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  1. #4
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    Default Re: Mistakes on a Speeding Ticket by Officer, Do I Have a Chance in Court

    Quote Quoting Kevin125
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    The reason i believed he had mistaken for another vehicle is because there were many other vehicles who were going 75mph. But there was a car in the right lane that look exactly like my car that was speeding. i assume he was doing at least 90mph because he didn't just pass by my car or the other cars. He jetted passed everyone. only difference was the car had NJ plates and not NY plates like mines.
    That story would get you nothing in court. Chances are, the judge hears that a few times each week, along with a description that it was "EXACTLY the same EXCEPT..." or words to that effect. You're free to try it if you wish!

    Quote Quoting Kevin125
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    I mean its a common mistake to misspell someones name, thats a regular typo.
    True!

    Quote Quoting Kevin125
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    But, i don't believe an entire license plate wrong is an error or the driver license state. my driver license says big on it new york at the top and also on the registration it says new york somewhere on it. And i'm directly in front of the officer and he has my registration which also has my plate number right under my name.
    OK, so how does he get from two identical cars passing him, one speeding the other going the flow of traffic... All the way to him pulling over the wrong car -YOU- but issuing the citation and writing the other car's license plate number???

    The likelihood that he was able to read the speeding vehicle's license plate number while it is moving at 90 mph is zero (unless he was moving alongside traffic)...
    There is little chance he took a picture but again, at 90mph, and unless he's got a decent camera, that has an instantaneous focus capability and a high powered zoom lens, and assuming he timed it correctly, there is a chance he might get a peak at the other vehicles plate in between other cars... Still, I don't think he reviewed pictures...
    So he still does NOT have an alternate license plate number to on your citation. And yet, you still would have us believe that he would stand there next to or slightly behind your vehicle, a few feet away from your actual license plate, with your vehicle registration card in hand, only several inches from his eyes, and rather than copying the plate number from either of those places, he opted to commit to a plate number that he had a minuscule chance to glance at but even if he did, he could not have been able to read all seven digits and memorize them!

    Am I missing something?

    Let me assume that he was driving along with traffic... And that he was able to read the other cars plate number. do you think that in the process of pulling you over, he would have noticed the your plate is different than what he remembers? And yet he still realized that AND still wrote a different plate number on your citation?

    Quote Quoting Kevin125
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    And i guess i won't hold up in court.
    Not only would it not hold up in court... You couldn't sell that story to a 4 year old child without having him/her go "HUH??? Whatchootalkingaboutwillis???"

    Quote Quoting Kevin125
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    And i was indeed speeding. i was moving with the traffic. the drivers were all doing 70mph - 75mph. so yes i was speeding and i am guilty for that. but i do not have any evidence that i was not speeding. but i know for sure he did not clock me speeding. i believe he estimated my speed. i have a passport 9500ix and it detected the officer but at the same time i was moving with the traffic so i didnt believe he would pull me over.
    First you say you were speeding....

    Then you add that you have no evidence that you weren't speeding (and you don't need to have evidence that you were not speeding, they have to have evidence that you were (which, by the officer's testimony, they do have evidence of that ))...

    Then you say he didn't clock you speeding (even though you just admitted you were speeding)...

    Then you add that he estimated your speed. Well, if you were in traffic and ghe decided to "estimate" your speed, it was likely that you were going the fastEST... But even if you weren't the fastest, merely exceeding the 65mph limit means you are speeding, and you have to understand that the officer isn't going to pull everybody over. You had to have done something to attract his attention.

    It is possible that when your Escort alerted you (and the only time it will alert you) is when it receives a radar signal from the officer. That may have been the time he clocked you at 90 before you slowed down!

    I am still not feeling your explanation as to why you suspect he clocked another vehicle but pulled you over. You should keep in mind that you need not explain anything - UNLESS- you have a really solid defense; the burden to prove the case lies upon the prosecution. And in my opinion, in this case, it is in your best interest to either remain silent, or to think up of another story to use... This one isn't going to fly!

    Good luck!

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