I was traveling north bound thinking about work and got lost in the openness of the empty road ahead of me and behind me. I didn’t realize that I was speeding until I saw a car coming at me I guess my reaction time wasn’t fast enough to slow down to a reasonable speed to pass the on coming car safely, it turns out that the on coming car was a Kansas High-Way Patrol Officer.
Now I’ve never had a Speeding Ticket before, this wasn’t the first time I was speeding, I have to admit, and I have a clean record. What can I do?
I want to fight the ticket, for the cops Radar Accuracy, however I don’t think that will save me, unless I know what he had to be sure of if it’s worth fighting that or not.
I also want to fight in my defense for inattentive driving and take a defensive drivers course, to be eligible for diversion to protect my family from higher insurance rates.
I also feel that the cop had been Illegally following to close to my car without having his lights turned on. He was half a car length at best from my rear end while I am traveling, at this point, 65mph on a 65mph speed zone, should I have wanted to and or needed to stop my car for any reason I would have then had to endanger both my life and the officers life for his innate need to follow that close without having his lights on. It’s not hard to read a Tag on a car or any vehicle from a proper 2 seconds away.
I do know this for a fact as I’ve got 20/20 vision and I play the license plate game with my dad and we spot license plates a good semi’s length away with proper accuracy to be able to read the letters and numbers without missing a beat. The officer should have been able to do the same.
This is where I feel that I should be the strongest point to make in my case. I know that it’s the officers word against mine, but I am going to ask the attorney that is defending me, to bring up this and should the officer deny this wrong doing I will request the dashboard cam of this officer as to prove to the judge that it was unnecessary to be that close to read the license plate. I would also like to request an eye exam to prove to anyone that there is no need to be that close.
I was speeding, I slowed down, I apologized, I was distracted by a job that I’ve just gotten hired at, and the biggest fault of mine was that I cannot know when i started to speed, because it was a 10mile stretch at 65 mph that I had gotten my car up to 105 before getting pulled over at the halfway mark. Do I think I was going that fast? Not that i can recall. What benefits do I get out of speeding? None, as It’s pointless for me to speed when im 5-10 minutes from my destination, I don’t get an adrenaline rush from speeding, it was a straight high way with no cars without what i would have to say .25 miles of my location at the spot I was clocked at other then the officer and I. Especially in my lane of traffic.
If you’ve read all the details you should know that I was going 105mph in a 65mph at the half-way mark of a 10 mile stretch, while the cop was going south-bound and I was going north-bound. I was slowed down to 65 as the officer had pulled around and started following me, eventually getting up to a half of a car length at best away from the back of my car before even turning his lights on.
40mph over = no diversion
and a possible charge in court for Wreck-less Driving.
Which in Kansas Could earn me a 1 Way trip to Jail for 5-90 days in jail and/or paying a fine of -0 on top of what the ticket costs.
What shocks me:
I should’ve gone to jail, or had my license taken on the spot. The only thing the officer did was keep an extra copy if my insurance card by what I believe to be an accident.
I would like to know specific models so that i can look up the accurracy reports myself.
I’m not making up excuses like being distracted by work.
If you have ever been driving and thought about something else other then driving on the road then you can be labled as innatentive. I also would have to bring up that if you drive long enough on a far stretch of road that you travel constantly and you do not do things to distract yourself back to the driving on the road you become lost in this state of highway hypnosis where your subconcious takes over driving, while your concious is left free to think about anything you choose. You start to not realize what you’re doing, speed changes and drifting. This is the cause of most tickets on the road today. With some of these tickets being intentional speeding. It’s hard for the officer to determine the difference, which is why it’s left for the court to decide. I do however think i stand a chance to get it reducced and not annulled.
Did not bother reading your tale but to answer the question, yes.
Radar, Lidar, Vascar and the officers own estimate are all good in court.
when you go into court to fight this DO NOT use ‘I was thinking about work and/or got lost in the openness of the empty road ” that just sounds like you are lying and making excuses..
and a cop can follow you for how ever long he wants with out turning his lights on and he can follow you as close as he wants to.. crappy, I know but not much you can do about it..
and most cops are trained to be able to tell a person is speeding, that is their job.. so yes, he most likely could have been able to tell you were speeding from the other directions,, and he also could have had a radar gun on you to be able to tell you had been going 105 ..
1. If you think the cop should have taken you to jail or license taken away why fight it? The officer and the judge will remidn you what he could have done instead just issuing the ticket.
2. If the cop didn’t rear end you when he was behind you then you have no case and no way to prove it even if you did it doesn’t matter because he has to get your plate and car make/model before pulling you over as well as notify dispatch and make sure you are not trying to hide anything. The endangering part that you stated is worthless when it comes to you telling a judge or a police officer that
3. Again going that fast is pointless, by the time a police officer sees you it is too late as there radar reads up to a mile away. If the officer saw you before his radar picked it up ( because remember as you say he has good vision ) he can determine your speed and since he is state certified his word wins.
4. I really would enjoy this case if I was the judge because I would really get a good laugh out of it and then fine/suspend if case is warrented.
Just pay the fine and don’t try to act like a lawyer
Now that you have written a novel, that nobody wants to read, the bottom line is that the cops use certified instruments, and are prepared to be challenged on them in Court. They bring all of the documentation with them.
The other thing is you have a responsibility to remain attentive to the road and watch your speed, so any excuse you try to make about that will only piss of the Judge. It doesn’t matter if you “had no reason to speed”. Speeding doesn’t require any requisite intent for conviction. You were either speeding, or you weren’t. There isn’t room for a lot of BS in the equation.
I suggest you hire an attorney (and don’t try to play perry mason yourself, you’ll only get screwed in the end that way). See what kind of deals you can make (plead guilty to a lesser speed etc?) and take what you get. There is no possible way that you are going to beat the charge.
And, the cop did nothing wrong by closing his distance with you before hitting his lights. At the speed he got you, he had to make sure he was up close enough to see your tag before he hit his red lights, in case you took off when he did.
The speed gun uses either radar or lazer to measure the decrease in distance-between you and it-per second. So, if it’s aimed at you and is properly calibrated it’s accurate.
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Well the modern police is equipped with latest gadgets and weapons. They have laser guns deployed on road side on which they can view your speed on which yo0u are traveling. So the answer to your question is yes.