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Help, just got ticket...
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DBL_TKE
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Joined: 28 Feb 2007
Posts: 1505
Location: Aloha, OR

1991 Chevrolet Camaro Z/28

PostPosted: Mon Nov 12, 2007 12:52 am    Post subject: Help, just got ticket... Reply with quote

Well folks I just got home about 10 minutes ago after receiving a speeding ticket, marked as a 50 in a 35.

The violation was at TV Highway and SW 178th Ave. There is an overpass that goes over some railroad tracks so naturally there is a downward slope. I always like to put my car into neutral when going downhill to try and save a little bit on gas so I must have picked up a little speed. However I did not realize that I was speeding nor that the speed limit changed to 35mph in that area.

I thought the speed limit stayed at 45mph the whole way through. I realize that it is my fault as I neglected to notice the speed sign but I need any help I can get. I do have a bad driving record already but is there any way of fighting this? He got me with radar, got my hair color, and my car color wrong. he marked brown and black when they are actually blonde and blue.

I really need help as I can't afford another ticket. I vaguely remember reading somewhere about asking them to show evidence of radar calibration or something along the lines of that and if something is marked wrong on the ticket it may void it.

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Xophertony
Rodeo Queen


Joined: 13 Oct 2005
Posts: 5306
Location: Portland, Oregon.

1988 Pontiac GTA

PostPosted: Mon Nov 12, 2007 1:49 am    Post subject: Reply with quote

i don't know.

just do what i do, get a better job so you can afford the tickets. Rolling Eyes

i would bring up the erroneous information with the clerk when you go to enter your plea. (go in person). if you do plead guilty; do so in front of a judge if possible, so you can ask him to show lenience in light of the situation. i am attempting to do the same thing about a ticket i got in redding about a week ago (new cars feel like they are doing 35 when in actuality you are going 81 in a 55 Shocked )

other then that, good luck, and don't pull a "dewey" and give the judge a bunch of lip. Laughing

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iansane
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Joined: 16 Jan 2004
Posts: 5742
Location: Bothell

1991 Pontiac Trans Am

PostPosted: Mon Nov 12, 2007 6:46 am    Post subject: Reply with quote

See if anyone you know has got a Lawyer for a friend or relative. I used to go through racking up tickets and just making my record worse and worse until I finally just plunked down a couple hundred on my buddies dad and I've had a clean record ever since. Almost ever ticket I've gotten since I was 19 has been thrown out on a technicality. When I was coming back from Canadia a couple years ago the police were supposedly chasing me for twelve miles and I had four cop cars show up but I still got it tossed because they never provided their info to me (aka "discovery").

Even some local guy you don't know should only charge you 150-200 bucks to get it dropped. Trust me, it's worth it.

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blue89
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Joined: 23 May 2006
Posts: 3482
Location: Bellingham/Eugene

1986 Chevrolet Camaro RS

PostPosted: Mon Nov 12, 2007 8:02 am    Post subject: Reply with quote

I'd recommend the same. I haven't had a ticket in over 2 years now, but if I ever get one again, I'm calling up the guy I know who speciallizes in that sort of stuff.

And don't plead guilty. Mitigate it at worst.
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Dewey316
The Lama


Joined: 08 Jan 2004
Posts: 7295
Location: Bringing the tech

1990 Chevrolet Camaro RS

PostPosted: Mon Nov 12, 2007 8:54 am    Post subject: Reply with quote

You aren't allowed lawyers for speeding tickets in OR. Your best chance would be that he messed up and got the car color and such wrong, or if you can show that he illegaly pulled you over. Where was the officers car sitting when you pulled you over?

--John
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aaron_sK
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Joined: 23 Jan 2006
Posts: 8834
Location: Back in beautiful Tacompton

1987 Chevrolet Camaro IROC-Z

PostPosted: Mon Nov 12, 2007 10:01 am    Post subject: Reply with quote

Dewey, even if they don't allow counsel, he should still consult with an attorney before pleading.

Also, don't plead for a mitigation hearing unless you're sure you can't get out of it any other way. A mitigation hearing sounds like a good idea in the short term, but since it still goes on your record your insurance will still skyrocket, your drivers license will still accumulate points, ect. You can save a few hundred off your ticket just to find out that your insurance premium jumped that much per month.
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DBL_TKE
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Joined: 28 Feb 2007
Posts: 1505
Location: Aloha, OR

1991 Chevrolet Camaro Z/28

PostPosted: Mon Nov 12, 2007 1:11 pm    Post subject: Reply with quote

Dewey316 wrote:
You aren't allowed lawyers for speeding tickets in OR. Your best chance would be that he messed up and got the car color and such wrong, or if you can show that he illegaly pulled you over. Where was the officers car sitting when you pulled you over?

--John


Well it was after the supposed location of the offense, he followed me for about a mile. He then finally lit me up so I pulled over into a supermarket's parking lot, into a parking space. He pulled right behind me. I know he did not have his running lights on while on the side of the road though which I've heard that they have too for a speed trap. and I know he didn't, becuase I was looking out for police the whole time.

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Dewey316
The Lama


Joined: 08 Jan 2004
Posts: 7295
Location: Bringing the tech

1990 Chevrolet Camaro RS

PostPosted: Mon Nov 12, 2007 1:29 pm    Post subject: Reply with quote

What was the ORS code that you were in violation of?
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DBL_TKE
Member


Joined: 28 Feb 2007
Posts: 1505
Location: Aloha, OR

1991 Chevrolet Camaro Z/28

PostPosted: Mon Nov 12, 2007 1:56 pm    Post subject: Reply with quote

ORS code 811.100 which is weird though because my other ticket was a 811.111 but they're both for speeding?
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Richmond 3.73 posi| 36/24 sway bars | SLP LM2 | Koni's | Ground Control 800/200 | Y2K wheels | Dyno Don headers & Y-pipe | airfoil | BBK underdrive pulleys | Raised strut mounts | Extended ball joints | LCARB'S
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STEEL
Member


Joined: 22 May 2007
Posts: 417


1991 Chevrolet Camaro RS

PostPosted: Mon Nov 12, 2007 2:01 pm    Post subject: Reply with quote

Ok, my dad got a ticket for speeding in a semi way back when. His ticket also had the wrong color of vehicle. What you do is you photograph your vehicle, clearly showing the color of your car, and the liscence plate, and you make sure your registration displays the correct color of your vehicle. (In my old truck the registration said red, but it was a grey truck.)

When you go to court, CONTEST the ticket. If the cop cant tell what color your car is, and he cant read it off the registration, how can the court know the cop is capable of reading a radar gun? After stating this, you ask for the case to be dismissed due to too many inconsistency's.

At that point, I believe your home free.
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Dewey316
The Lama


Joined: 08 Jan 2004
Posts: 7295
Location: Bringing the tech

1990 Chevrolet Camaro RS

PostPosted: Mon Nov 12, 2007 2:17 pm    Post subject: Reply with quote

That is interesting. 811.100 is the basic speed rule, 811.111 is for going above the posted speed. It looks like exceeding a posted limit is a violation of 811.100, based on

Quote:
(b) Speeds that are prima facie evidence of violation of this section are established by ORS 811.105.


in 811.105 it say:

Quote:
1) Any speed in excess of a designated speed posted by authority granted under ORS 810.180 is prima facie evidence of violation of the basic speed rule under ORS 811.100.


I am trying to get more information, I have a fried here at work, who works part time for the Washington County Sherrifs. I'm going to ask him about the color thing too.

--John
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Dewey316
The Lama


Joined: 08 Jan 2004
Posts: 7295
Location: Bringing the tech

1990 Chevrolet Camaro RS

PostPosted: Mon Nov 12, 2007 2:22 pm    Post subject: Reply with quote

Who issued the ticket? Washington County?

What was the conditions of the Road? Also, what was the officers name?

(these are coming from a co-worker who helps with the WA Co Sherrif. Also, don't mention you put your car in neutral.)

-John
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Quasi-Traction
"I have petals"


Joined: 24 Oct 2005
Posts: 3873
Location: stumptown

1986 Chevrolet Camaro Berlinetta

PostPosted: Mon Nov 12, 2007 2:31 pm    Post subject: Reply with quote

I once got out of a ticket because they mispelled my last name and wrote down my plate # wrong. Plus the Judge seemed like he wanted to get out of there ASAP. (RYN 011 was my plate, RYN 071 was what the officer wrote.)

That was Clackamas County though.

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Dewey316
The Lama


Joined: 08 Jan 2004
Posts: 7295
Location: Bringing the tech

1990 Chevrolet Camaro RS

PostPosted: Mon Nov 12, 2007 2:35 pm    Post subject: Reply with quote

I asked my friend about the color thing, he said that wouldn't matter. As long as the liscense number, plate number, etc are correct.

He also said the calibration shouldn't matter, they calibrate them at the at the start of each shift, and then after tickets.

--John
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STEEL
Member


Joined: 22 May 2007
Posts: 417


1991 Chevrolet Camaro RS

PostPosted: Mon Nov 12, 2007 2:48 pm    Post subject: Reply with quote

If it is not mentioned in the report that the radar detector was calibrated in the report, then you can say that their is insufficient proof. Also, if the report doesn't mention if the officer was trained on the detector used, same thing.
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STEEL
Member


Joined: 22 May 2007
Posts: 417


1991 Chevrolet Camaro RS

PostPosted: Mon Nov 12, 2007 2:54 pm    Post subject: Reply with quote

Opps, sorry. turns out the color is NOT a fatal defect. My mistake.
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Al Hasse
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Joined: 19 Nov 2005
Posts: 4379
Location: Bremerton, WA

1992 Chevrolet Camaro RS

PostPosted: Mon Nov 12, 2007 3:47 pm    Post subject: Reply with quote

I don't know what the big deal is. I got one a little over a month ago - 70 in a 60 zone. Trooper caught me cresting a hill (speed trap if you ask me), I was flowing with traffic, but didn't slow enough before going over the rise to his satisfaction ("I've been sitting here for 20 minutes and haven't caught anyone going faster than 67"). My first in more than 15 years. Just mailed the fine in before the date indicated on the citation.
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aaron_sK
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Joined: 23 Jan 2006
Posts: 8834
Location: Back in beautiful Tacompton

1987 Chevrolet Camaro IROC-Z

PostPosted: Mon Nov 12, 2007 4:10 pm    Post subject: Reply with quote

Have you gotten the letter from your insurance yet Al?
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Al Hasse
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Joined: 19 Nov 2005
Posts: 4379
Location: Bremerton, WA

1992 Chevrolet Camaro RS

PostPosted: Mon Nov 12, 2007 6:54 pm    Post subject: Reply with quote

No.
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STEEL
Member


Joined: 22 May 2007
Posts: 417


1991 Chevrolet Camaro RS

PostPosted: Mon Nov 12, 2007 7:37 pm    Post subject: Reply with quote

i have had two speeding tickets. first one was $250, second was $500. first one cost me $150, and the second i got a lawer for $200
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