I got luck twice as far as tickets went at the rally, the first was burning though the twisties in the Black Hills and the on coming cop flicked on his lights as a warning. the second was trying to make it back to the closing ceremonies from the Black Hills along Hwy 16 was doing 85 like everybody else has, seen him crest the hill and tapped the brake in an effort to slow enough to get close to the speed limit . as soon as he passed me he did one of those u-turns only the cops can do ( I thought I was screwed) so I pulled over before he had a chance to turn on his lights ........he said IÔÇÖll just give you a warning since you have all your gear on and told me that in an hour or so the dear would start moving closer to the road .....real nice guy.
Higdon had a great article on this ticket fighting thing in the last issue of OTL. Basically, the system is rigged against you, which has been my experience, and he tells you to just "pay the $2" unless your violation has serious consequences, such as jail time. At that point, you need an attourney.
Just pay it...Are you daft? This is an arbitrary act conducted by LEO's. It is their job description...giving you a ticket in the middle of no where for 10 over.
The least you can do is call the county/city and see what the options are. In most cases, they have a standard "plea bargain" that reduces the points significantly, and may or may not reduce the fine. That may be a big enough help to rule out seeking local counsel. This is not about a criminal act...it is random enforcement of blanket policies that set a speed limit for an entire stretch of highway regardless of conditions. Help yourself out by at least making the call and taking the automatic reduction. (Often the gatekeeper receptionist, clerk, etc. is all you need to talk to.)
Or not...then go stew in your self-rightiousness in the right lane at the speed limit forever.
"But I'm not in a hurry, officer. I just like to go fast."
#92115 - '01 R1150GS
Why don't they make a Nerf Martini Glass?
I have a CDL and I would fight any ticket I might get. Two speeding tickets in a 24 month period is a two year suspension of your CDL, even if the violation is in your personal vehicle. If my CDL gets suspened I lose my job.
I usally cruise 7-8 miles above the limit, and I get left alone by LEO's. Last spring I got my first ticket in two decades while driving my car. It was rush hour traffic, I was in the right lane on the I-State going 70 in a 65, being passed by people in the left lane going 80 plus. I came upon slower traffic and sped up to merge with the faster traffic in the left lane, passed the slower vehicles and merged back in the right lane and slowed back down. The Trooper in the unmarked car behind me, who had been ignoring the speeders in the left lane the whole time he was behind me, pulls me over and cites me for 18 over, 4 points and $240 fine. When I asked him why me and he said I passed him about 5 miles earlier ( in a city where he had no jurisdiction) Is this what Greewald means by the discretion of the LEO?
I took the ticket to court and the asst DA drops it to 2 points and obstructing traffic, and the fine was lowered 50 bucks.
"There is no exception to the rule that every rule has an exception."
Good Morning Whitewater.
I thought my examples of 'discretion' from my July 30th post were fairly spot on, and still do, so no space wasted defending them.
But I find some 'holes in your boat,' when it comes to your incident.
By your own admissions, you were already traveling 5 mph over the posted limit under the nose of a WI State Trooper.
You came upon slower traffic and changed lanes to the left to pass. Understandable, but no need to 'merge with higher speed traffic' to accomplish going around a pokey driver. Cars behind you can just slow down a bit and wait for you to complete your passing maneuver.
No need to assume their speed.....they're not planning on assuming the debt of your ticket.
And then, you describe this traffic as going "80 plus."
So, throwing in with them, you are now cited at 18 mph over the posted limit!
Finally, you passed the Trooper five miles back in "a city where he had no jurisdiction."
My son (an Ozaukee Co. Sheriff's Deputy) routinely relies on WI Troopers for back-up on high-risk calls when no other manpower is in the area. Guess what? While they confine their traffic efforts to state roads as a matter of routine, by statute, Wi State Troopers have enforcement jurisdiction ANYWHERE in the State of Wisconsin.
If two speeding tickets in 24 months would cost me a CDL, and possibly my livelihood, I guess I wouldn't consider doing "80 plus" in a 65 zone under the nose of law enforcement to pass anyone. A little slower would have still done the trick.
That's what I would call "driver discretion."
Last edited by Greenwald; 08-25-2008 at 07:53 PM.
Yes, I assume resposibility for speeding. I even told the Trooper that he was only doing his job. However, I question his motives. If he was concerned about me passing him in Milwaukee, where I was going about 60 in a 55 at the time, he should have pulled me over right away. The fine in a 55 zone for speeding is much less than in a 65 zone. According to a lawyer friend of mine, the chances of getting a speeding ticket dissmissed with a good driving record is much greater in Milwaukee County. Waukesha County, where I got my ticket, rarely, if ever dissmisses tickets. The Trooper had opportunities to pull over dozens of other speeders for miles before he pulled me over. I believe I ticked him off by passing him (he was in an unmarked car and with the volume of traffic I never saw him.) He wanted me, and he waited until I did something (and it was my fault for give him the opportunity) to really punish me.
On a side note, I see you are from Sheboygan. My cousin Fred Zittle, is a retired cop from there. Maybe you know him.
"There is no exception to the rule that every rule has an exception."
But you also took responsibility for your decision to speed, and I find that both admirable and rare among this demographic. I salute you.
As for your cousin, I know Fred and his wife Monica quite well, and worked with him for nearly my entire career. A dedicated cop and quite a good pistol shot as well (earned a number of trophies!).
An interesting thread on speeding. I have a concern why it costs an"arm & a leg" for a ticket? I think I know the answer, but have observed serious misdemeanors and lessor felonies that were cheaper on the offender. It just seems all out of kilter to me when looking at the cost compared to the actual speed vs. the hwy situation where many tickets are given. I also want to comment FWIW that , while I try to honor work zones for logical safety reasons, I find that here in KY they are marked in a ridiculous manner and not nearly so sensibly as in most other states. They use the "light flashing" many places and have the start and end clearly marked in relation to the actual work. I have a heavy foot/wrist and have earned some of my tickets while others have been equally costly and illogical , IMO,based on the wide open spaces where they occurred . There has been much written, statistics are there that in certain kinds of vehicles you are far more likely to get a speeding ticket.Having driven sports cars and ridden bikes for many years, I find that is the case for me. Don't say it is just because those kinds of sporty rides are taken to higher speeds, because there is more to the story than just that.
If as much attention was given to driver training as there is to writing speeding tickets it would be a safer place out there!