Fighting a ticket at a speed trap

**daisoman** · 05-06-2012, 11:34 PM

Hey advance thanks for all the help

Last Saturday I was riding along Derry rd eastbound towards airport road. Road turns to a 50 and I got caught doing 72. I was beside and behind a blue versa going the same speed even a bit faster. But he decided to pull the guy on the sport bike over.

Anyways I wanted to know if I can say I was following the flow of traffic. The cop told me I should maintain my own speed when I told him I was following the versas speed. He reduced it to a 15 over with no demerits.

Do I have a case?
Also I heard that it doesn't matter if there a no demerits but my insurance will still go up. I am fighting it regardless because at least I can postpone the payment.

**PLau** · 05-07-2012, 12:00 AM

Insurance increases would depend on the insurance company but any conviction will be seen by the insurance company if they decide to check.

If I were you, I'd hire a paralegal to fight it for you.

**OpenGambit** · 05-07-2012, 12:17 AM

If this is your only ticket, consider paying it to get the clock running. Especially if your insurer allows one ticket without an increase.

**09SV650S** · 05-07-2012, 06:45 AM

If they got you on radar you may have a case bc radar will pick up the larger object. Laser is way more precise.

Fight all your tickets bc they all count for most insurance companies

Sent from my iPhone. (not while I was riding)

**nobbie48** · 05-07-2012, 08:11 AM

There have been similar posts and the opinion was that if you fight it the charge can go back to the original measured speed. This is a common topic and a search should give you your odds of winning. You weigh the difference between the ticket and insurance hit against the paralegal fee and / or time off work.

**GayManLoveIsOK** · 05-07-2012, 08:59 AM

first off, look at the posted speeds and where you were ticketed, sometimes the city has different speeds on file regardless of being posted. second, fight the ticket, argue that you were following the flow of traffic. cop may or may not show. the tickets sometimes get picked up by insurance, or if you change insurance companies in the next 3 years. just my two cents. if my insurance goes up by $40 a month for three years because of the ticket, that's a lot of dough...fight it...

**Konartist** · 05-07-2012, 02:34 PM

Fight the ticket. If the police officer doesn't show, case out the window

You can call a paralegal for a quote but if the police officer gave you a break on the ticket (mine was marked at the top, a single line) then it'll be tougher in court. Just sharing what happened with my ticket.

**daisoman** · 05-07-2012, 02:50 PM

Just went to set up a court date. Also I spoke to my SF agent and she told me no matter what the ticket was even if I pay $1 it will affect my drivers abstract. So fighting is the way to go.

I need to prepare my case.

**smurfz** · 05-08-2012, 10:34 AM

Be aware 1. Original Change can be reinstated and you will be fighting a larger fine. 2. Judge will most likely only drop from 3 point to no points and reduce the fine to what the COP already reduced it to 3. LIDAR picks up what ever the COP points it at I can single out a bike amongst bikes. It i like looking through a Rifle Scope. Officer option as to who to point it at. Insurance will only go up if (IF) they run an abstract and have a no forgiveness policy. I would Pay it and move on You caught a break

**daisoman** · 05-08-2012, 10:50 AM

My sf agent says they do abstract check more often now, even with long term customers like my self. She said for sure they will see the ticket.

15 over vs. 23 over will warrant the same premium increase. (both minor)

They 3 demirits(worst case senerio) shouldn't affect me as I very rarely get tickets.

I'm fighting it because I feel it's worth the risk.

**coyo** · 05-08-2012, 11:12 AM

Originally Posted by smurfz

Judge will most likely only drop from 3 point to no points and reduce the fine to what the COP already reduced it to

The JP can't make any decisions re; points, it's not within their authority. What they can do is convict on a lessor offense, ie; charged with 16k over (3 points) accept plea for 15k over (no points). They can't convict on 16k over but offer that there won't be any points.

**daisoman** · 05-08-2012, 11:29 AM

Right now I have 15 over with no demerits. My sf agent told me my premium will go up as it is still considered a minor infraction

**roadtoruin** · 05-08-2012, 01:16 PM

Originally Posted by OpenGambit

If this is your only ticket, consider paying it to get the clock running. Especially if your insurer allows one ticket without an increase.

what are you picking up the slack for turbo?

If he fights it - a. there is a very good chance the cop wont even show and will be an immediate win.

b. he wont even have to deal with a court case for another year. requests disclosure, files 11b, etc etc. so many opportunities to beat the charge

or... he pays it and loses immediately. wow good advice.

Being charged is only half the battle. It's your right to be PROVEN guilty, use it or lose it.

**OpenGambit** · 05-08-2012, 03:18 PM

Originally Posted by roadtoruin

what are you picking up the slack for turbo?

If he fights it - a. there is a very good chance the cop wont even show and will be an immediate win.

b. he wont even have to deal with a court case for another year. requests disclosure, files 11b, etc etc. so many opportunities to beat the charge

or... he pays it and loses immediately. wow good advice.

Being charged is only half the battle. It's your right to be PROVEN guilty, use it or lose it.

It doesn't appear that you have any understanding of what I actually said.