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Can You Beat a Ticket for 50 MPH in a 25 MPH Zone, Actual Speed 57 MPH

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  • 07-28-2012, 10:13 AM
    slowMO
    Can You Beat a Ticket for 50 MPH in a 25 MPH Zone, Actual Speed 57 MPH
    My question involves traffic court in the State of: oregon i got pulled over doing supposedly 57 in a 25 but got cited for only doing 50 . i figure i got cited for the wrong thing so i could plead not guilty . will it backfire on me???
  • 07-28-2012, 10:49 AM
    That Guy
    Re: Was Speeding 57 MPH in a 25 but Got Cited for Only Doing 50 Could I Beat It in Co
    Quote:

    Quoting slowMO
    View Post
    My question involves traffic court in the State of: oregon i got pulled over doing supposedly 57 in a 25 but got cited for only doing 50 . i figure i got cited for the wrong thing so i could plead not guilty . will it backfire on me???

    You got a break... You did not get cited for the wrong thing!

    Will it back fire? its not likely to help you win... because the officer probably has a note that you were caught at 57, and he will probably testify to that in addition to saying he reduced your speed (maybe to give you a break on the fine amount)....
  • 07-29-2012, 08:05 AM
    cmre3456
    Re: Was Speeding 57 MPH in a 25 but Got Cited for Only Doing 50 Could I Beat It in Co
    If you plead not guilty and then go into court and waste the court's, the officer's, and the judge's time with that, and then state you were actually going 57, the judge will find you guilty of going 57. Between your admission of guilt at 57, and the officer's testimony of 57, the judge will simply increase your fine and you'll be hung for 57.

    Guaranteed.
  • 07-29-2012, 03:29 PM
    davidmcbeth3
    Re: Can You Beat a Ticket for 50 MPH in a 25 MPH Zone, Actual Speed 57 MPH
    Quote:

    Quoting slowMO
    View Post
    My question involves traffic court in the State of: oregon i got pulled over doing supposedly 57 in a 25 but got cited for only doing 50 . i figure i got cited for the wrong thing so i could plead not guilty . will it backfire on me???

    Well, I would have a different defense planned than that .. it just ain't good.
  • 07-30-2012, 10:34 PM
    That Guy
    Re: Was Speeding 57 MPH in a 25 but Got Cited for Only Doing 50 Could I Beat It in Co
    Quote:

    Quoting cmre3456
    View Post
    If you plead not guilty and then go into court and waste the court's, the officer's, and the judge's time with that, and then state you were actually going 57, the judge will find you guilty of going 57. Between your admission of guilt at 57, and the officer's testimony of 57, the judge will simply increase your fine and you'll be hung for 57.

    Guaranteed.

    You mean the judge can act like a prosecutor and amend the charge and not only that, but do so during the trial with no advanced notice and no possibility for the defendant to consult with counsel or prepare a new defense for the new charge?

    I bet you that is wrong!!!

    Guaranteed!!!
  • 07-31-2012, 07:02 AM
    blewis
    Re: Was Speeding 57 MPH in a 25 but Got Cited for Only Doing 50 Could I Beat It in Co
    I'm going to have to, respectfully, disagree with Sir That Guy. The judge wouldn't have to do anything but dismiss the current ticket. The officer, who will be standing right there, could then issue ANOTHER ticket for 57 right on the spot, and we start the process all over again. I realize that that's not what CMRE said, but it has the same affect. I won't guarantee it, but it is certainly possible.

    Barry
  • 07-31-2012, 07:24 AM
    cmre3456
    Re: Was Speeding 57 MPH in a 25 but Got Cited for Only Doing 50 Could I Beat It in Co
    Quote:

    Quoting That Guy
    View Post
    You mean the judge can act like a prosecutor and amend the charge and not only that, but do so during the trial with no advanced notice and no possibility for the defendant to consult with counsel or prepare a new defense for the new charge?

    I bet you that is wrong!!!

    Guaranteed!!!

    You'd lose that bet. Judges waive errors on tickets regularly as long as they aren't fatal. If the judge asked the officer if 57 was the correct number and the officer said yes, the judge would/could waive the error and call it 57. You'd be left to appeal it and you might win, but few people actually go through the appellate process for a speeding ticket.

    Don't mess with a judge in her courtroom.
  • 07-31-2012, 09:59 AM
    That Guy
    Re: Was Speeding 57 MPH in a 25 but Got Cited for Only Doing 50 Could I Beat It in Co
    Quote:

    Quoting cmre3456
    View Post
    You'd lose that bet. Judges waive errors on tickets regularly as long as they aren't fatal. If the judge asked the officer if 57 was the correct number and the officer said yes, the judge would/could waive the error and call it 57. You'd be left to appeal it and you might win, but few people actually go through the appellate process for a speeding ticket.

    Don't mess with a judge in her courtroom.

    I'd lose that bet in you dreams... Clearly you have no clue what you're talking about.

    There is no error to waive! The officer gave the driver a break by citing him for 50 instead of 57.

    Increasing the charged speed from 25mph in excess to 32mph in excess changes the class of the violation, the more reason why the judge cannot just randomly change the citation on a whim!

    811.109 Penalties for speed violations.
    (1) Violation of a specific speed limit imposed under law or of a posted speed limit is punishable as follows:
    (a) One to 10 miles per hour in excess of the speed limit is a Class D traffic violation.
    (b) 11 to 20 miles per hour in excess of the speed limit is a Class C traffic violation.
    (c) 21 to 30 miles per hour in excess of the speed limit is a Class B traffic violation.
    (d) Over 30 miles per hour in excess of the speed limit is a Class A traffic violation.
    (2) Notwithstanding subsection (1) of this section, if the speed limit is 65 miles per hour or greater and:
    (a) The person is exceeding the speed limit by 10 miles per hour or less, the offense is a Class C traffic violation.
    (b) The person is exceeding the speed limit by more than 10 miles per hour but not more than 20 miles per hour, the offense is a Class B traffic violation.
    (c) The person is exceeding the speed limit by more than 20 miles per hour, the offense is a Class A traffic violation.
    (3) Violation of the basic speed rule by exceeding a designated speed posted under ORS 810.180 is punishable as follows:
    (a) One to 10 miles per hour in excess of the designated speed is a Class D traffic violation.
    (b) 11 to 20 miles per hour in excess of the designated speed is a Class C traffic violation.
    (c) 21 to 30 miles per hour in excess of the designated speed is a Class B traffic violation.
    (d) Over 30 miles per hour in excess of the designated speed is a Class A traffic violation.
    (4) In addition to a fine imposed under subsection (1), (2) or (3) of this section, a court may order a suspension of driving privileges for up to 30 days if a person exceeds a speed limit or designated speed by more than 30 miles per hour and the person has received at least one prior conviction under ORS 811.100 or 811.111 within 12 months of the date of the current offense.
    (5) Notwithstanding subsections (1) to (3) of this section, if a person drives 100 miles per hour or greater when the person commits a violation described in this section, the person commits a specific fine traffic violation. The presumptive fine for a violation under this subsection is $1,150, and upon conviction the court shall order a suspension of driving privileges for not less than 30 days nor more than 90 days.
    (6) When a court orders a suspension under subsection (4) or (5) of this section, the court shall prepare and send to the Department of Transportation an order of suspension of driving privileges of the person. Upon receipt of an order under this subsection, the department shall take action as directed under ORS 809.280.
    [1995 c.383 §14; 2003 c.819 §17; 2005 c.491 §1; 2011 c.597 §§96,319]


    And the other reason why the judge cannot change the charge, that is a matter for the prosecutor or the officer to do.

    You keep posting the wrong advice and I will keep reporting your posts... Carry on!

    - - - Updated - - -

    Quote:

    Quoting blewis
    View Post
    I'm going to have to, respectfully, disagree with Sir That Guy. The judge wouldn't have to do anything but dismiss the current ticket.

    That is a huge stretch from the judge simply assuming its an error and "waiving it as if it were an error"!

    Quote:

    Quoting blewis
    View Post
    The officer, who will be standing right there, could then issue ANOTHER ticket for 57 right on the spot, and we start the process all over again.

    How is that disagreeing with me when I clearly stated that the judge could not simply amend the charge "with no advanced notice and no possibility for the defendant to consult with counsel or prepare a new defense for the new charge". Isn't that the starting all over again part that you're speaking of?

    But why would they do any of that when the officer is likely to testify that he witnessed/measured the driver's speed at 57 in 25 but decided to cite him for 50 in 25. If the officer wanted to cite for 57 in 25, do you think he would have cited for 50 in 25?
  • 07-31-2012, 10:19 AM
    cmre3456
    Re: Was Speeding 57 MPH in a 25 but Got Cited for Only Doing 50 Could I Beat It in Co
    Quote:

    Quoting That Guy
    View Post

    You keep posting the wrong advice and I will keep reporting your posts... Carry on!

    Someone should report you for being a jerk.

    Quote:

    How is that disagreeing with me when I clearly stated that the judge could not simply amend the charge "with no advanced notice and no possibility for the defendant to consult with counsel or prepare a new defense for the new charge". Isn't that the starting all over again part that you're speaking of?
    The defendant essentially pleads guilty to 57. How is that not having time to prepare a defense for that or to bring an attorney?

    The defendant stands up and wants to claim the speed was actually 57. Dumb. The judge has the officer state that the speed was 57. The judge claims error on the ticket, waives the error, and reschedules arraignment for 57. The judge isn't charging anyone. He's making a ruling that the ticket is in error and the error is waived. If you don't think a judge can do that, you were born yesterday.

    Next.
  • 08-02-2012, 12:16 PM
    slowMO
    Re: Was Speeding 57 MPH in a 25 but Got Cited for Only Doing 50 Could I Beat It in Co
    dang i was hoping to get off by whats it called were they give you a wrong ticket or info on ticket. . any way i was not going to admit to going 57 i was just gonna plead not guilty to 50 hoping it would get dismissed for something being an error on the officers part.. high hopes i guess..
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