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View Full Version : Cop lied on ticket, fightable now? Idaho


hotshot_63
09-29-2007, 06:27 PM
K. So i got my first ticket today. Doing 60 in 50.... I knew i was speeding, cop knew. Ticket = fine = done deal right. Well the cop wrote on the ticket 55 in a 40 even though we were clearly in a 50 and we stated so to each other several times. I don't know if there is a fine differentiation or not, but does this officers blatant lie constitute fighting and being able to win in a court?

moburkes
09-29-2007, 06:28 PM
K. So i got my first ticket today. Doing 60 in 50.... I knew i was speeding, cop knew. Ticket = fine = done deal right. Well the cop wrote on the ticket 55 in a 40 even though we were clearly in a 50 and we stated so to each other several times. I don't know if there is a fine differentiation or not, but does this officers blatant lie constitute fighting and being able to win in a court?

Is there an indication on the ticket of the location? If so, then take pictures showing the location, and the speed limit associated with it.

hotshot_63
09-29-2007, 06:47 PM
Yeah theres a location on it, I'll check the location to see if it is actually even where he pulled me over. It seems to be an intersection, which would lead me to beleive its not where i was pulled over at.

moburkes
09-29-2007, 07:00 PM
Yeah theres a location on it, I'll check the location to see if it is actually even where he pulled me over. It seems to be an intersection, which would lead me to beleive its not where i was pulled over at.

The location is never going to be exact, since there isn't a "marker" at every single point where the 2 vehicles stop. Plus, what would be written, the place when his radar locked on you, the 10th foot after the radar locked on you, the place where you finally pulled over to stop, etc?

hotshot_63
09-29-2007, 07:02 PM
Okay, so the intersection written on the ticket is still inside a 50 zone, does that give ground to fight the ticket in court?

moburkes
09-29-2007, 07:07 PM
Okay, so the intersection written on the ticket is still inside a 50 zone, does that give ground to fight the ticket in court?

Well, it will give you grounds so that your speeding ticket is reduced from 15 MPH over the limit to 10 MPH over the limit. However, the police officer is allowed to amend the charges (people DO make mistakes - even police officers). But, there is always the chance that it is simply dismissed.

Billy Mack
09-30-2007, 05:51 PM
It's more likely that it's a simple mistake rather than a lie. People get stuff wrong sometimes.

Is the intersection near where he clocked you or where he stopped you?

To be safe, I'd get video of that stretch of road showing where the speed limit signs are, where you think you were caught by the radar. I'd probably record until you got to the stop location. That way you can prove the speed zone that you were in.

In order to introduce the tape, you'll need to be able to lay the foundation and establish its relevance by testifying that it's a true and accurate depiction of the stretch of road and it will show what the speed zone actually was. You can't just play the tape.

Do you have any indication that the stop was recorded by the officer? If so, you'll want his tape. He probably won't bring it to court with him unless he's asked to do so. Cops hate having to go get evidence, at least I do.

Troubleshooter
10-02-2007, 10:21 PM
Were you in a construction zone? Many states have laws which lower the limit 10 mph if workers are present.

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