[Disappointed22]

My 18 year old daughter was ticketed in our neighborhood while driving her younger sister and friends to the store. At the time of the alleged violations, our neighborhood was hosting multile prom and confirmation parties, so the streets were full of parked cars. She turned a corner, and was forced to be close to the center of the street due to parked cars. Another car coming toward her then "swerved" to miss her. A policeman saw the incident, pulled her over and displaying an abrupt manner, promptly issued her three tickets: a speeding ticket, a dangerous driving ticket and, a ticket for an out of state drivers license; the first tickets she has ever received.

We have no issue accepting the out of state ticket (she goes to college in the city, lives there and has not needed to drive much since we relocated so hadn't changed licenses) however, everyone in the car absolutely swears that she was not speeding (ticket states 40mph in a short section of road where the limit is 25mph) nor driving reckless. The officer had zero personality, and despite my daughters pleading that she wasn't speeding, and was not driving reckless, simply ticketed her and said she could argue it in court.

Is there anyone out there who has had success in defending themselves, and counsel on how to approach this situation in court?

Thanks for your input.

[progunr]

Did he use radar to determine her speed?

If not, how did he determine her speed?

Did anyone by chance take any photos of the way the street was blocked at the time?

I'm not sure how much the total fine would be, but would guess it will be far less than the cost of an attorney to fight it.

She should at least show up in court and plead not guilty. Bring her witnesses, and present her side of the story.

If you can afford to spend the money, an attorney would be a good option.

[Disappointed22]

Thx Progunr.

Not sure how he got her speed - am presuming radar. If it was radar I was thinking of doing some math basis where he caught her and the corner to try to show the improbability of this vehicle (a 2000 Expedition with 5 passngers) getting from a stop to 40 mphs in the section of the road.

Yes, we did go take some pictures.

[Fr_Chuck]

Not defending the officer as to right or wrong, but as a prior police officer, EVERYONE always says they were not speeding, I don't think I ever stopped a car and they said yes officer I was speeding, and actually I was going a little faster than you listed.

So the issue on the speeding, is how was the speed determined, did he use radar or lasar? If so was the streets in that area approved on the radar plan, you wlil be surprised that a officer can not just radar anywhere they want to, but for a department there will be approved areas that they may radar. A few cities include all streets but this is not as common as having specific areas. And normally these areas will require even some signage as to that they radar.
Next is the officer certified in radar, and if so, is that certification up to date, they have to go back @ every 2 years for updating.
Next was he behind and pacing, or did he just guess, believe it or not it is allowed, as a officer I was trained to watch cars going pass and had to estimate their speeds, we were required to get within 5 MPH of the correct speed to pass that course. But that is easier to fight in court of course.

Reckless driving, seroius charge, it may be illegal lane change, or not maintaining lane, If there was cars on the side, and a car coming toward her, she was to stop, and wait, not cross the line to keep going, so that does deserve a ticket but maybe not reckless driving.

And actually the out of state ticket, actually if she is a college student, most states allow for a college student to keep their home state license, so check the laws in your area, let her have her college ID, but get the new license. My bet the judge will dismiss that charge.

[Fr_Chuck]

Sorry I was doing my post while you both posted yours, but the ticket has to say how they determined the speed, plus there are 100 other radar rules that has to be followed.

[johnnycupcakes]

First of all, determine how he got the speed. I live in Florida and here by law, speed can be calculated by radar or the officer can clock you speed by following close behind you as long as the car the officer is driving has been tested for speed accuaracy within a certain amount of time.

If this is the case in this situation, make sure you check the laws in your area to determine legallity. On the reckless/dangerous driving charge there is really not much that can be done depending on state/county/city laws.

The out of state license charge, as long as your daughter is a dependent claimed on your income tax and is in college, she is a legal residence of your household and can hold a license in that state due to the fact she is a residence of the state and must have identification proving it. Unless she is a residence of the state the college is in, she can keep her home address.