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You DO have a fighting chance. See txt... (archive)

[ Follow Ups ] [ 5-series (E34) Message Board ] [ Msg. Board FAQ ]

Posted by joey on September 02, 2001 at 00:56:10:

In Reply to: Gordon, here's the thing... posted by Tim Collins on August 31, 2001 at 10:58:16:

It does not matter if the cop wrote "BMW z3" on the ticket.

It does not matter if he wrote "13:00am."

It does not matter if he wrote "driver was really nice" or "driver was an a-hole."

It is not important if he even forgot to let you sign it (at least in my state).

What DOES matter, if the method he used to gauge your speed.

WHAT does the ticket say? r for radar? v for vascar? d for speed = dist/time?

If he simply "guessed" your speed by using his own speedo, it may not hold up in court.

If you have witnesses to attest that you did not pull a wheel, that will also help.

ALSO:The guy who said that LAWYERS don't help is FULL OF IT! Lawyers are a part of the legal fraternity, and many know all of the judge's views on particular cases, as well as which DA is best to lean on for dismissal. Very seldom will a lawyer be of no help (especially since they know the LAWS in your state).

If you wish to fight it without a lawyer, simply show-up on your court date, and plead NOT GUILTY. Have signed, sworn affadavits from your witnesses, as" well as ant important info which might help, ie- My car could not have pulled a wheel, as I have traction control," etc. Never act like you are willing to plead guilty, even to a reduced speed, etc.

I plead NOT GUILTY to a 97 in a 70, and the judge threw it out. My only defense was that I was trying to overtake an 18-wheeler with a guy riding my ass. When the cop said "I do not remember an 18-wheeler," I replied by asking him, without looking at his notes, if he could remember what color my vehicle was. He could not. I also asked him what time of day the ticket was issued. He could not recall. I finished by asking what the weather was like that day. He responded, "I think it was sunny." I thanked him for his responses, and then proceeded to tell the judge that, if the officer could not remember the color of my car, the time of day he issued the ticket, OR what type of weather I was allegedly speeding in, that it was no surprise he had forgotten the 18 wheeler.

The case was thrown-out, and I did not even pay court costs. Later, the DA asked if I was a lawyer, or if I had a lawyer in the family, and I answered, "No, I paint houses for a living." He told me I should go to law school, and I replied that I wished to make an honest living. :)

joey
91 535i, auto
90 735il, auto



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