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Old 08-03-2003, 04:31 AM   #1
hank scorpio
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law enforcement help

My mother got a speeding ticket the other day but the officer did not sign his name or write in his badge number. Is this a defective ticket? Any thoughts would be appreciated.
James
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Old 08-03-2003, 05:15 AM   #2
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Re: law enforcement help

Quote:
Originally posted by hank scorpio
My mother got a speeding ticket the other day but the officer did not sign his name or write in his badge number. Is this a defective ticket? Any thoughts would be appreciated.
James
IMHO, it is not an issue.

The best "problem" that might help you is that the ticket offers no "proof" of the officer actually being there. However, you would have to challenge the officer as a witness to the "crime" saying that the ticket proves who was the officer at the scene and it does not identify him as being the one actually there.

I'm sure the cop will have other ways to prove his being there, and the judge likely won't make it a big issue.

On the bright side, this may indicate the cop won't bother going to court for the case. If it was a minor or first offense, the cop might just let it slide. My mom got a reckless driving ticket when she tapped a person's bumper at a stop sign. The cop issued the ticket because he said he had to cite someone. He didn't bother going to court for it and the ticket was tossed out (heck, even the law showed that what my mom did could not be established under the law for reckless driving....so, he would have lost anyway).
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Old 08-03-2003, 05:47 AM   #3
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What your mother got was "her copy". The original goes on to the state / court.... They used to throw them out in GA when the officer was not present in court (like BG said), but they changed that in the 90's. Not sure what they do in NJ. If you go to court (maybe you can go with her) there is a good chance they will throw it out, esp. if she does not have any prior MV offenses. Just guessing..
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Old 08-03-2003, 11:08 AM   #4
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Gee .....I always read these posts where people get off on technicalities or the cop not showing for court.
Where I live you have a better chance of winning the lottery than either of of those ever happening.
BG was your mom's ticket in VA???
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Old 08-03-2003, 12:34 PM   #5
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Quote:
Originally posted by BanannaMan
....BG was your mom's ticket in VA???
Yep. The cop really had no other reason to cite her, but it was an accident (woman in front started then slammed on her brakes at a stop sign). The "accident" was hardly a tap, and he could have just not bothered with the citation. It wouldn't have stood up in court since the Code of Virginia defines "reckless driving" in terms that could not apply to the situation. It was a pointless ticket just done for formality.
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Old 08-03-2003, 03:17 PM   #6
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Why did she stop?? Just kidding. I am not to sure on what the law is over there but here in AZ, the cop MUST give badge and name. Failure to do so can result in the case getting thrown out and the cop better hope nobody finds out (as far as I know).
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Old 08-03-2003, 06:34 PM   #7
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Once I got a speeding ticket in South Florida.
The officer did not write my full name on the ticket.
For a few minutes I wondered if I could get out of it,
but I realized that I was speeding & I got caught,
so I suffered the consequences and paid the fine.



What would mom do?



*edit - truth-be-told, i got more than 1 speeding ticket in Florida ... seems I have a lead foot like my momma
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Last edited by STeed; 08-04-2003 at 07:49 AM.
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Old 08-04-2003, 08:42 AM   #8
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My 17 year old son just got a speeding ticket. He was looking for ways to get out of it. I simply asked him if he really was doing 48 in a 35 zone -- he admitted he was. I told him to pay the fine and plead guilty, as that is what he was. I don't view this as a game to try to get out of something.

My $.02 ($.035 in Canada).
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Old 08-05-2003, 08:06 PM   #9
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Kevin, I think you have got the right idea. Sounds like you may have some of that fatherly wisdom from the Andy Griffin Show. If you are willing to break the law you ought to be man enough to except the penalty.
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Old 08-06-2003, 04:02 AM   #10
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Quote:
Originally posted by Kevin
My 17 year old son just got a speeding ticket. He was looking for ways to get out of it. I simply asked him if he really was doing 48 in a 35 zone -- he admitted he was. I told him to pay the fine and plead guilty, as that is what he was. I don't view this as a game to try to get out of something.

My $.02 ($.035 in Canada).




As I get older I realize I AM to be held accountible or my actions and if I'm caught speeding I daggone better suck it up and take the ticket, NO ARGUING and if I DO go to court to try to get a reduced sentence (almost always can get a reduction by simply showing up and not saying a word) then I tell the judge I was guilty and ask for their mercy........No convictions in 9 years


But only RECENTLY has God really burdoned my heart to slow down (hence WHY I sold my TLR and am getting a sport/touring bike later this month)

But I say no matter WHAT....you do the crime, you do the time!
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Old 08-07-2003, 12:08 PM   #11
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Quote:
Originally posted by CasterTroy



As I get older I realize I AM to be held accountible or my actions and if I'm caught speeding I daggone better suck it up and take the ticket, NO ARGUING and if I DO go to court to try to get a reduced sentence (almost always can get a reduction by simply showing up and not saying a word) then I tell the judge I was guilty and ask for their mercy........No convictions in 9 years


But only RECENTLY has God really burdoned my heart to slow down (hence WHY I sold my TLR and am getting a sport/touring bike later this month)

But I say no matter WHAT....you do the crime, you do the time!
I agree totally with this philosophy. I am responsible to the community around me when I drive recklessly so I should be fully aware that any ticket is something I do deserve.
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Old 08-07-2003, 12:12 PM   #12
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Here's a ? for you guys though. My brother was just in an accident recently on his 85 Interceptor. He was in the hospital for one night, but is fine now.

Five days after the accident, the cop shows up at his house to give him a driving too fast for the conditions ticket. We weren't speeding, he just hit a patch of gravel on a corner.

If that wasn't bad enough, the accident happened on July 15th and the ticket is still not registered in the counties system. I wonder if the cop changed his mind again or what's going on. Noone else was hurt in the crash, and only the bike was damaged. The cop told me at the scene that there'd be no ticket, just a report for insurance. I wonder what the point of the ticket was to begin with, and now it seems that noone really cares about it at the county.

It's just a weird situation.
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Old 08-07-2003, 05:15 PM   #13
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Don't ever tell this guy to be responsible for what he does. http://www.cycleforums.com/forums/sh...threadid=41722 That is unless you want to get flamed.

XB

I had to laugh after reading the csba side of things.
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Old 08-07-2003, 05:56 PM   #14
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if there are no identifying numbers on said ticket, there'd be no way to subpena the cop to show up to court - not being able to call the only other witness should lend to your favour. Some traffic attorneys give free initial consultations...check them out.

I wish God would get on ppl's heart to KEEP THE HELL OUT OF THE LEFT LANE unless they are passing!

That's one law a LOT of people in Washington have no problem breaking
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Old 08-07-2003, 06:39 PM   #15
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Quote:
Originally posted by xb9r
Don't ever tell this guy to be responsible for what he does. http://www.cycleforums.com/forums/sh...threadid=41722 That is unless you want to get flamed.

XB

I had to laugh after reading the csba side of things.
XB,

I read the Northwest thread and I have an opinion.
If you'd like to hear it, let me know here or in PM.
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Old 08-08-2003, 01:45 AM   #16
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Unhappy Hmmm....

Quote:
Originally posted by CasterTroy
....As I get older I realize I AM to be held accountible or my actions and if I'm caught speeding I daggone better suck it up and take the ticket, NO ARGUING and if I DO go to court to try to get a reduced sentence (almost always can get a reduction by simply showing up and not saying a word) then I tell the judge I was guilty and ask for their mercy........No convictions in 9 years

But only RECENTLY has God really burdoned my heart to slow down (hence WHY I sold my TLR and am getting a sport/touring bike later this month)

But I say no matter WHAT....you do the crime, you do the time!
The ONLY problem I have with that is the matter of where you are.

In some places, I know full well the cops are out to do "revenue generation," and that's an ungodly use of the law for illicit proffit. In places like that, the whole go to court thing is an insult because you know the cops and judges are crooked.

Especially when you see some of the "traps" they set up....going from 55 to 35 in 30 feet or deliberately labeling a place a construction zone with an intolerable low speed limit (25 when it easily should be 55) just because they know people in a rush will risk going faster. This bothers me. Not that I speed (as the 421 crew will joke about), but I can take a ticket better when I know I was wrong and the cop's just doing his job vs. revenue generation.

The drawback of being a Christian with a legal education is that you KNOW the illicit ends for which human law is designed. Hard to be in submission to such godless law and be content about it.
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Old 08-08-2003, 04:13 AM   #17
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Re: Hmmm....

Quote:
Originally posted by Baby Gorilla
In some places, I know full well the cops are out to do "revenue generation," and that's an ungodly use of the law for illicit proffit. In places like that, the whole go to court thing is an insult because you know the cops and judges are crooked.

Especially when you see some of the "traps" they set up....going from 55 to 35 in 30 feet or deliberately labeling a place a construction zone with an intolerable low speed limit (25 when it easily should be 55) just because they know people in a rush will risk going faster. This bothers me. Not that I speed (as the 421 crew will joke about), but I can take a ticket better when I know I was wrong and the cop's just doing his job vs. revenue generation.

The drawback of being a Christian with a legal education is that you KNOW the illicit ends for which human law is designed. Hard to be in submission to such godless law and be content about it.
I agree.

My former supervisor got 2 tickets in the same little city
both in the same week - about 2 months ago.
I drove him out to the area for lunch a few days later
and there were LEO's EVERYwhere.
Had people pulled out of cars, against cars,
marked cars, unmarked cars, you name it.
It was like a little circus.

My supervisor went to court for the first ticket
and said the LINES were UNbelievable.
Out the door and around the building.
He spent all day out there (twice).
Revenue-generating-machine this operation was.

I've heard several stories from hardcore sportbike riders who get hasseled.
I'm not saying they're all true, but I know some of them are.

There are crooked people on both sides of the law.
It is unfortunate, however, when police abuse their power.
My roommate got pulled over for "speeding" in one of his hometown neighborhoods.
He said he wasn't - and I believe him to this day.
Told me the officer was very arrogant in the fact that
he was going to give my friend a ticket
and there was nothing he could or was gonna do about it.

On the flip side of this, there are honest, merciful officers.
When visiting North Carolina for the first time last summer,
LytSpeed and I were hauling butt home from a long day of riding.
He told me "Let's haul @$$ home." so I did
Well, I was leading and admittedly speeding,
we crested a hill and the trooper was up on the embankment on the edge of the trees
The FIRST thing he said when we were pulled over on the side of the road
was "Thank you for stopping. I know you guys coulda outrun me."
I was shocked to hear this. He was stern, but appreciative.
He did not write us up for the full amount of the transgression,
and grateful I was indeed.
Welcome to North Carolina son, now go park your bike!
That didn't happen, and thank God.
Sometimes you get spanked, sometimes you get reamed, sometimes you get hassled.
It's a personal decision how to handle your situation.
If I was being hassled for something I didn't deserve, then I'd t take'em ta court.
Each man has his own convictions and his own choices to make.
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i was wrong for thinking i could not prevail..

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Old 08-08-2003, 11:40 AM   #18
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Quote:
Originally posted by xb9r
Don't ever tell this guy to be responsible for what he does. http://www.cycleforums.com/forums/sh...threadid=41722 That is unless you want to get flamed.

XB

I had to laugh after reading the csba side of things.
Crickey man!! Those guys were happy to hear your opinion, eh??!!??

Those wouldn't be the same people who get us hassled for "only doing 10 over" all the time, would they?
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