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my options if I appeal, vascar ticket

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  • my options if I appeal, vascar ticket

    Got pulled over coming down a HUGE hill, 62 in a 40 (HUGE HILL!!! poor brakes! 2 lane "highway")...pleaded not guilty, went to court. Officer pulls me aside, asks me if I am here for the points. I say yes. Was very respectful when I got pulled over. He said he was going to drop it down to 10mph over and NO POINTS. I said thank you, but also pointed out that 5MPH is no points and 10 is (how does he not know this?). He said he will check and make sure when we get up in front of the judge. I said sounds good and thanked him. I go back to sit down and wait my turn.

    about 20 minutes go by and he comes back out and tells me that he cant make it 5mph and HAS to make it 10mph over like he said and there will be 2 points. I asked him why he changed his mind and he said there was nothing he could do about it and if i wanted to roll the dice with the judge, "no hard feelings" he said. I said ok, and then he went and talked to 3 other people.

    Once he left, I asked those people what he said to them, and also what he said to them when he took them outside (he took all 4 of us outside individually) and they told me the same thing. He first said no points then changed his mind.

    At this point i really wanted to roll the dice but i am not prepared. So I took the 2 points and figure I can always take it downtown and appeal it. either way, its better to have 2 points instead of 4 and even if i take it downtown, they cant give me the 4 and could only tell me too bad and i keep the 2 points (i believe this is the case).

    I also have a dash cam in my car and have the entire incident downloaded on my computer. I even see where he is sitting and everything. The only thing i notice, is that the lines he used to time me are faded. enough so, that there are 2 gaps where the wheels keep going over the lines. You can see this in the video as well. They actually just repainted the lines last week so i couldnt get any pictures, so i only have my dash cam, which is HD and you can clearly see the lines faded. Is this enough to use in my defense if i take it downtown? It was also night time when I was pulled over, 11PM on the way home from 14 hour workday.

    Also, the lines were approx 199 ft or as he wrote it on the ticket .0378 miles. There is a report from the US transportation report that states the lines should be a minimum of 500 feet to be effective. 200 feet is pretty quick.

    I also heard that the best way to fight these is to ask the cop how he measured these two spots. Are they suppose to measure them everytime they are about to set up a "trap"? or does PENDOT provide them with the distances?

    I just think its weird they just repainted the lines and i would think the lines should be kept up since they are the biggest part of VASCAR. And i am assuming the judge denied the point reduction. He was def a rookie officer.

    ps- the one girl was from WV and she said he told her to come to court and he will drop all the points. I felt bad for her.
    Last edited by DonCorleone; 07-27-2017, 02:52 PM.
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