wrongfully ticketed by mistaken identity
05-02-2008, 04:01 PM
#1
Racer
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wrongfully ticketed by mistaken identity
Sorry it is kind of long.
Last night I was pulled over by a CHP. Was sited for 75 in a 65 when in fact I was only doing 57 max. If I was speeding I don't have a problem just admitting guilt and doing traffic scholl or paying the ticket it's no big deal to me but this situaion is different.
I have a radar detector a Valentine 1. I was warned by the detector that there was radar being used and I was doing 50-55 at the time. I proceeded through an intersection where the speed limit is 50 and just after I saw the CHP go by. He continues for approx. 1/8 of a mile then I see his brake lights go on and it looked like he turned around. He could have had time to turn at the intersection if I was the one who caught his attention.
I have tinted windows and no front plate on the car and have been ticketed for both so I am concered whenever I go by law inforcement and always pay attention to my speed around them.
I was traveling with a group of cars one in front one behind. all three of us passed a semi I merged into the right lane (two lanes both directions with a center median) because I was going to turn right at the next intersection.
A black camaro (1993-1998 style) with black wheels went flying by me doing about 70-85 and accelerating and merging through traffic. I was watching my mirrors so I saw the car coming at a higher rate of speed than I was traveling. I actually moved to the right of my lane towards the shoulder to let the car pass safely and the car was merging in and out of traffic and took off.
Traffic from behind was closing on me as they were probably doing closer to the speed limit. I turn right then get pulled over.
Right after the CHP took my info back to his car another Camaro 1967-1969 went by also black. I have a black C6 Z06. I never told the CHP I had my radar detector on and new he was there and so I was careful to not be speeding.
His first statement to me was "Runs Real Good" I said excuse me????? Runs real good and stated I was doing 75. I told him he pulled over the wrong car and that a camaro went flying by me. He wouldn't even let me finish, minutes later he said there was another car involved but said I was pulling on him.
I really want to fight this ticket because he simply pulled over the wrong car and I had nothing to do with the situation and it is the principle that he was mistaken.
What are my odds here? I have no hard proof except I could go take pictures of the area and explain what happened and what my situation was.
Pretty steamed right now and those are not the real words I want to use for the situation.
Last night I was pulled over by a CHP. Was sited for 75 in a 65 when in fact I was only doing 57 max. If I was speeding I don't have a problem just admitting guilt and doing traffic scholl or paying the ticket it's no big deal to me but this situaion is different.
I have a radar detector a Valentine 1. I was warned by the detector that there was radar being used and I was doing 50-55 at the time. I proceeded through an intersection where the speed limit is 50 and just after I saw the CHP go by. He continues for approx. 1/8 of a mile then I see his brake lights go on and it looked like he turned around. He could have had time to turn at the intersection if I was the one who caught his attention.
I have tinted windows and no front plate on the car and have been ticketed for both so I am concered whenever I go by law inforcement and always pay attention to my speed around them.
I was traveling with a group of cars one in front one behind. all three of us passed a semi I merged into the right lane (two lanes both directions with a center median) because I was going to turn right at the next intersection.
A black camaro (1993-1998 style) with black wheels went flying by me doing about 70-85 and accelerating and merging through traffic. I was watching my mirrors so I saw the car coming at a higher rate of speed than I was traveling. I actually moved to the right of my lane towards the shoulder to let the car pass safely and the car was merging in and out of traffic and took off.
Traffic from behind was closing on me as they were probably doing closer to the speed limit. I turn right then get pulled over.
Right after the CHP took my info back to his car another Camaro 1967-1969 went by also black. I have a black C6 Z06. I never told the CHP I had my radar detector on and new he was there and so I was careful to not be speeding.
His first statement to me was "Runs Real Good" I said excuse me????? Runs real good and stated I was doing 75. I told him he pulled over the wrong car and that a camaro went flying by me. He wouldn't even let me finish, minutes later he said there was another car involved but said I was pulling on him.
I really want to fight this ticket because he simply pulled over the wrong car and I had nothing to do with the situation and it is the principle that he was mistaken.
What are my odds here? I have no hard proof except I could go take pictures of the area and explain what happened and what my situation was.
Pretty steamed right now and those are not the real words I want to use for the situation.
Last edited by ArrogantZ; 05-02-2008 at 04:04 PM.
05-02-2008, 06:07 PM
#3
Pro
You wont be able to fight it. You will lose it is his word against your's & he will win. If you go to court to fight they may not offer you traffic school and the ticket will end up on your record. Sorry for your trouble!
05-02-2008, 06:34 PM
#4
Burning Brakes
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Very simple. FIGHT IT! Don't forget that a-holes face and when you go to court, you are usually given the chance to take traffic school option if you don't want to actually go through with fighting it. So if you see the leo there, you take traffic school, if he's isn't there, the judge will read the names of the people that are free to leave..Good luck and hope he doesn't show but you should definitely fight it.
05-02-2008, 07:30 PM
#5
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St. Jude Donor '05
I think this happens more often than not. If I were a judge and read the explanation you wrote here I would say there is a reasonable change the office did stop the wrong car and I'd dismiss the case. I wonder if there is a way to get the judge to read what you wrote before you have to choose between trial or drivers school.
05-02-2008, 08:18 PM
#6
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I beat a similar situation by asking the leo many ? that he had no answers to or he wasnt sure like..... where was I in the line up of cars? ie. What type of other cars were with me in that line up. which # was I in the line of vehicles.were we all following each other were there cars in both lanes. did he use radar? Do you know for a fact that the radar was fixed on me and how he knows that. Focus on the FACT that there was another black vehicle traveling with you maby a suv passing you coming from behind you yea. Be sure he has passed and is up to date on his certifications for using radar ask for the certs, of the radar equipment. If you create a dought in the judge mind maby it will get thrown out. Good Luck
05-02-2008, 08:29 PM
#7
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After pondering last nights situation it is obvious the the two camaro's were probably racing or both were driving aggressive.
I wonder if the officer can even distinguish between a camaro's tail lights and a corvette's tail lights not to mention the obvious difference in headlight colors as in the shade of white the headlight bulbs give off.
To an untrained eye a Corvette could be mistaken for a Camaro and vice verse. Honestly the cop should have been able to tell the difference and should have been able to have time look for the car since he had radar on, I had time to look for him I didn't know whether he was sitting on the side of the road or what. Another thing I have seen the highway patrol sitting on these back road highways standing outside the car using laser at night so I am real cautious around the whole area.
Again I was warned of radar when we were probably 1/2 a mile or more from each other so why would I continue to speed and why not get me for the 50+ mph when the speed limit was 50 when he passed me and the other cars were even farther back into the 50 mph limit than I was.
Also the point of him reading or estimating my speed. The speed limit was 50 not 65 when I passed him it turned to 65 just after I passed him I have to verify this.
This is the only thing right now is to ask where was my speed taken.
I wonder if the officer can even distinguish between a camaro's tail lights and a corvette's tail lights not to mention the obvious difference in headlight colors as in the shade of white the headlight bulbs give off.
To an untrained eye a Corvette could be mistaken for a Camaro and vice verse. Honestly the cop should have been able to tell the difference and should have been able to have time look for the car since he had radar on, I had time to look for him I didn't know whether he was sitting on the side of the road or what. Another thing I have seen the highway patrol sitting on these back road highways standing outside the car using laser at night so I am real cautious around the whole area.
Again I was warned of radar when we were probably 1/2 a mile or more from each other so why would I continue to speed and why not get me for the 50+ mph when the speed limit was 50 when he passed me and the other cars were even farther back into the 50 mph limit than I was.
Also the point of him reading or estimating my speed. The speed limit was 50 not 65 when I passed him it turned to 65 just after I passed him I have to verify this.
This is the only thing right now is to ask where was my speed taken.
05-02-2008, 08:31 PM
#8
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Welcome to the dirty little secret about the ticketing scheme that has no oversight for.
You only have a few options to win this case.
1. Hope officer never shows up in court.
2. Without pictures or video, your deep-sixed. Officers words will win over you.
3. Read over your ticket and see if you can spot any errors carefully. (i.e. color of car, make, model etc.)
If you choose to fight, here are some suggestions:
1. Ask the officer to give you a detailed description on how your car was stoped and the surroundings of car. Write down details of his description. Ask him to accurately describe your car.
2. Question the officer how the officer determined your speed on where he aimed his radar gun at. If he says "He pointed the radar gun to your front plates." Show him a picture of your Corvette with no front plates. This will almost get you off the hook if the officer cannot remember details about your car.
3. If he makes no mention of were the radar gun is pointed at, ask him the question where was the radar gun pointed at. If he just says "your car" and no specific location, then land him the question "How do I know that the radar gun is accurately taking the speed? How do I know you didn't measure the speed of the wheels turning?"
4. Ask the officer "where is the most accurate location of a car to determine the actual speed?" Chances are, it's the front license plate.
5. Going back to #1 if officer fails to describe your C6 in accurate detail (i.e. tinted windows, missing front license plate). Then ask him how do can you be sure that he correctly pointed the radar at the correct car as there was another black camaro that flew past you (this is subjective and your words will not hold much water, but more of a push to get you off on details).
6. If the officer, mentions in his description to the judge that you were "pulling on the other car" ask him to give an accurate detail and color of the car. If he can even recall it was a black car, it might help you cast doubt on your case (The officer can just lie about the color). You might want to ask if the car you were pulling on had HID's (93/98 camaros do not have HIDs - Print out website stats stating these cars use Halogen lights). If officer said the car you were pulling on had HID's, you can state your C6 has HID's and you were being pulled on etc. Chances are the officer will not remember the situation, and can state there was noone around you.
It's a long shot to win unless you have pictures, videos, and witnesses. The only avenue you can win is by details and be quick to ask questions on accurate details. Prepare for your case, and have car stats of a 93/98 camaro and your Z06 (may not need it, but as you ask more questions you may need to pull out pictures of the vehicles and point out details). If your rusty on debating and public speeches, now is the time to brush up on it before court. You'll have to be quick with your questions, and remember if you can't prove it, it's a wasted question (your questions will have to be structured in a way that casts doubt, not what you saw).
Good Luck.
You only have a few options to win this case.
1. Hope officer never shows up in court.
2. Without pictures or video, your deep-sixed. Officers words will win over you.
3. Read over your ticket and see if you can spot any errors carefully. (i.e. color of car, make, model etc.)
If you choose to fight, here are some suggestions:
1. Ask the officer to give you a detailed description on how your car was stoped and the surroundings of car. Write down details of his description. Ask him to accurately describe your car.
2. Question the officer how the officer determined your speed on where he aimed his radar gun at. If he says "He pointed the radar gun to your front plates." Show him a picture of your Corvette with no front plates. This will almost get you off the hook if the officer cannot remember details about your car.
3. If he makes no mention of were the radar gun is pointed at, ask him the question where was the radar gun pointed at. If he just says "your car" and no specific location, then land him the question "How do I know that the radar gun is accurately taking the speed? How do I know you didn't measure the speed of the wheels turning?"
4. Ask the officer "where is the most accurate location of a car to determine the actual speed?" Chances are, it's the front license plate.
5. Going back to #1 if officer fails to describe your C6 in accurate detail (i.e. tinted windows, missing front license plate). Then ask him how do can you be sure that he correctly pointed the radar at the correct car as there was another black camaro that flew past you (this is subjective and your words will not hold much water, but more of a push to get you off on details).
6. If the officer, mentions in his description to the judge that you were "pulling on the other car" ask him to give an accurate detail and color of the car. If he can even recall it was a black car, it might help you cast doubt on your case (The officer can just lie about the color). You might want to ask if the car you were pulling on had HID's (93/98 camaros do not have HIDs - Print out website stats stating these cars use Halogen lights). If officer said the car you were pulling on had HID's, you can state your C6 has HID's and you were being pulled on etc. Chances are the officer will not remember the situation, and can state there was noone around you.
It's a long shot to win unless you have pictures, videos, and witnesses. The only avenue you can win is by details and be quick to ask questions on accurate details. Prepare for your case, and have car stats of a 93/98 camaro and your Z06 (may not need it, but as you ask more questions you may need to pull out pictures of the vehicles and point out details). If your rusty on debating and public speeches, now is the time to brush up on it before court. You'll have to be quick with your questions, and remember if you can't prove it, it's a wasted question (your questions will have to be structured in a way that casts doubt, not what you saw).
Good Luck.
Last edited by FLZ_Boy; 05-02-2008 at 08:37 PM.
05-02-2008, 08:42 PM
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After pondering last nights situation it is obvious the the two camaro's were probably racing or both were driving aggressive.
I wonder if the officer can even distinguish between a camaro's tail lights and a corvette's tail lights not to mention the obvious difference in headlight colors as in the shade of white the headlight bulbs give off.
To an untrained eye a Corvette could be mistaken for a Camaro and vice verse. Honestly the cop should have been able to tell the difference and should have been able to have time look for the car since he had radar on, I had time to look for him I didn't know whether he was sitting on the side of the road or what. Another thing I have seen the highway patrol sitting on these back road highways standing outside the car using laser at night so I am real cautious around the whole area.
Again I was warned of radar when we were probably 1/2 a mile or more from each other so why would I continue to speed and why not get me for the 50+ mph when the speed limit was 50 when he passed me and the other cars were even farther back into the 50 mph limit than I was.
Also the point of him reading or estimating my speed. The speed limit was 50 not 65 when I passed him it turned to 65 just after I passed him I have to verify this.
This is the only thing right now is to ask where was my speed taken.
I wonder if the officer can even distinguish between a camaro's tail lights and a corvette's tail lights not to mention the obvious difference in headlight colors as in the shade of white the headlight bulbs give off.
To an untrained eye a Corvette could be mistaken for a Camaro and vice verse. Honestly the cop should have been able to tell the difference and should have been able to have time look for the car since he had radar on, I had time to look for him I didn't know whether he was sitting on the side of the road or what. Another thing I have seen the highway patrol sitting on these back road highways standing outside the car using laser at night so I am real cautious around the whole area.
Again I was warned of radar when we were probably 1/2 a mile or more from each other so why would I continue to speed and why not get me for the 50+ mph when the speed limit was 50 when he passed me and the other cars were even farther back into the 50 mph limit than I was.
Also the point of him reading or estimating my speed. The speed limit was 50 not 65 when I passed him it turned to 65 just after I passed him I have to verify this.
This is the only thing right now is to ask where was my speed taken.
Get pictures and distances of the 50 and 65 mph sign. Ask the officer where he took clocked you at precisely. Chances are he knows the area very well and knows those 2 signs, but there is a chance he might slip up and clocked you at the 50 MPH sign and you can say there is a technically problem with him stating 65 MPH. Details!
Of course judge may not like you wasting court time either as he hears x1000 stories why people are not guilty.
05-02-2008, 08:54 PM
#10
Racer
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3. If he makes no mention of were the radar gun is pointed at, ask him the question where was the radar gun pointed at. If he just says "your car" and no specific location, then land him the question "How do I know that the radar gun is accurately taking the speed? How do I know you didn't measure the speed of the wheels turning?"
6. If the officer, mentions in his description to the judge that you were "pulling on the other car" ask him to give an accurate detail and color of the car. If he can even recall it was a black car, it might help you cast doubt on your case (The officer can just lie about the color). You might want to ask if the car you were pulling on had HID's (93/98 camaros do not have HIDs - Print out website stats stating these cars use Halogen lights). If officer said the car you were pulling on had HID's, you can state your C6 has HID's and you were being pulled on etc. Chances are the officer will not remember the situation, and can state there was noone around you.
6. If the officer, mentions in his description to the judge that you were "pulling on the other car" ask him to give an accurate detail and color of the car. If he can even recall it was a black car, it might help you cast doubt on your case (The officer can just lie about the color). You might want to ask if the car you were pulling on had HID's (93/98 camaros do not have HIDs - Print out website stats stating these cars use Halogen lights). If officer said the car you were pulling on had HID's, you can state your C6 has HID's and you were being pulled on etc. Chances are the officer will not remember the situation, and can state there was noone around you.
He stated I was pulling on him not the other car.
See he passed me going the other way meaning he was driving. So he could infact not be positive what car he was chasing but like I said earlier he as I did should have had time to look at the cars going by. I would have already passed him by the time the other two cars went by so he should have been looking for totaly different lights. Not 4 big round taillights.
Last edited by ArrogantZ; 05-02-2008 at 09:04 PM.
05-02-2008, 09:01 PM
#11
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Highway patrol has radar in the car they can read oncoming traffic and approaching traffic from behind them while they are moving. Their radar is just on. There are a lot of times I go by someone pulled over and the radar detector is just blaring away
He stated I was pulling on him not the other car.
He stated I was pulling on him not the other car.
In anycase, it's going to be an uphill battle. GL
05-02-2008, 11:00 PM
#12
Pay up...you are not going to beat this one...sign up for driving school....
Valentine= Ticket detector....
Here is where he nailed you:
"all three of us passed a semi I merged into the right lane (two lanes both directions with a center median) because I was going to turn right at the next intersection."
Guess you passed the semi at 57 mph....right....????
Valentine= Ticket detector....
Here is where he nailed you:
"all three of us passed a semi I merged into the right lane (two lanes both directions with a center median) because I was going to turn right at the next intersection."
Guess you passed the semi at 57 mph....right....????
Last edited by rihwoods; 05-02-2008 at 11:10 PM.
05-03-2008, 12:00 AM
#13
Racer
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I have to turn there because that street leads to front section of my housing track. I usually turn at the intersection before because I live at the back og the housing track but for what ever reason went straight.
05-03-2008, 12:13 AM
#14
Yes, but this was in the 65mph zone and the semi is the only vehicle I passed not to mention traffic from behind caught up to me. In fact there was a car who came unsafely close behind me when I turned right. This car was between me and the CHP. The CHP pulled me over immediately. Again the speed before is 50mph so it's easily possible to pass the semi and the other two cars were not the other cars in question. One was a sedan and the other was a compact truck.
I have to turn there because that street leads to front section of my housing track. I usually turn at the intersection before because I live at the back og the housing track but for what ever reason went straight.
I have to turn there because that street leads to front section of my housing track. I usually turn at the intersection before because I live at the back og the housing track but for what ever reason went straight.
Good luck...
05-03-2008, 12:25 AM
#15
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I already attended traffic school in September so really it would be up in the air as to whether they would give me the second chance to attend.
Look at it this way I could have possibly have had my car impounded and went to jail for something I had nothing to do with. I am sure that the 4th gen Camaro went triple digits because it's apparent to me now he was running from the CHP. Now turn the scenario into he estimated my speed at 95,100,110+ and you see my concern.
Because of the type of work I do, I could lose my job over that.
So this is very serious to me and since I live in the area I have this guy patrolling around where I live and I can't even be safe obeying the law.
So I WANT to tell that officer again that he was wrong and that he needs to be more perceptive and accurate.
Also I realised something earlier he was using radar when he passed in the other direction but had no radar on when sped up to me or when I got directly behind me. This leads me to believe he recorded the speed in the 50mph zone and saved the recorded speed and radar was no longer being used or he just estimated my speed. Which I would ask why when he was using radar.
On my ticket there is an area that says special and has the number 789, anyone know what that means
Also the box for radar unit /patrol vehicle no is 1240189 it is not checked so I don't if that means radar was used to get the speed or if it was estimated.
05-03-2008, 12:30 AM
#17
Racer
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Again I would have fessed up to him had I been speeding. I probably would have greeted him with a smile and told him I know I was speeding and that I was sorry.
05-03-2008, 12:48 AM
#18
Don't know how you would convince a judge except your story about the CHP u-turning and the Camaro story....??? Tough deal....
05-03-2008, 01:16 AM
#20
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I think I fully understand how you got the ticket. The black camaro with excessive speed got nailed by the cop's radar when he was behind you closing the gap. the cop probably didnt even notice 2 black cars ( I'd ask that ? in court )Cop goes past you both he makes a u turn and procedes to catch up to a BLACK sports car the camaro's are gone now and he finds the unlucky driver of a black car...YOU and you get the ticket.