Speeding Ticket -- I'm fighting this one.

**Preston** · 09-23-2009, 01:15 AM

Hey, it's me.. you know, the crazy guy who regularly BIKES 20 miles each way commuting to work. Well, guess what? I got pulled over on the way home tonight.

I'm so used to drawbacks and BS to deal with from having to get out of debt that I didn't unload on the officer, but I wasn't happy either.

There is a stretch of road that has rolling hills. When I bike this I get up to speed and coast and then it carries me for a lot of the way with minimal effort.

When I drive (manual transmission) I put the car in neutral around the speed limit and just coast along this stretch.

I drove to work tonight due to schedule changes. It's a little after midnight. I am the ONLY car on the road (except, apparently, the cop). He clocks me going downhill, saying I really 'gunned' it to 40 when he had me in the radar. I told him the car was in neutral. He said "Yeah, right!"

He gave me some papers about the 'convenient' way to pay this ticket. I made a new years resolution this year not to tell anybody to "Go F Yourself" this year. I almost broke on it, but decided this jackass wasn't worth the honor.

I figure I will have to now video tape my speedometer with the car in neutral along this stretch to prove my point, but there are a few other things I picked up on.. and my initial defense. My court date is a week away, so I don't have too much time to prepare for this.

Descrepancies In the speeding ticket vs. what happened.

1) First of all, the car was in NEUTRAL

2) The ticket claims was clocked going 40, but when I was pulled over the officer said he clocked me at 36.

3) The ticket claims it was raining, it was NOT raining at the time of the traffic stop, although it had rained earlier that night.

4) The ticket cites light traffic, there were NO other vehicles on this road while I was on it.

5) I drive my car in NEUTRAL along this stretch, it is a four cylinder with a check engine light on, there was no way I was gunning it, as the officer claims.

6) My main form of transportation is my bicycle, I am more alert than the average driver.

7) The only person put in any danger because of my driving habits in this incident is myself and I have driven over 300,000 miles in the past 10 years. I have NEVER been at fault in any accident.

8) I work nights and I was fully awake and alert when this happened.

9) The court date that is listed says Sept 30, 2009 at 10pm. The officer didn’t even take the time to properly circle the correct time of day, as I doubt the court is open at 10pm.

10) Even when I travel this stretch in daylight, I hardly see any traffic.

**mauimagic** · 09-23-2009, 01:23 AM

What a pain in the derriere!! Better check and make sure the court isn't for 10PM - some places are strange you know!!

Let us know how it goes - you sure have the facts on your side. if you can refrain from going off on anyone - you have a great chance!!

**frugalfranny** · 09-23-2009, 01:32 AM

Whew.....but if you were speeding it could be a tough one....in neutral or not.

One thing I have read is that you need to see when they last 'calibrated' (or whatever they do to the radar guns) the radar gun.....but maybe you should have asked him then.

Good luck........let us know how it goes......

**Luckybustert** · 09-23-2009, 01:44 AM

Good luck with this, but remember....it's all about the revenue and it's your word against the officer's and there are no other witnesses to back you up. From their perspective, everyone has an excuse and the judge has probably heard them all. Hopefully you'll get lucky and the officer won't appear in court, but even then....it's still all about the revenue. Sorry this happened to you. I got a $200 ticket last year even though there were cars passing me left and right but I'm the one he pulls over for speeding. Why? I'm pretty sure it's because I had a newer truck and looked like I could afford the fine. This particular jurisdiction has since gotten into a bit of hot water over some of their tactics.

**Preston** · 09-23-2009, 01:44 AM

A big difference between myself and the average driver is that the average driver NEEDS their license.

Worst case scenario, I could just throw my license at the judge "I don't need this stupid thing anymore." Might not be the most rational thing to do, but there probably aren't that many people who would be able to do this.

**Luckybustert** · 09-23-2009, 01:48 AM

Originally Posted by Preston

A big difference between myself and the average driver is that the average driver NEEDS their license.

Worst case scenario, I could just throw my license at the judge "I don't need this stupid thing anymore." Might not be the most rational thing to do, but there probably aren't that many people who would be able to do this.

It's never a wise move to piss off a judge. This would definitely be a good time to watch what you say and how you say it....not the time or place to speak in anger.

**Preston** · 09-23-2009, 02:08 AM

the is more than i paid for the car.. there should be a law against this

**Greebo** · 09-23-2009, 05:03 AM

Was 36 speeding?

**Preston** · 09-23-2009, 05:39 AM

speed limit 25. like I said. It goes from 35 to 25 and I coast through it slowly losing speed in the process, however there is a hill that I usually gain about 10mph. hence...

**mea772** · 09-23-2009, 06:17 AM

Sounds to me like the officer was half sleeping!

Hope with all the discrepencies, the judge throws it all out of court.

**MTS04** · 09-23-2009, 07:56 AM

Hmm, 36mph is 11mph over the speed limit if it was indeed a 25mph zone.
No other cars besides yourself would equate to light traffic as your car is considered traffic.
Contest it, but you were speeding if the above is true.
Throwing your license at a judge? Completely disrespectful. Driving is a privilege, not a right so choose your course of action wisely.

**Greebo** · 09-23-2009, 08:40 AM

Originally Posted by Preston

speed limit 25. like I said. It goes from 35 to 25 and I coast through it slowly losing speed in the process, however there is a hill that I usually gain about 10mph. hence...

Check again - you didn't say, that's why I asked.

So whether you're coasting or not, you were speeding. When you go to court, don't get belligerent, admit that you may have been over 25 but you were coasting to save gas and the environment, and were slowing down thanks to friction, just not actively braking. Point out the number of errors on the ticket, and if you're lucky you'll get a fine no points.

**JoJoBean8** · 09-23-2009, 08:46 AM

I understand you being mad but neutral or not if you were going 36-40 and the limit was 25 you were speeding. No matter how often you do or how livid it makes you the officer was in the right since you were speeding. It really is a shame I know and I would be mad to but if you were speeding and you were caught you have no real defense.

**miss_thrifty** · 09-23-2009, 08:46 AM

let us know how it goes. I agree with greebo.

**2ndGenGranola** · 09-23-2009, 08:47 AM

If you want to win this one, you must completely keep your cool. Some judges would fine you for throwing you dl at them and your little speeding ticket could then end up with a comma in it. In your most professional attitude point out all the errors. Even have a pic of your car and maybe even proof that you couldn't gun it if you wanted to.