Cop gave me a speeding ticket and told me to request a trial and he could help me?

Question

I was recently given a speeding ticket for doing 69 in a 45. The place i was given it is somewhere where most people do 55-60 and don't get tickets as it is a highway where 55 would be a more reasonable speed limit. Anyway...after he gave me the ticket i said is there not anything i can do? He said "I can't help you unless you request a trial" and i said i would and then the last thing he said was "remember, request a trial" Why would a cop TELL me to plead not guilty i just don't understand. If he wanted to help me could have reduced the ticket to something of a lesser charge. I just don't understand why he wants me to go plead not guilty to where he has to actually go into the court room. Is there anyone in law enforcement that could tell me this guys intentions of a trial? I just don't get it....i told him i was sorry and he was actually VERY nice considering i had just had to fax registration/proof of insurance somewhere and they were not with me in the car. I am very grateful for him not charging me anything for this. What could be his intentions of me going to trial? I live PA where you can't even by law request a driving class to have the ticket reduced. Maybe he wants to petition for me to take a driving course so that i learn a lesson instead of just getting off free? I'm confused...

Answer 1

I don't think this cop is planning on helping you.   He simply answered your question.  You asked if there is anything  you can do regarding the ticket and he replied, request a trial.     That is simply the officer telling you  you have the right to request a trial and plead not guilty to the charge on the ticket and that allows the case to be tried before a judge or magistrate.   However, if you plead not guilty, he will most likely show for the trial, testify to the spead he clocked you, his method of measuring your speed (radar, vascar, moving clock) and present evidence that his equipment was properly calibrated to complete a prima facie case that proves you guilty of the speeding violation beyond a reasonable doubt.  The judge will find you guilty and assess you fines and costs in an amount probably close to what you would have paid if you just paid the ticket outright.    Now you should request trial, because there is

1 chance in 200 he will not appear and your case will be dismissed.   If he does appear, you would have to be prepared, with expert witnesses to demonstrate that you

are not guilty or that he does not have proof that you are guilty.   That's nearly impossible, usually in traffic cases.  

The officer was nice because it is his professional duty to

be courteous to citizens when he is issuing a citation.   He

was doing his job, but you just got a ticket and unfortunately that means you are going to pay a fine and get points, I think it is 4 points for 24 miles in excess of the speed limit

under Pennsylvania Department of Transportation policies .

I understand the idea that the highway should probably have a 55 speed limit.  However, you were going 69.   I bet that is actually not unsafe but

it is illegal and the cop's job is to enforce the law.

It is likely that if you were moving flow of traffic at

60 he would have chosen not to issue the citation.

However once the cop decides to cite you, you are toast, as far as that violation is concerned.

--------------------------------------...  

      To avoid tickets with 99.9999% probability

you have to follow the speed laws.  To avoid them

with 95% probability, you must make sure you are

not the fastest or 2nd fastest car over the limit within the range of the officer's radar gun when it

detects speeders, or running  4 mph or more over

the limit when directly beside a cop or in front of a

cop, or 2 mph over or more if passing a cop.  

This probability statement is my opinion but based upon  30 years of driving and watching

cops, logging on motorists association websites

and talking with truckers and cops.

Answer 2

In PA, I'm not sure which department stopped you (State Trooper, etc.), but many are required to record the speed.  And some areas use a speed trap that times and paces and records your speed.

The officer does NOT have to be a jerk to do his job.  When you are doing almost 35 MPH OVER the speed limit, there really isn't anyway for the cop to help you.  This is not personal.

BTW He did do you a favor in that the ticket is for UNDER 70 mph.  Over 70 mph speeding is additional points on your record and a harsher penalty.   Also, I don't think he is showing up.  

Answer 3

Pay the speeding ticket.  You'll be wasting more time and money by doing a "trial".  And don't speed, no matter what anyone else does.

Answer 4

if he truly is a nice guy he might be telling you this so that when you go to court he just won't show up and you get off free cause its only his word against yours and i don't think they are required to show up to court.

Answer 5

Where he can help you is with the paperwork.  Since you were not carrying that info, he ha to note it (did he write you a violation?)  If so, then can can ask that those tickets be dismissed on proof of existence.

He can't necessarily reduce the ticket if he has a video system in the car attached to the radar.  He CAN (as the defacto prosecutor) as the judge to reduce the penalty (in PA Judges have full discretion over actual penalties).

Not showing up is not an option for him, he will get in trouble.

Answer 6

Economics. Years ago I was told by a Law Enforcement Officer, unless your speed is so excessive you could be taken to jail immediately, always request a JURY trial. You are assumed innocent until proven guilty. When you request a trial, represent yourself before the judge. They have to pay the jurors per diem. Usually the costs of holding the trial outweight what revenue will be brought in. You can only be held responsible for the cost of the ticket. So if it's worth not geting points on your ticket, you can take the time from work etc., do it. I did that regarding this specific incident (the officer had also incorrectly written my license plate number on the citation, and had incorrectly recorded my date of birth). So when the judge askd why I wanted a jury trial - I responded because it is my right to be judged guilty/not guilty by a jury, that I would present evidence I was not guilty of the charges AS WRITTEN (I had a passenger in the car who would testify) etc. The judge asked me if I was speeding. I admitted to having my car on cruise control to him, and coming down a hill, but did not admit I was speeding. He lectured me. As I pointed out the issues I would present to the court, the officer who wrote the ticket (who had to be present in the courtroom) stood and requested the ticket be dismissed. The judge then made me listen to his lecture about setting cruise control at the exact speed posted etc., but in the end he dismissed the ticket. The state basically would have lost $$ by holding a jury trial. Even without the errors on the written ticket, you can challenge the calibration of the radar equipment...when it was calibrated etc. Most jurisdictions RELY on speeding tickets as a money making source of revenue. Wyoming does this routinely to out of state drivers, especially around their recreation areas which CO people use. They will ticket a CO driver in a group of WY drivers, because they KNOW you can't afford to drive back up to WY to request a jury trial. Most people send in the $$ and go on about their life. So, look at the economics of the situation...if you can affort the time and cost of driving to wherever you have to go to be before the judge, you may well have a good chance to have the ticket dismissed. Be prepared before the judge with your facts. Have pictures of the area. In other words, do your homework. If you can get someone you know to be a witness to admit they drive through that area at not the posted speed etc. If you are well-prepared (although you might be nervous before the judge, I was), in the end you might end up with a tongue-talking, but if the economics aren't in favor of the amount of revenue that can be collected - you might have a decent chance of getting the ticket dismissed. And remember, even if the judge/officer won't request a reduction and/or dismissal, take the jury trial. Just like lawyers do, you can go into the county/city attorney before the actual trial and bargain the ticket before the actual trial, and then not go to trial.