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  1. #1
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    Sep 2012
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    Default Ticketed for Speeding, Officer Stopped the Wrong Car

    My question involves a traffic ticket from the state of: Virginia.

    I was driving on 460 East towards Lynchburg VA. I had my cruise set at 70mph in a 65 zone. A truck has been following behind me for 5-10 miles. I am in a group of cars. I notice about half a mile behind me a marked state came flying around a corner and I thought nothing of it. All cars moved to the slow lane (which I have been in for many miles now) and the state cop nearly passed me. He slammed on his brakes stayed next to me for a good 5 seconds and the slowed down behind me and pulled me over. He told me he got me with laser from 723.1 feet away. I drive a normal honda accord. Not modified in the least bit. Unfortunately I didn't make notes on everything because I was shocked at being pulled over. As stated I had my cruise set to 70mph. At 723 feet the officer could not take note of a car other than it being blue. He can't see my license plate, or who is driving or how many people are in the car to be able to determine if he has the correct vehicle. I have no idea if there were any vehicles that looked like mine within the area. How can I go about proving that he pulled over the wrong guy? I'm sure judges hear this alllll the time, so I feel really mistreated over all of this. BTW I had a shotgun in the back seat in plain view, a Ruger SR9C next to my left leg, and a SOG seal pup next to my right leg. With all of that in my car I am NOT looking for any police attention.. (Normally I don't have the shotgun I just happened to be shooting that morning and hadn't taken it out yet.)

    I've been thinking about how to prove my innocence, but I would like some help..
    What I've gathered.
    He obviously lost sight of the vehicle he was running down because he pulled me over(the wrong car), and because I saw him as he came around a corner (went from not seeing him to seeing his car).
    He shot a speeding car 723 feet away and it is impossible to be able to say 100% that you have the right car when it was shot from that far and he lost sight of the vehicle. He can't get the license plate, see who is driving, or tell the make and model of the vehicle.
    I had my cruise on for over 15minutes at 70mph and had been followed by a white truck for 5-10 miles (I say this because if I were speeding I would have made a gap between us (unless the truck was also speeding))
    I had three deadly weapons near me the entire time so who in there right mind would go 14mph over the speed limit with all of that..

    I also want to add
    That the policeman was not on the side of the road. (I don't know where he was but I WOULD have noticed him immediately if he were on the side of the road.)
    He never asked me why I thought he pulled me over, he never asked me how fast I was going, all he asked was did I have any reason to be traveling 79mph to which I said no (because I wasn't traveling that fast).
    And also the yellow copy doesn't have my signature on it. Does this make a difference??

    Any help is greatly appreciated..

  2. #2
    Join Date
    Mar 2010
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    Snohomish, WA
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    1,163

    Default Re: Speeding (14) Over. He Has the Wrong Guy

    So you're mad for getting a speeding citation for speeding? You said you were speeding, but 'not THAT much'. The guns clearly had no bearing on the case at all.

  3. #3
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    Sep 2012
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    Default Re: Speeding (14) Over. He Has the Wrong Guy

    I was traveling 5 over like the rest of the traffic. I never said "not that much" Control F and you'll find that was first said by yourself. No they do not having anything to do with the actual ticket. I am just trying to use them to show that I truly had no reason to speed and wasn't speeding.

  4. #4
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    Default Re: Speeding (14) Over. He Has the Wrong Guy

    Quote Quoting NvrDwn
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    I was traveling 5 over like the rest of the traffic.
    5 over is still speeding.
    The fact that others were speeding is not a defense.
    It makes little difference for what you were charged with, 1 to 19 miles over the limit (provided you weren't going 80) is all the same charge.
    I am just trying to use them to show that I truly had no reason to speed and wasn't speeding.
    That statement makes no sense. First off "no reason to speed" is not a defense that you weren't speeding and by your own admission, you were speeding.

    You won't win this. The officer will testify that he saw you speed and measured it with the lidar. He'll have his training and the unit certs in the court room.
    Some judges will defer you so you can complete VADIP, some might offer to waive the fine. Your best chances are to either talk to a local attorney, or talk to the commonwealth's attorney before your trial (they usually are in the vicinity of the courtroom right before the trial), or you can just go in there and ask the judge for those options.

  5. #5
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    Sep 2012
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    Default Re: Speeding (14) Over. He Has the Wrong Guy

    Yes 5 is over, but here it is within an acceptable range. I have many officer friend and they have all said that they don't even look unless you are at 10+ over because the judge can give them a hard time. I'll probably have to get an attorney.

  6. #6
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    Default Re: Speeding (14) Over. He Has the Wrong Guy

    Never take legal advice from cops. 5 mph may be too slow for them to bother writing tickets, but it doesn't make it legal.
    If you go up before the judge and say you were only 5 MPH over the limit, I guarantee that nearly all of them will accept that as an admission of guilt and find you guilty.
    Any possible "error" in the speed measurement that might have been allowed (and that isn't anywhere near as prevalent as your cop friend would have you believe), will go out the window if you admit to actually speeding.

  7. #7
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    Default Re: Speeding (14) Over. He Has the Wrong Guy

    Quote Quoting flyingron
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    Never take legal advice from cops. 5 mph may be too slow for them to bother writing tickets, but it doesn't make it legal.
    If you go up before the judge and say you were only 5 MPH over the limit, I guarantee that nearly all of them will accept that as an admission of guilt and find you guilty.
    Any possible "error" in the speed measurement that might have been allowed (and that isn't anywhere near as prevalent as your cop friend would have you believe), will go out the window if you admit to actually speeding.
    I was hoping if I said that the worse thing that would happen is he would charge me for 5 over. Admission of guilt and find me guilty of what? Speeding 5 over or 14 over? Technically I was speeding 5 over so if I get it reduced to that, then fine whatever. But I was not traveling 79mph.

  8. #8
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    Sep 2010
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    Default Re: Speeding (14) Over. He Has the Wrong Guy

    Speeding, that is less than that which is considered reckless driving (80 MPH+ or 20MPH over, etc..) is all the same charge. There's nothing to "reduce."
    They can reduce (or even throw out the fine). How's your driving record? While every GDC is slightly different, they tend to waive fines up here (you just pay the costs around $50) if you are +5.

  9. #9
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    Mar 2010
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    Snohomish, WA
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    Default Re: Speeding (14) Over. He Has the Wrong Guy

    Quote Quoting NvrDwn
    View Post
    I was traveling 5 over like the rest of the traffic. I never said "not that much" Control F and you'll find that was first said by yourself. No they do not having anything to do with the actual ticket. I am just trying to use them to show that I truly had no reason to speed and wasn't speeding.
    You are correct you never said "not that much". However, if I had been quoting you I would have used double quotes, not single.

    That's out of the way now, so let's get back to your admission of guilt... you seem to think that speeding even 1mph over the limit will somehow be overlooked by the judge. Won't happen.

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