Grind Caught Speeding, I need advice, where are all the legal guys at?

B

BRUTALITOPS

on indefiniate mod break
Contributor
Quick note before I begin:

I would prefer responses that amount to more than mere speculation. Any past history or experiences that you can help me out with will do just fine.

Here is the deal:

I was driving in rhode island.

I was in fact, speeding.

The police officer seemed like a nice guy. He comes back to my car, says he clocked me at 84 miles an hour, but was only going to charge me with a 70 in a 65. (Supposedly this saves me about 300 bucks according to him).

The ticket says my "actual speed" was 70. Next to it though is a box that says "police use" which states 84... I have no clue what that means.

Immediately when he gave me back the ticket, my bullshit alarm went off. Is this guy really being that nice and cutting my speed by 15 miles an hour because he is just a swell guy?

I'm figuring he just doesn't want to/can't show up at a trial date, and would rather make me think I am getting a break so i will just pay a 90 dollar fee and move on.

Maybe he just saw me going fast but his radar couldn't be locked on well enough, and thus has no solid proof.

So here is my delima. I figure if he has me at 70 I could probably contest this and get out of it entirely. But I am also worried that if I do make a big deal he'll come back and say "he was actually going 84, charge him the max"

Truthfully, I don't care at all about the fine itself, it's the insurance going up that I don't like.

A) Can an officer literally write down "Actual speed" as 70 miles an hour but then come back and say later, if i choose to contest it, that it is higher.

B) what do you think this officer's motives are?

C) what do you think I should do?
 
* please keep this thread serious, in return everyone that keeps this thread serious will earn one veto power point which they can invoke so that I not screw up one of their threads*
 
I'm not in the US, let alone Rhode Island so I can only make some very general observations.

A. I would think not. You need to read the citation and check its language. I would think that an allegation of a certain speed in the citation will be the same speed alleged in court. If it was bumped up to 84 mph then it may well be an abuse of process (again I stress, I know nothing about RI law). If that happened to you and you weren't lawyered up you'd need to ask for an adjournment to find out why the speed was bumped up from the speed on the ticket. Remember you have that ticket, it alleges 70 mph so that should be that.

B. He could just be a good bloke. I would have pinched you for 84. At that speed I'd have pinched my grandma and I'm not even a Traffic Nazi (I hate traffic work). There's probably nothing in it for him. He could be cutting you a break.

C. Do an analysis. If you pay the fine on the ticket is that it? Do you get demerit points on your Mass. licence? If you don't get demerit points on your d/l then that could be a benefit of paying the citation. If you do get demerit points then it's neutral so keep on thinking.

If you plead not guilty will you need a lawyer? If you get a lawyer and win do you get your court costs paid for you by the prosecuting authority? If you get a lawyer and win do you have to pay for your own costs?

If you plead not guilty and defend yourself do you know what you're doing? If you are found guilty in court will the fine be higher than the citation amount?

That's all I can think of right now.
 
You broke the law, so take responsibility for your actions and pay the reduced fine, and consider yourself fortunate.
 
My only comment is , Personal Responsibility.
In some states they can take your liscense for going X amount of speed over the speed limit.
 
It shows that he doesn't like the court dates, he gave you a ticket to slow you down.

If you fight it he will indeed take it up to the full 84MPH, that is what "Police Use" is all about. It also shows others that pull you over what actual speed you were going when he gave you a ticket.

However. My advice is to take it to the DA, and see what they will drop it to. It may be dropped to a non-moving violation in order to get you to plead guilty. In other words don't just pay the fine by mail, show up on the court date and see what the DA offers, it will likely at least reduce your points. If they don't reduce it take your medicine, taking it to court will likely make it worse for you.
 
He can come back and tell the judge you were actually going 84. I am not sure if Rhode Island allows him to come to court on the court date and ratchet it up after he officially cited you for 70. But the judge WILL hear that were going 84. Here is what I would try to do for you. I would contact the officer and ask him if he would be willing to defer the ticket for 90 days. In exchange I would offer to purchase a child seat for a local organization that provides those sort of things free. It works here in NM and it works in west texas. It usually works everywhere. I have actually come to court on my own ticket with the car seat alread purchased. That way it stays off your insurance. There are ways to defeat radar, but you have to have the calibration records and the police agency has to have been lax about maintaining and calibrating. Mosts states allows cops to make best estimate speeds. He could come back and say that his radar got you for just a second but didn't lock or whatever. I think the cop really is trying to be nice and DOESN'T want to waste time litigating a traffic ticket. But my experience is he will if you want to push it.
 
Well on the ticket it does say that I guess I was going 84, while at the same time saying that my actual speed was 70. Do you think if I went to the day and to court to see if they could keep my points down that I would be pushing my luck, seeing that they could just look at the ticket and realize that I've already been cut a break? What are your thoughts soc?
 
Well...Grind you did admit..............

on this thread that you in fact were speeding...the officer gave you and he a break...most do on speeding tickets...your speed was 15mph over the limit...in which case the officer would have to book you for reckless driving!
Alot of paper work and time involved for booking...so take the ticket and learn a lesson! Going to the DA would not help in a large county/city it could in a small community if you are known...otherwise fighting it will most likely bring the reckless citation upon you!
 
That "police use" thing is interesting. Not making invidious comparisons but it wouldn't get a look in here. If I allege a speed then that's it, no mucking about, I have to prove it. :confused:
 
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