Ever Get a Speeding Ticket When You Positively Were Not Speeding?

sneaky98gt

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Nov 5, 2013
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Is there really anything you can do about it?

In the 13+ years and 500,000+ miles of driving I've done, I've NEVER had a ticket of any kind, but I managed to get one earlier this week. Was on my 60 mile commute to work in NC, on an 4-lane road (each way) with a 65mph limit. Just like I've done twice a day for the last 5+ years, my cruise control was set on ~72-73 mph (which I have verified with both GPS and manually timing it via mile markers). I'm in the next-to-the-furthest-left lane. Overall traffic is relatively heavy; not bumper to bumper, but there's not a lot of extra space between vehicles. As is usual every single day, a decent handful of cars are passing me on my left, obviously traveling faster than I am.

Next thing I know, blue lights are flashing behind me. I glance down at the speedo: yup, right on about 72-73. I figured it was for my tint, which looks too dark (especially early in the morning), but actually isn't.

He walks up, tells me that he clocked me doing 79 in a 65. I disputed that (respectfully), telling him that my cruise control has been set at 7-8 mph over for nearly an hour. I also pointed out that several cars had passed me in the minute prior to him pulling me over, and that one actually passed us AS HE WAS PULLING ME OVER! To which he replied that I was also passing a lot of cars. Well duh, plenty of people drive in the right two lanes doing well UNDER the speed limit, doesn't mean I was going 80.

He wrote me a ticket for 79 in a 65 anyway.

Anyone else ever have a similar experience? I realize that there probably isn't much I can really do other than bend over and take it. I know how the insurance points system in NC works, so I'll hire a lawyer to get it knocked down to avoid any points. But it still sucks and pisses me off. I have no doubt that he clocked someone doing 80, as a lot of people passing me are moving along quite a bit faster than I am. But either in his clocking, or in his catching up to me, he got me mixed up with someone else. And I was quite ticked off that he wasn't willing to admit a mistake.

Anyone run a dashcam with GPS speed? I'm not sure if this would be enough to resolve a situation like this (I know judges strongly favor law enforcement). I've thought about it for a while well before this ticket, but I've always been concerned about it being used against me if I was at fault in an accident.
 
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gmduramax

Shits broke
Jun 12, 2008
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Nor cal
I’m having a hard time with my math today but I’m pretty’s sure 72/73 is above 65mph. Did he get you on radar or was it his guess you were going 79? Either way you were speeding pay your fine like an adult and move on.
 

DAVe3283

Heavy & Slow
Sep 3, 2009
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I have had this happen to me before as well, with the same attitude from the cop every time. Now I don't argue no matter how ridiculous what they say is, sign the ticket, and deal with it later. I was able to get one dismissed in court, and another dismissed with a driving class (cheaper than paying the court fees even). So far, every time I get pulled over while actually speeding, they let me off with a warning; the times I get pulled over while doing the limit I get a ticket for something ridiculous and usually 100% untrue. Go figure. Doesn't exactly give me a warm fuzzy feeling towards cops.

This led me to buy a dash cam for every vehicle I own so I can prove what I was or was not doing. Ended up only running the GPS option on one of them (the car I rarely speed with). I don't run the GPS in my truck because that would probably hurt more than it would help... :driving:
I would recommend a dash cam, though if you regularly do 7-8 over, I am not sure if I would run the GPS or not. 0-4 over and the GPS will probably help your case. Even at 7-8 over, with a ticket at 14 over, you could articulate the cop was clearly lying or hit the wrong car with radar. So might be worth it anyway? So probably buy one with GPS available, then turn it on/off as you see fit.

Hopefully you can get this one tossed out or knocked down in court. Always sucks when cops make s*17 up. It might be worth paying a lawyer in this case, they are great at getting tickets thrown out for even minor technicalities.

Interestingly, now that I think about it, I haven't gotten a ticket since buying the dash cams. I also moved from a crappy state to Idaho around the same time, so it could be the cops here are more honest? Though I suppose moving states isn't a practical solution to your problem :spit:
 

Bdsankey

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I’m having a hard time with my math today but I’m pretty’s sure 72/73 is above 65mph. Did he get you on radar or was it his guess you were going 79? Either way you were speeding pay your fine like an adult and move on.

I don't think the OP's issue is the fine in general. If he wasn't actually doing 80 and is written for it then it's a bigger fine than what he should be paying. I believe the limit (in MI) is anything 15mph over the speed limit can be a reckless driving charge.
 

Mike L.

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How many times did you go over the speed limit and didn't get caught over the years?
I had an o-shit moment this morning. I was going 55 in a 40 zone and noticed there was a sherrif next to me on my right side. He left me alone.:thumb::D
 

gmduramax

Shits broke
Jun 12, 2008
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I don't think the OP's issue is the fine in general. If he wasn't actually doing 80 and is written for it then it's a bigger fine than what he should be paying. I believe the limit (in MI) is anything 15mph over the speed limit can be a reckless driving charge.

Did you read the thread title. He goes from not speeding to speeding. Hell he was probably going 80 :roflmao: it honestly depends how the cop writes the ticket at least here in CA. If I’m doing 96 in a 65 but the cop writes it as a normal speeding ticket the fine is the same as if I would have been going 68
 

DAVe3283

Heavy & Slow
Sep 3, 2009
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Boise, ID, USA
I’m having a hard time with my math today but I’m pretty’s sure 72/73 is above 65mph. Did he get you on radar or was it his guess you were going 79? Either way you were speeding pay your fine like an adult and move on.
I agree that he was speeding and does deserve a ticket, but he was written up for a speed he wasn't going, and doesn't deserve that ticket. (I am giving OP the benefit of the doubt here, we only have his version of this story. But I'm assuming he's telling the truth for the moment.)

What seems to be making him mad is what pisses me off when it has happened to me: the cop lying about what the person was doing. If speeding was considered to be equivalent at 8 MPH over and 14 MPH over, the ticket would be the same. But the ticket is usually around double, with more points on the license too. So while I agree with you that OP deserves a speeding ticket, (based on what he said, again, benefit of the doubt) he doesn't deserve the ticket he got, and is understandably mad about that discrepancy.

Can much be done about it? Pay a lawyer, and hope for the best. Or pay the ticket and deal with insurance rates going up, if that works out cheaper (it probably won't). What gets me here is the cop lying (or being mistaken but acting like he was 100% sure) about the critical details of a speeding ticket. I see that as abuse of power. Not that anything I say here will change that. Just riles me up, and I probably should do like OP and just pay what needs paid and move on. Really, 1 ticket in 13 years is pretty good considering he admits to doing 7-8 over every day.
 

N2BRK

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Dec 31, 2009
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How many times did you go over the speed limit and didn't get caught over the years?
I had an o-shit moment this morning. I was going 55 in a 40 zone and noticed there was a sherrif next to me on my right side. He left me alone.:thumb::D

Good move Mike. Once he loses to the hellcat he might get butt hurt and throw on the cherries. Sore losers they are. Lol
 

snowman22

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Jan 30, 2018
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I got a 58 in a 45 just the other day, no way I was actually going that fast. But, it was a motorcycle cop that's know in the local moto scene and I know he has to know my truck is far from stock even though it looks it. He most definitely looked at my tires, snickered, and walked up to my window smug ass look. I took my ticket and told him to have a good day.
 

Chevy1925

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Oct 21, 2009
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I dont know, im with Anthony and Mike on this. over the speed limit is over the speed limit. the ONLY thing that would dictate a fight against the ticket in my mind is if it was a criminal speeding ticket vs a civil. being that he wasnt doing over 80 according to the cop and it was never mentioned that it was a criminal speeding ticket, take the licking and move on. 3 sides to every story, OP's, cops, and what really happened.

you say this in front of a judge, hes gunna say the same thing we are and still charge you with the ticket/fine/class.

as for racing cops, thats fun..... only if you know them :roflmao:
 

hondarider552

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May 28, 2008
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If the officer doesn't show up to court, it gets throw out. I've had 2 tickets thrown out by doing that but this was years ago. Haven't had a ticket since I got my CDL :D
 

PureHybrid

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Feb 15, 2012
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The fine / points is different from up to 10mph then 10-15mph. I'd show up to court and fight it, what are you out besides some time?
 

Chevy1925

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Oct 21, 2009
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The fine / points is different from up to 10mph then 10-15mph. I'd show up to court and fight it, what are you out besides some time?

its all 3 points for him at either speed. posted speed limit had to be 55mph or under for that to take affect.
 

sneaky98gt

Member
Nov 5, 2013
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I’m having a hard time with my math today but I’m pretty’s sure 72/73 is above 65mph. Did he get you on radar or was it his guess you were going 79? Either way you were speeding pay your fine like an adult and move on.

Imo

You were speeding either way so unfortunately you don’t have a argument.

Did you read the thread title. He goes from not speeding to speeding. Hell he was probably going 80 :roflmao: it honestly depends how the cop writes the ticket at least here in CA. If I’m doing 96 in a 65 but the cop writes it as a normal speeding ticket the fine is the same as if I would have been going 68

I dont know, im with Anthony and Mike on this. over the speed limit is over the speed limit. the ONLY thing that would dictate a fight against the ticket in my mind is if it was a criminal speeding ticket vs a civil. being that he wasnt doing over 80 according to the cop and it was never mentioned that it was a criminal speeding ticket, take the licking and move on. 3 sides to every story, OP's, cops, and what really happened.

you say this in front of a judge, hes gunna say the same thing we are and still charge you with the ticket/fine/class.

as for racing cops, thats fun..... only if you know them :roflmao:

Maybe I should have named the thread "Ever Been Outright Wrongly Charged a Traffic Citation"? Might would have been more clear.

Yes, I was "speeding" 7-8 mph over. I do that every day, as do millions of other drivers in NC and elsewhere, without any issue.

Here's the deal. In NC, a 1-9 mph over ticket is basically nothing. A couple license points and a relatively small fine, if you just elect to pay it. Or, it's VERY easily reduced to "Improper Equipment" or similar. Therefore, law enforcement literally never writes tickets for 1-9 over because it's not worth their and the court's time. "Nine you're fine, ten you're mine" as I've heard many officers say.

Now, a 10+ over is a much bigger deal. Points, a larger fine, and most importantly, insurance points. This is an NC thing, and if you get points, it's mandatory that your insurance go up by a certain percentage for 3 years. Cops know how big this financial hit is, so it's where they write their tickets. In my case, it would amount to an 80% increase in my premiums for 3 years. Considering I'm currently at about $1100 a year for my 3 vehicles, that would total around $2600 more in insurance over 3 years.

So, the difference is him (technically "rightly" although virtually unheard of) writing me a 7-8 over ticket that would cost me ~$200, or (wrongly) writing me a 14 over ticket that will cost every bit of $3000. That's kind of a big deal.

The other option to deal with 10+ is hire a lawyer for $200-$300, let them work their magic, and get it reduced to 9 over and pay that fine / court costs.

Either way, this cop's screw up is costing me a fairly good chunk of change and a lot of headache.

I would recommend a dash cam, though if you regularly do 7-8 over, I am not sure if I would run the GPS or not. 0-4 over and the GPS will probably help your case. Even at 7-8 over, with a ticket at 14 over, you could articulate the cop was clearly lying or hit the wrong car with radar. So might be worth it anyway? So probably buy one with GPS available, then turn it on/off as you see fit.

Hopefully you can get this one tossed out or knocked down in court. Always sucks when cops make s*17 up. It might be worth paying a lawyer in this case, they are great at getting tickets thrown out for even minor technicalities.

Interestingly, now that I think about it, I haven't gotten a ticket since buying the dash cams. I also moved from a crappy state to Idaho around the same time, so it could be the cops here are more honest? Though I suppose moving states isn't a practical solution to your problem :spit:

Yea, it definitely sucks. I'm not worried about driving 7-8 over, for reasons pointed out above. I'd just be worried about the dash cam being used against me. Technically it's my property, but I don't know in what circumstances it could be taken from me.

How many times did you go over the speed limit and didn't get caught over the years?
I had an o-shit moment this morning. I was going 55 in a 40 zone and noticed there was a sherrif next to me on my right side. He left me alone.:thumb::D

To be completely honest, I generally don't speed on the street. I really don't. Drive spiritedly? Sometimes, for sure. I've spent a lot of years at the track getting my speed fix, but that's where I usually left it. I think the fastest I've ever been on the street was maybe 90 mph, and that was in the middle of nowhere late at night with no one else around.

When there's other people around, I get to 7-8 mph over the speed limit, and set the cruise control. Virtually always, and definitely always on the interstate. I haven't driven half a million miles without so much as a warning by speeding and/or being lucky. I can say with 100% confidence that I was running 72-73 mph when he pulled me.
 

gmduramax

Shits broke
Jun 12, 2008
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Nor cal
^ that makes more sense I wasn’t aware of the difference in points its usually up to the officers discretion in CA. Sounds like a lawyer would be your best option.
 

KRODMAX/KS

It'll be alright
Jul 27, 2017
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If your driving record is clean and the ticket was issued by the city police, then you may qualify for a diversion program (if available in NC). If it was issued by the Highway Patrol (as you've stated; not over 9 mph and a clean driving record) then it's worth the cost of a lawyer. Just my 2¢...