or at least a reduced speed charge. Bill Sohl, member national and NJ National Motorists Association The above is what I would do and should not be considered legal opinion and/or advice. Standard Disclaimer- Any opinions, etc. are mine and NOT my employer's. ------------------------------------------------------------------------- Note - If email replying to me with an automatic addressing process bounces, manually address the resend using one of the addresses below. ------------------------------------------------------------------------- Bill Sohl (K2UNK) BELLCORE (Bell Communications Research, Inc.) Morristown, NJ email via UUCP bcr!dancer!whs70 201-829-2879 Weekdays email via Internet whs70@dancer.cc.bellcore.com
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Path: arc1-ca.pugleaf.net!sparky!uunet!decwrl!wupost!udel!gvls1!rutgers!bellcore!walter!porthos!dancer!whs70 From: whs70@dancer.uucp (22501-sohl) Newsgroups: nj.misc Subject: Re: Traffic court: anyone been there? Message-ID: <1992Oct9.155206.12197@porthos.cc.bellcore.com> Date: 9 Oct 92 15:52:06 GMT References: <Oct.8.15.46.48.1992.16463@tastesgreat.rutgers.edu> Sender: netnews@porthos.cc.bellcore.com (USENET System Software) Distribution: nj Organization: Bellcore, Livingston, NJ Lines: 56