I got killed...by a cop....

[mountainlander]

I had a very strange, and a tad frightening experience yesterday. I was headed back from lunch on Walnut Hill in Dallas, it's a 3 lane road, and I was in the center lane. As I approach a long straight away, a Lexus SUV comes roaring up behind me, and then jumps to the left lane to go around me. The speed limit was 35, and I was speeding, probably going about 43-45. This Lexus was going WAAAY faster than me.

Suddenly a cop steps out into the road from a side street, waving us down. I hit the brakes thinking, "good, that Lexus is driving like an idiot anyway." Except the officer waves ME over to the side.

He comes to the window and asks me, "Where's the fire?" I told him that I knew I was probably speeding, but that the Lexus behind me was driving like a bat out of hell. He ignores me, asks for my license and insurance. Then he proceeds to tell me he clocked me at 71 in a 35.:blink: I told him there was simply NO WAY I was travelling that fast, that he must have clocked the Lexus rather than me.

"Step out of the truck sir."

He pulls me back to the back of the truck and then starts peering through all the windows in the truck and walking around the truck. He comes back and tells me that he would be citing me for speeding, no registration or inspection (just had a new windshield put in and the stickers were in an envelope in my console), and no front license plate.

At that point I said, "Wait a minute." I showed him the stickers. Then I told him I had a good friend on the force, and that the only time an officer was going to write a front license plate ticket was when he felt like somebody was giving him the run around. I told him I sincerely thought he clocked the wrong vehicle, and that I wasn't trying to be a jerk about it. Then I explained to him what had happened that made me think he got the wrong guy.

He went and sat in his patrol car, ran my info. Then he comes back and tells me he's writing the ticket for 59 in 35 so I'll be able to take defensive driving!!!

So, in short, I was speeding, but not 59 in a 35, and DEFINITELY not 71 in a 35. I don't know what to do here. Don't know whether to go to court and hope he doesn't show, or just suck it up and take the ticket.

Sucks.

He got me on radar rather than laser, and I KNOW those things auto acquire the fastest moving object out there. So he could have aimed to clock me, and then as the Lexus pulled around me the radar jumped to him. Problem is it's my word against the officer's, and everyone knows how that ends up. It's not like Mr. Lexus is going to come testify on my behalf. Somebody in a light blue metallic Lexus SUV got a free ride yesterday.

[Rodslinger]

Sorry to hear that man but I'd probably take the defensive driving - ONLINE.

[stump0331]

ew man that stinks i hate to hear it,

yur probably gonna have to eat this one, its gonna be hard to prove otherwise

[ABOBB]

I'd say you'll have to eat the speeding ticket... don't really see any way around it. It's probably a lucky thing that he let you show him the stickers, and that he wasn't a jerk about the front plate. Some cops seem to get an attitude.

[Big AL]

That's a bad deal! I've been the innocent party twice. One of the times was outside a small Mississippi town - I was at the tail end of fast moving traffic - about 6 or 7 vehicles. I didn't even try to argue about the other cars (this looked like the wrong place to get in trouble). The other time was in Louisiana on I-10. I was only keeping up with the traffic. However, I was able to get that citation discarded. I guess that if you travel fast with other vehicles - DON'T BE THE SLOWER ONE!!! LOL

[Banshee34]

That sucks!!!!

But I'm with everyone else, opt for the defensive driving....

Do you have the option of going to court and pleading guilty, not guilty or no contest though?

[bigcountrysg]

I would be going to court over that ticket. I would be getting a lawyer to go with me too. Even if you pay 1,000 dollars for the lawyer. Think about the points on your license. Then your insurance rates going up for at least the next 2 years if not longer. In the long run paying a lawyer 1,000 if that is worth it. Especially if the cop car has a video camera in it. It is possible that the lexus flying by you is on that tape. The speed recording is on that tape too. So if that lexus did fly by you and got clocked doing an outrageous speed on film. The judge will have to put the judgement in favor for you. I never bow down to a speeding ticket especially when I know I was in the right.

[Tx_Atty]

From my experience prosecuting these things in the past, you can only hope to beat it in court if there was an in-car camera rolling at the time. If he was a motorcycle cop then obviously that option is out. If you contest and lose, you can no longer take DD. Stinks but that is the system we have.

[Fat Tony]

There are a few ways out of this.

A: Call his department, ask when is HIS vacation time. Nine times out of ten, they'll tell you without any questions. Why? because you make a court date DURING HIS VACATION. He doesn't show, you win.

B: Can't get his vacation scheduele? Go to court, do a written declairation rather then a personal appearance. Why? When you physically go to court, if the officer does not show up to court he is docked a days pay, so he is going to show up. When it's a written declairation, the officer is NOT required to write to the judge. Cops hate paperwork. In your written statement, describe what happened. Pull a DMV report on your licence if it's clean use that as your defence. Take a few photos from your truck of where you were, where the cop was (when you take extra effort, time and money to prove something to a judge, he will give you more points for it).

I haven't had to pay a speeding / moving violation ticket in 8 years.

[Tx_Atty]

It doesnt work that way in Texas. We can convict on a ticket with or without the officer present. Judges tend to give the officer's version a LOT of deference. The worst part is that these tickets are usually heard before a Justice of the Peace; the only judge in Texas not required to be a lawyer (and therefore probably knows nothing about rules of evidence or procedure). I spent 2 years working these things and the one virtually uniform guarantee I can tell you, that I saw, is that a pro se defendant contesting a ticket was a guaranteed loser. The JPs are typically retired officers from one area or another.

Defensive driving is faster, easier, and cheaper than contesting it.