Speeding Ticket

KingKong · 03-29-2010, 01:20 PM

Just a curious questions...I recieved a speeding ticket on 407 for 29.5 over...

Here's the funny thing....the vehicle on the ticket say Blue Mazda Protege 5...I drive a Black BMW 328i Coupe...completely different...any one experience this before? Any chance I can win from this mistake?

MMOTION · 03-29-2010, 01:27 PM

Definitely opt to fight/challenge the speeding ticket in court, when your court day arrives just talk to the prosecutor and tell him the deal. Did the cop atleast get your license plate right? That might a determining factor whether he'll throw it out of court or not. Still, there's a big difference between a blue Mazda Protege5 and a black BMW 328i coupe. lol

KingKong · 03-29-2010, 01:28 PM

All other information is correct...the cop used the machine where he enters the license plate and everything is printed automatically....

BavFan_08 · 03-29-2010, 03:31 PM

Quote:

Originally Posted by KingKong

All other information is correct...the cop used the machine where he enters the license plate and everything is printed automatically....

Hey...I've gotten almost every ticket in the book...except for the license plate, a stop sign,and stunt driving....I would talk to a paralegal but I doubt your claim as a mistake would hold in court. However it doesnt hurt to try...

w2 · 03-29-2010, 03:49 PM

Maybe, but did he read the ticket before he gave it to you? Was he paying attention to what he was doing? Was he being careful in the execution of his duties? Maybe he was distracted or having a bad day. Who knows what kind of other mistakes he might have made, such as taking an incorrect speed reading.

It would be foolish to base your entire case around this one fact -- you should defend yourself as vigorously and thoroughly as possible using all of the evidence available and use every legitimate defence you have -- but it certainly raises questions about how closely the police officer was paying attention to what he was doing; perhaps enough to raise reasonable doubt as to your guilt.

Then again, maybe it won't be enough. From the sounds of it, traffic courts generally don't take all that seriously your right to be presumed innocent until proven guilty beyond a reasonable doubt, so the deck is stacked pretty heavily against you right from the get go. But if you are going to defend yourself, you might as well do it properly and try to get the ticket quashed due to errors and, if that doesn't work, present the error as evidence that the officer was not paying close attention to the particulars of the situation, thus casting into doubt his entire recollection of the event. Assuming that you didn't make any incriminating statements during the traffic stop (like admitting you were speeding just a little, maybe) and there is no other corroborating evidence, you could then argue that the evidence shows that the officer's eyewitness account is the only evidence they have, and that there is room for reasonable doubt as to the accuracy of that testimony.

ctgazer · 03-30-2010, 06:38 AM

yes, challenge the fact that he didnt verify the facts the day of the incident. ask him if he remembers what type of car you drove that day, weather conditions, time, temperature, etc. they are supposed to not this all down. if it starts getting sketchy, you can then draw doubt on the actual speed reading, and then tie in the incorrect vehicle description. you can post questions to the officer as well when you are there. just be polite when doing so. if anything, it will be reduced.

mikev333 · 03-30-2010, 08:22 AM

how about asking for an interpreter, if the interpreter doesn't show up, case gets thrown out. Thats what I'm doing with my speeding ticket, not sure if it would work though.

zuluZero · 03-30-2010, 10:41 AM

Quote:

Originally Posted by KingKong

Just a curious questions...I recieved a speeding ticket on 407 for 29.5 over...

Here's the funny thing....the vehicle on the ticket say Blue Mazda Protege 5...I drive a Black BMW 328i Coupe...completely different...any one experience this before? Any chance I can win from this mistake?

It's been a little while since I've had a speeding ticket to look at....but when did they increase the precision to 0.5 kph?

Anyway, invest some of your time to learn the system. Read the entire site:
www.ticketcombat.com

KingKong · 03-30-2010, 01:26 PM

Quote:

Originally Posted by zuluZero

It's been a little while since I've had a speeding ticket to look at....but when did they increase the precision to 0.5 kph?

Anyway, invest some of your time to learn the system. Read the entire site:
www.ticketcombat.com

I was actually close to 40 over....he reduced it to 29.5

ELITE_TRAYUNZE · 03-30-2010, 03:47 PM

I'd say don't bother then. Doesn't 40 over usually result to automatic suspension?

w2 · 03-30-2010, 04:43 PM

Quote:

Originally Posted by KingKong

I was actually close to 40 over....he reduced it to 29.5

I am not a lawyer, but common sense suggests that the first rule of not getting convicted is: do not admit to committing the act that forms the substance of the charge. Your own confession is probably the hardest piece of evidence to defend against (notwithstanding the fact that false confessions are extremely easy to obtain in many cases).

Belarus · 03-30-2010, 09:22 PM

Quote:

Originally Posted by KingKong

Just a curious questions...I recieved a speeding ticket on 407 for 29.5 over...

Here's the funny thing....the vehicle on the ticket say Blue Mazda Protege 5...I drive a Black BMW 328i Coupe...completely different...any one experience this before? Any chance I can win from this mistake?

Fight it you have nothing to lose and chance to win... and read the following thread: http://www.e90post.com/forums/showthread.php?t=282305

03-29-2010, 01:20 PM	#1
KingKong Enlisted Member 6 Rep 40 Posts Drives: 2008 BMW 328i Coupe Join Date: Jul 2008 Location: Thornhill iTrader: (0)	Speeding Ticket Just a curious questions...I recieved a speeding ticket on 407 for 29.5 over... Here's the funny thing....the vehicle on the ticket say Blue Mazda Protege 5...I drive a Black BMW 328i Coupe...completely different...any one experience this before? Any chance I can win from this mistake?
	Appreciate 0 Tweet Quote

03-29-2010, 01:27 PM	#2
MMOTION Lieutenant Colonel 109 Rep 1,801 Posts Drives: like you'll never drive again Join Date: Feb 2009 Location: uptown iTrader: (26)	Definitely opt to fight/challenge the speeding ticket in court, when your court day arrives just talk to the prosecutor and tell him the deal. Did the cop atleast get your license plate right? That might a determining factor whether he'll throw it out of court or not. Still, there's a big difference between a blue Mazda Protege5 and a black BMW 328i coupe. lol
	Appreciate 0 Quote

03-29-2010, 01:28 PM	#3
KingKong Enlisted Member 6 Rep 40 Posts Drives: 2008 BMW 328i Coupe Join Date: Jul 2008 Location: Thornhill iTrader: (0)	All other information is correct...the cop used the machine where he enters the license plate and everything is printed automatically....
	Appreciate 0 Quote

03-29-2010, 03:49 PM	#5
w2 Private First Class 1 Rep 143 Posts Drives: 335i coupe Join Date: Apr 2008 Location: Ottawa, Canada iTrader: (0)	Maybe, but did he read the ticket before he gave it to you? Was he paying attention to what he was doing? Was he being careful in the execution of his duties? Maybe he was distracted or having a bad day. Who knows what kind of other mistakes he might have made, such as taking an incorrect speed reading. It would be foolish to base your entire case around this one fact -- you should defend yourself as vigorously and thoroughly as possible using all of the evidence available and use every legitimate defence you have -- but it certainly raises questions about how closely the police officer was paying attention to what he was doing; perhaps enough to raise reasonable doubt as to your guilt. Then again, maybe it won't be enough. From the sounds of it, traffic courts generally don't take all that seriously your right to be presumed innocent until proven guilty beyond a reasonable doubt, so the deck is stacked pretty heavily against you right from the get go. But if you are going to defend yourself, you might as well do it properly and try to get the ticket quashed due to errors and, if that doesn't work, present the error as evidence that the officer was not paying close attention to the particulars of the situation, thus casting into doubt his entire recollection of the event. Assuming that you didn't make any incriminating statements during the traffic stop (like admitting you were speeding just a little, maybe) and there is no other corroborating evidence, you could then argue that the evidence shows that the officer's eyewitness account is the only evidence they have, and that there is room for reasonable doubt as to the accuracy of that testimony.
	Appreciate 0 Quote

03-30-2010, 06:38 AM	#6
ctgazer Major General 385 Rep 7,952 Posts Drives: a dilapidated ride Join Date: Feb 2006 Location: canada eh! iTrader: (10) Garage List 2006 e90 [0.00]	yes, challenge the fact that he didnt verify the facts the day of the incident. ask him if he remembers what type of car you drove that day, weather conditions, time, temperature, etc. they are supposed to not this all down. if it starts getting sketchy, you can then draw doubt on the actual speed reading, and then tie in the incorrect vehicle description. you can post questions to the officer as well when you are there. just be polite when doing so. if anything, it will be reduced. __________________
	Appreciate 0 Quote

03-30-2010, 08:22 AM	#7
mikev333 First Lieutenant 14 Rep 313 Posts Drives: 2008 E90 328 AW Join Date: Mar 2008 Location: Scarborough iTrader: (1)	how about asking for an interpreter, if the interpreter doesn't show up, case gets thrown out. Thats what I'm doing with my speeding ticket, not sure if it would work though.
	Appreciate 0 Quote

03-30-2010, 03:47 PM	#10
ELITE_TRAYUNZE Captain 11 Rep 643 Posts Drives: AW 07 E90 328i Sport Join Date: Oct 2008 Location: Vancouver, BC iTrader: (1)	I'd say don't bother then. Doesn't 40 over usually result to automatic suspension?
	Appreciate 0 Quote