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Speeding ticket with no evidence

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Old 07-13-2006, 10:32 PM
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Default Speeding ticket with no evidence

I just got a ticket on the way to my parking lot saying 'unreasonable/imprudent speed'. I told the officer that I was going around 30-35, but she told me that I was going at least 40. Honestly, I'm not sure how fast I was going but I don't think I was going that fast, I wasn't paying attention to speed because I was just thinking about parking the car, all I remember is seeing a 35 on speedometer at some point. She said she didn't get me with a radar and the ticket has no speed recorded on it. I don't even know how she came up with the number but the fine was $198.60. According to a leaflet she handed out kindly with the citation, it says there is a minimum of $156.20 ($30 forfeiture), so I have no clue where the other $42.40 came out of. I planned on leaving to HK on 15th but the court date is 11th, I don't know if I would be required to show up twice in order to drop the fine, like it happened on my past 'light motor vehicle noise' ticket. Oh the speed limit on the road was apparently 25mph, I drive by it often, during night, she told me the speed limit sign is all over the places but I found one, in a shaded area which is difficult to see. I swear, I get the weirdest tickets anyone can get, while not getting any regular speeding tickets.
Old 07-14-2006, 12:20 AM
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First of all, you should have asked to see the radar or laser gun. They must comply and show you. If they don't have any evidence to prove that you were going over the speed limit, I believe the court will drop the ticket completely. Personally, I think it was stupid, mean, and pointless to give such a ticket. The officer was most likely targeting you. I get trailed ALL the time by cops (some even making u-turns to follow me), but have never gotten a ticket . . . Mostly becasue I go exactly the speed limit.

Now, If the limit was 25 MPH, and you were going 35, it would be a bit hard to prove without an actual reading from the gun because the speeds are fairly close. If you were going 60 or 100 MPH, well, that would be another story. Any idiot can tell the difference there.

Go to court and fight it! Beat it to death that there was no proof. The fact that there is no speed recorded on the ticket should be the biggest part in your favor.
You'll be in there forever and a year, but sometimes it's worth it.

. . . But on the other paw, there are some judges who are complete jerks as well.
Old 07-14-2006, 04:48 AM
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Originally Posted by Mountain-man,Jul 14 2006, 02:20 AM
First of all, you should have asked to see the radar or laser gun. They must comply and show you. If they don't have any evidence to prove that you were going over the speed limit, I believe the court will drop the ticket completely.....
WI cops are NOT required to show you laser or radar speeds. They don't have to comply with anything a citizen asks of them while they are on duty.

The burden of proof is unfortunately on the cited driver.

Jeremy, my advice to you is to just hire a lawyer. Pay around $150 to get yourself out of the ticket.....the way I see it is that if you're going to pay, don't let the state get your money.

BTW, if you're leaving for HK, why even pay or show up for court? As a non-citizen, you don't have a social security number, right? How is an American debt going to affect your credit standing as a foreign national? If you don't plan to live here in the states after you leave...I wouldn't even bother.
Old 07-14-2006, 08:51 AM
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Thanks for the kind replies,

I did not even ask for proof, the officer just told me that she did not use any form of radar as she 'got' me going south while herself was going west to east and was not fast enough to react.

I will goto the court, and I might hire a lawyer, I'd rather pay someone who is willing to help me, rather than to pay a fine I don't deserve. Only problem that I am worried about it is that from my experience and hearings, it usually takes two visits to completely drop any tickets, no matter how stupid the ticket was. They first offer some sort of discount (reduced fine, and sometimes reduced points), then next time if they review and find it to be a misjudgement from the officer, then they would drop it (usually a month after first court date). Also, there is a slight chance that they would not drop the ticket. I will be free for the entire day of the court appearance date, but if there is the '2nd round', most likely it would be a month after my anticipated leave date.

I do have a social security number, as work only, because I used to work on campus (has a lot of restrictions on hours and where I can work, but still need SSN). If I don't pay and don't show up to court, my license would be revoked, and maybe put on warrant, which could affect me if I decide to visit friends (like you guys), or maybe even decide to move here permenantly in the future.
Old 07-14-2006, 10:03 AM
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Originally Posted by Luder94,Jul 14 2006, 07:48 AM
As a non-citizen, you don't have a social security number, right? How is an American debt going to affect your credit standing as a foreign national?
US residents have SS #s - the only rights being a citizen affords you over residency is the right to vote.

I would pay the tickeet - If he doesnt and then gets issued a warrant against him, he could be arrested upon re-entry to the US next time.

Im not sure about WI, but I know some states allow cops to write tickets based on perceived speed, without the need for a radar or laser.
Old 07-14-2006, 10:53 AM
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Originally Posted by Luder94,Jul 14 2006, 08:48 AM
WI cops are NOT required to show you laser or radar speeds. They don't have to comply with anything a citizen asks of them while they are on duty.

The burden of proof is unfortunately on the cited driver.

Jeremy, my advice to you is to just hire a lawyer. Pay around $150 to get yourself out of the ticket.....the way I see it is that if you're going to pay, don't let the state get your money.

BTW, if you're leaving for HK, why even pay or show up for court? As a non-citizen, you don't have a social security number, right? How is an American debt going to affect your credit standing as a foreign national? If you don't plan to live here in the states after you leave...I wouldn't even bother.
I'm not sure paying a lawyer is any better than paying the state. The flipside is that if you hire a lawyer, he/she can represent your interests at a second hearing if need be.


Personally I would document the road conditions (absence of obvious signage) and fight it in court. Wisconsin's laws are pretty goofy but this is clearly a case of "I felt like giving him a ticket so I did". If the judge doesn't immediately dismiss the fine, pay it and not worry about it.
Old 07-14-2006, 04:59 PM
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Prior to the court date, you could call or go in person and speak to an Asst. Dist. Atty. or court clerk, who may be able to reduce or recommend a dismissal. Explain your situation about leaving, etc. and they might grant it.

Bryan was given a ticket for 83 in a 55 near Monroe WI. Long story short, he called the courthouse, and they reduced it to some sort of non-moving violation and it only cost about $50. Of course this was a very small town/county, it may be different in Madison. And Bryan can sell snow to an Eskimo if he puts his mind to it.
Old 07-14-2006, 06:47 PM
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I will pay the ticket at the last moment if there is no way around it, I'd rather pay 200 and get 4 pts on my license (which would be meaningless for me now) than being issued a warrant.

Lawyer would be meaningless to me, if it doesn't help me end the case on the first court date, which seems to be the case.

Today I went to ask some questions to a court clerk, and it seems like I can either just show up on the court date or file a dispute, but it won't be reviewed until the court date. Since I can make it to the first one, there would be no point. Also it seems like I can't talk to a DA prior to the first court date. However, I did find out that I can apply to have the second hearing on the phone, but after the first appearance of course. It seems like I will have to wait for that day anyhow.
Old 07-15-2006, 09:07 PM
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Originally Posted by Mountain-man,Jul 14 2006, 12:20 AM
First of all, you should have asked to see the radar or laser gun. They must comply and show you.
Oops! Sorry, my bad. I actually just found out that WI cops can give you a ticket without having caught you on the radar or laser. (no, I did not test my luck) They are concidered "experts" in gaging speed, and therefore can issue a ticket. I am not aware of a statute that states that they don't have to show you the readout if they do catch you. Last time I got a ticket, I asked to see the readout on the gun and know the calibration date, and the officer gave me both pcs. of information without question or complaint. That will be something I'll have to look into.

I'd still fight it in court. The speed diference was not all that great, and my guess is that they would probably drop it. . . . But again, sometimes they can be jerks.
(Someone I know got a ticket for 1/2 mile over, and the judge said "Pay up.")
Old 07-16-2006, 09:14 AM
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#1 in WI pay your fine before it is due and fight afterward if necessary. One you can't register a car again in the state or get another license.

#2 the next time you are picked up, do you really want to sit in a jail for any length of time?

#3 fines will double and then triple and then more if you don't pay them. I got a parking $10 ticket in the 80's in Madison, ended up paying $60 by the time I needed to register my car. Also all the states are now sharing information like this electronically. Even if you move to another state, they will be on you.

#4 courts in WI and esp Madison will rule in favor of the driver many times, esp in a case where you can say under oath that the police officer was wrong (which if you are lying is a much bigger deal than a $200 fine).


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