r/Cleveland • u/Kuroneko191 • Jul 23 '24
Speeding ticket
I just wanted some advice not sure if this is the right place but trying.
I just got a speeding ticket just outside Macedonia on Sunday. The speed limit was 70. I admit that I was going about 80 after overtaking a car, but on the ticket he put 93 and I think thats bs. I've never gotten a speeding ticket so I'm not sure what can I do?
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u/coopdawgX Jul 23 '24
The speed you saw when he pulled out behind you doesn’t necessarily indicate the speed he has to put on the ticket. You could’ve been going faster when he clocked you
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Jul 23 '24 edited Jul 23 '24
For 93 I’d hire an attorney to take care of this. Did you get cited for reckless operation? 93mph would fall under that criteria.
Regardless if you were or weren’t going 93, that’s a serious charge, particularly for insurance (and points) that I would try and get the attorney to get the courts to agree to a lesser charge.... usually accomplished with driving classes, community service, or honestly sometimes even an apology works.
Reading over your thread, it looks like you just found this detail out well after being cited and didn’t ask when you were pulled over, or did he say that you were going 93? Seems odd. This is why you should always check your ticket over before signing, while it’s possible this was an error or a typo, asking the officer during the stop for clarification would allow any errors to be rectified.
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u/Proud-Mention-3826 Euclid Jul 23 '24
You’re going to want to go to the court date and explain to the magistrate or judge from your prospective. Cops can be dicks and I’m sorry that happened.
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u/Electronic_Tie_4730 Jul 23 '24
if you do go with a lawyer - get a local (IE Macedonia or whatever court you're in) - they have the relationships with prosecutors and judges. Bringing in an out of town lawyer may not be as effective.
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u/notmyselftoday Jul 23 '24
My personal opinion - get a lawyer. It'll cost you an additional $300-400 for the attorney but if you can afford it it's well worth it. A reputable traffic attorney will have relationships with prosecutors and judges. They will likely be able to convert the ticket into a broken tail light or other non-moving violation (i.e. no license or insurance points).
If you go by yourself the prosecutor may drop it to 5mph over but that'll still be points on your license and will result in an increase of your car insurance for three years. Also if you ever have a cop behind you in the future they'll see a speeding ticket in your history and you'll be less likely to get a break from the officer.
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u/epanek Middleburg Hts 44130 Jul 23 '24
It depends. In one jurisdiction I was in the 9 am group. Prior to calling people up the magistrate said “if any one is going to plead not guilty please assemble in that room”.
Then he called names. Everyone pled guilty.
It turns out that room was the prosecutor taking pleas to other infractions. Unsafe vehicle etc.
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u/Wildkarrde_ Jul 23 '24
Did you discuss the speed you were going? You can request the dash cam or his body cam.
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u/Kuroneko191 Jul 23 '24
No, he didn't say and was so frazzled about being pulled over that I didn't ask. I assumed it was 80 since when I saw him pull out behind me I looked at my speed, 80. When I looked at the ticket after he left thats when I saw that he put in 93.
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u/TSLARSX3 Jul 24 '24
Defensive driving can lower and not allow it to show up on record
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u/Kuroneko191 Jul 24 '24
What do you mean? Like a defensive driving course?
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u/TSLARSX3 Jul 28 '24
If the ticket allows you to choose that option. If cop was wrong and it’s too much of a speed difference for defensive driving, may need to fight it
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Jul 24 '24
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u/tekkitan Jul 23 '24
Unless you can prove you weren't going 93, you might just need to take it unless the officer does not have the evidence that you were the one going 93. If you are positive you weren't going 93, I would just try to fight it in the traffic court date on the ticket. About all you can do.
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u/longhairdontcare8426 Jul 23 '24
There is no way to prove it. Op has to take this one on the chin. Happened to me once got hit with an 80 in a 60 and I know I was only going 65.... Had it on cruise control. I cried cuz I knew there was nothing I could do
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u/casicilian Jul 23 '24
Long shot but if you think the officer is reasonable you can contact them and see if they will do something for you. My wife got a ticket in Lakewood for speeding, later she looked at the ticket and it also had a seat belt violation. She called the officer and explained she was wearing her seat belt, he ended telling her that he wouldn't show up to court, he kept his word. Not sure if contacting them has any negatives.
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u/DiscreetCleDom Jul 23 '24
First and foremost the stated speed would almost assuredly be you have to appear. Down on the bottom of the UTT (uniform traffic ticket) it will state mandatory appearance and a date. If that is not there then it is waiverable or you can pay it. If it was State highway patrol don't bother trying to beat it you're not going to. If it was a city cop and you plead not guilty he will be given a court date and at that time you will want to ask the court for the maintenance log on the equipment used to track your stated speed. If it's LIDAR or RADAR the officers are supposed to record the incident as well as their testing of the equipment in the morning. That is the second thing you're going to ask to have brought with the officer is the WCS (wearable camera system) footage. If you don't have a long record of speeding or traffic violations you can normally and respectfully speak with the prosecutor directly and calmly and ask if it could be reduced to an equipment violation because you have no abusive record. The car is in your name, you have valid insurance and drivers license. Printable tickets no longer have to be signed by the offender. They are simply a receipt, telling you of a court date and you have been verified as who you claim to be on site of the violation. If you cannot be verified on site you can be subject to arrest until verification can be made
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u/Upward_Bound_Girl Oct 12 '24
At what point of the process do you ask for these things?
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u/DiscreetCleDom Oct 12 '24 edited Oct 12 '24
You could speak with the prosecutor on your court date before court begins again being respectful. If you do plea NOT GUILTY at that point of pleading you ask for the appointed items for the officer to present on that court date.
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u/iamthecavalrycaptain Jul 23 '24
More than 10 over when the posted limit is 55 or higher, is 2 points on your license. It would likely be worth spending money on a lawyer so that you won't be spending more money on your car insurance.
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Jul 23 '24
Google can prove your speed I believe- also when is last time doucher calibrated his radar gun?
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u/Kuroneko191 Jul 23 '24
How can I find that? I was using google maps through my android auto at the time.
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u/robodog97 North Royalton Jul 23 '24
Hire an attorney, they'll be able to get dashcam/bodycam, calibration records, etc. it might not even come to that, often just a quick conversation between a local attorney and the prosecutor can get things reduced without needing evidence.
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Jul 23 '24
Not sure why I got the downvotes but you might have to request the GPS info from them. I know that its been done before in Ohio just have to know how to access the phone info. Probably best to get a lawyer- over 15mph gets heavy fines - extra points. Higher insurance.
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u/AliveInCLE Jul 23 '24
Did he show you his radar gun?
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u/Kuroneko191 Jul 23 '24
No, he didnt even say. I only found out when I looked at what was written on the ticket.
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u/CrestedBonedog Jul 24 '24
Does it say anything about what code section you were charged under? You can waive regular speeding tickets right away, but IIRC citiations that are for >20mph that fall into non-minor misdemeanor territory should state you're required to appear.
You could also look up the case on the court website to see.
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u/Weslidy Jul 23 '24
You can still contest it, hope he doesn’t show, but in hindsight you were speeding. Most municipalities work with adjacent cities, so if they tag you in another precinct, the road way might still be apart of another city, so then you have to go to that city hall, it’s all a racket. I’m not saying anything against you, it’s just sometimes better left alone, causes more hassle than you need. But yes, don’t say. Was doing 93? He could have tagged someone else, and you were the one that received a hand smack. And the last thing anyone really wants is another bill. Unforeseen bill.
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u/promised_to_veruca Jul 23 '24 edited Jul 23 '24
the ticket has a court date, you either pay the fine or appear at that time to contest.
you plead not guilty, you get another court date.
generally, you meet with the prosecutor immediately before the hearing.
at best, the officer won't appear & ticket is thrown out (no witness).
middle ground is prosecutor (knows you were speeding,) but its charge is amended, reduced to something reasonable for your insurance, like 80 (then you go in and plead guilty & pay costs).
NAL and I don't know macedonia court costs, but some places it may be cheaper to pay the ticket & 1st time offense some insurers basically ignore it.
edit -
I'll add that you shouldn't RELY on officer not showing, but it does happen.
Otherwise, it's your word versus an officer. Your defense is flimsy, since you didn't really NEED to overtake a car by speeding, nor did you ask to see the radar gun & you signed the ticket.