If i got a speeding ticket and take it to court what are my chances of winning?

Question

so, i got a speeding ticket the other night. i was approaching a cop who was pulled over with someone else. the light just ahead was also turning red so i am slowing down. across the street another cop is pulling up to the red light also. when it turns green i go and he makes a u-turn and follows. he then proceeds to pull me over and tell me that before i slowed down for the light i was doing 64 in a 45! i was appalled because there is no way ANYONE in their right mind would be speeding while knowingly approaching a cop. he wouldn't even listen and proceeds to write me a $206 dollar ticket! if i fight it... what are my chances of winning because in Florida theres a court fee of $500 if you loose!

Answer 1

I know of a pretty good lawyer in Florida but I have no clue where you are. I would counter sue the state and challenge jurisdiction. They never will be able to prove they had jurisdiction. Thus, they must halt all charges against you: "Once jurisdiction is challenged, the court cannot proceed when it clearly appears that the court lacks jurisdiction, the court has no authority to reach merits, but, rather, should dismiss the action." Melo v. US, 505 F2d 1026.

If you counter sue (or file a single complaint) in a court of record and the courts proceed with the charges anyways file a writ of error on the judges decision, move the court, and file a motion of contempt.

Sue the state for trespass on the case and trespass.

I would also sue on Title 18 section 242.

"The right of the citizen to travel upon the public highways and to transport his property thereon, either by carriage or by automobile, is not a mere privilege which a city may prohibit or permit at will, but a common law right which he has under the right to life, liberty, and the pursuit of happiness." Thompson v. Smith, 154 SE 579. Justice Stewart noted in a concurring opinion that: "it is a right broadly assertable against private interference as well as governmental action. Like the right of association, ... it is virtually unconditional personal right, guaranteed by the Constitution to us all."

For the state to impose traffic laws on people restricts their people; "The state cannot diminish rights of the people." - Hertado v. California, 110 US 516; and traffic laws impose penalites upon the sovereign, "There can be no sanction or penalty imposed upon one because of this exercise of constitutional rights." Sherer v. Cullen, 481 F 946

In exercising our right to travel freely cannot be held as crime or citation, for US Supreme Court as said: "The claim and exercise of a constitutional right cannot be converted into a crime." Miller v. US, 230 F 486, at 489.

Have fun fighting this! I always do.

Answer 2

If he has photo evidence or evidence of your speed whilst approaching the red light. Then it's hard to say because the judge might be one that always takes the coppers word.

Personally i think all cars should be equiped with a speed log where every minute it records your speed times during that minute.

Answer 3

If the cop shows up for the hearing your chances are slim to none, and the chances that the cop will miss the hearing (overtime in many cases) is also slim.  

It's tough to take sometimes but you should probably pay the ticket and move on.

Answer 4

Realistically, you have no chance of winning.  Your only chance is if you go to court and the cop does not show up.  In that case the judge will dismiss the ticket.