Help on Fighting a Speeding Ticket?

[globe9]

Hi All,

I received a speeding ticket in Laplace last night for doing 80 in a 70 on the I-10. The officer was a St. John deputy NOT a trooper. I know I was not doing 80mph as I travel between Baton Rouge and New Orleans every day for work and I know that the cops wait in Laplace for speeders as they come off the bridge heading East. I always make sure to reduce my speed from about 85mph when coming off the bridge. I was probably doing about 76 or 77mph though, so technically, I was speeding, but definitely not 80mph! The funny thing is, I got passed by at least 4 cars doing well above 80 when I got pulled over.

I was polite, had all of my information ready, and took my ticket without complaint(always been told to just take the ticket and be polite...try to get out of it later-not on the side of the road).

I don't know anyone in St. John Parish to "fix" this, so I've decided to try and fight it. I already pleaded an 894 about 3 years ago, so that is not an option either. I don't mind paying the fine, which will be about $180 including court costs, it's the damn insurance spike I don't want to pay or the fact that it will be on my driving record, which is clean as of now.

I read that about 85% of people ticketed just pay the fine by mail. Of the other 15% who actually fight it, about half of those get the charges dismissed or reduced. I figure my odds are decent, but I don't know how St. John Parish runs...are they tough? lenient? etc?

My plan so far is to approach the D.A. when making my plea of not guilty and tell him that while I have a very good case and I am willing to fight it, I would rather avoid the hassle and pay the fine of $180, if he is willing to drop the moving violation and make it a non-moving violation. I was told that most of the time all they care about is the fine anyway(by a friend, don't know how reliable this info is). I'd be totally fine with paying the fine if the ticket was lowered to a non-moving violation.

If this doesn't work, I am debating whether I should go through with filing for discovery on the radar calibration certificates, the officer's training certificates for using the radar gun, that section of I-10's survey for radar use, etc., or just pay the damned fine. I'm not too keen on questioning the officer during the trial as I have a fear of public speaking and I don't think I'd do a good job.

Does anyone have any ideas, advice? Any lawyers out there?

[buzd]

My plan so far is to approach the D.A. when making my plea of not guilty and tell him that while I have a very good case and I am willing to fight it, I would rather avoid the hassle and pay the fine of $180, if he is willing to drop the moving violation and make it a non-moving violation. I was told that most of the time all they care about is the fine anyway(by a friend, don't know how reliable this info is). I'd be totally fine with paying the fine if the ticket was lowered to a non-moving violation.

I've done this in St Tammany with no problems at all.

[Shep]

I got a ticket in basically the same place and was able to plead by phone to the DA for a non-moving and mail the fine.

[Jeeves]

I agree with Shep and BuzD. Parish attorneys love to lighten their case loads like this. They just want da money!

And, I'm curious. Did you see the officer that clocked your speed? Was he stationary or were you clocked by an officer that was moving? They can detect your speed in same lane, opposite lane, moving, stationary, whatever. You might have been clocked a distance away from where you were stopped and the information called in to intercept you. You may even have been spotted from the air. By your own admission you sometimes travel at 85 mph.

I'm not busting your balls. Try the parish attorney angle.

[gumbo lover]

If you call them up and tell them you've got a good case and are willing to fight it if they won't work with you, they are probably going to invite you on over to do just that. Getting cocky gets you nowhere.

Just call and plead your clean record and ask for assistance in keeping it off your record. Either they will or they won't.

Not legal advice. Just common sense.

[Jerry]

Jeeves said:

By your own admission you sometimes travel at 85 mph.

You could try just doing the speed limit and not be a safety issue to the rest of us.
It's always worked for me...

[globe9]

I agree with Shep and BuzD. Parish attorneys love to lighten their case loads like this. They just want da money!

And, I'm curious. Did you see the officer that clocked your speed? Was he stationary or were you clocked by an officer that was moving? They can detect your speed in same lane, opposite lane, moving, stationary, whatever. You might have been clocked a distance away from where you were stopped and the information called in to intercept you. You may even have been spotted from the air. By your own admission you sometimes travel at 85 mph.

I'm not busting your balls. Try the parish attorney angle.

I did see him, right before he flipped on the lights. I never thought I'd get pulled over for driving under 80(I've always been told most cops won't pull ya over for doing less than 10mph over the limit unless they're complete a-holes, which I guess this guy was, then lied about the speed to boot). He was on the median and looked to be driving off heading West when he must have changed his mind and came after me. I wasn't clocked on the bridge or coming off the bridge as I was quite a ways from the bridge when he finally flipped on the lights. I was almost to that weigh station.

I don't think we use planes around here for radar enforcement...at least not in the Parishes I drive through(E. Baton Rouge, Acension, St. James, St. John, St. Charles, Jefferson).

---------- Post added at 09:40 AM ---------- Previous post was at 09:30 AM ----------

Jeeves said:
You could try just doing the speed limit and not be a safety issue to the rest of us.
It's always worked for me...

I gotta disagree with you. I travel the I-10 between Metairie and Baton Rouge, Monday thru Friday,both ways, at about 6pm going and then around 7:15 coming back(I'm a courier). Doing the speed limit, 70mph, would be a safety issue to me.

If I do 70mph or even 75mph, I'd be getting tailgated, having cars doing 85mph and faster swerving around me, etc. I find it much safer to keep up with the flow of traffic, which is doing 80mph and faster. 95% of the cars I see everyday on that stretch of I-10, and I'm not exagerrating, are speeding at 80mph or faster. It's crazy out there sometimes with the reckless driving that I see. I may speed, but I stay in the right lane unless I need to pass, and I don't swerve around cars, tailgate, or try to cut in front of a slower moving vehicles with just enough space for my car to fit inbetween them and the car in front of them---all of which I see happen almost constantly. Good luck trying to keep at least a car or two length in front of you, b/c someone will cut in.

I feel that I drive safely. I haven't had an accident in over 15 years(knock on wood). The people doing 70mph or 75 in the left lane are the people who create accidents and unsafe driving conditions.

When you have a law that is broken by 95% of the population, it's the law that is flawed. They really need to raise the speed limit again on Interstates.

[Jeeves]

Get yourself a trial date and when you're called for your pretrial tell the parish atty. what you're willing to do. They usually work a deal with you.