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  1. #1
    Join Date
    Aug 2007
    Posts
    3

    Unhappy Clocked in 45 Zone, Ticketed for 35 in Colorado

    I hope that you might be able to help me out. I will be honest and upfront with you, I do not have any more money to hire another lawyer. I went in with three other ladies (all caught in the same speed trap) one who had pictures of the cop sitting in the 45 zone and she chose the lawyer. You see, we were clocked in the 45 by a laser gun , but they wrote the ticket for a 35 construction zone. So in order to have access to the pictures, I went in with the lawyer (who did nothing for us and was a waste of money). However, I am hoping once you hear the unusualness of this case, you might be generous enough to help in any way.

    I have been doing research on my own in order to prove my case (our case hopefully). I was driving north on a pretty busy road (not a highway) in CO. I saw an unmarked car and knew it was an officer, so I applied the brakes. I continued to look behind me to see if I was being followed. I then saw the 35 sign (which is the ONLY 35 sign in the area) and hit the brakes even harder. If he was behind me, I did not want to give him any more cause to give me a ticket. Then, a police officer stepped out in front of my car and pulled me over. There were at least two other officers there and about 4 other cars. I was given my ticket (the first one in over ten years, I am not a speeder) and not even allowed to compose myself before I was ordered out of the way and another car quickly took my place.

    HUNDREDS of people were pulled over after being clocked in the 45. Most of the people were in court the same day I was. Most of them chose to accept the plea bargain of 1 point and the full fine. However, I am an honest woman and refuse to pay for something I am not guilty of. If the ticket were for 49 in a 45 and even doubled because of fines doubled in a construction zone, I would have paid it. But I was clocked in the 45 and the ticket written in the 35 zone FOR 35 construction zone.

    The office wrote that he was 487 feet inside the 35 zone. He used a laser gun and got me at 49MPH 314 feet away from him making me inside the 35 zone by 173 feet. When I asked how long I was monitored for (as it is my understanding from what I am reading that they have to monitor my speed with the gun for a certain amount of time), she said there is no law stating that they have to monitor me for any amount of seconds. This makes it VERY difficult to prove mathematically that there was no way he could have been inside the 35 zone.

    I have called the Traffic Engineer for the city who is getting back to me with the numbers on the amount of feet from the 35 sign to the stop light (the cops pulling people over were in the left turn lane set up with orange construction barrels). Is there a CO state law or even an El Paso County law that says they have to monitor me for so many seconds? I think all I need is that code if there is one.

    Again, any help would be greatly appreciated. I have no money, especially after paying a lawyer who did nothing for us, and especially not to pay a ticket I know I am innocent of.

    Thank you for any help and for your time and consideration.

    ETA: my pre-trial is Aug 29 and my trial date is Aug 31, so help soon would be greatly appreciated

  2. #2
    Join Date
    Aug 2007
    Posts
    3

    Default Re: Clocked in 45 Zone, Ticketed for 35 in Colorado

    Can no one help? I appear in court tomorrow for pre-trial. You would think as a homeschooling Mom I would have all the answers. LOL! But I don't and need help. Anything at all would be greatly appreciated.

  3. #3
    Join Date
    Oct 2005
    Location
    California
    Posts
    1,206

    Default Re: Clocked in 45 Zone, Ticketed for 35 in Colorado

    Don't panic! Tomorrow's court date should be no problem; just plead not guilty and request that your trial be scheduled at least several weeks in the future in order to allow you time to prepare your case. Be prepared to explain why additional time is necessary.

    Perhaps, the traffic engineer can offer some information that will be helpful. Defending against construction zone citations is tough to do. If you saw the cop "shoot" you with his radar gun and new the exact location, that would certainly be helpful...provided it wasn't in the construction zone. Good luck!

  4. #4
    Join Date
    Aug 2007
    Posts
    5

    Default Re: Clocked in 45 Zone, Ticketed for 35 in Colorado

    Yes, if you know where the officer was when you were "shot", take a GPS and walk it out. If the officer says you were ~350 when he tagged you and his location was less than 350 ft, you have a compelling argument that he/she clocked you in the 45 zone.

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