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Pulled over again with CHL.....

Posted: Fri Jul 13, 2007 10:24 am
by HEMIzygote
I posted a thread not long ago about getting pulled over and given a warning since the LEO had respect for my CHL.

Well, yesterday I was pulled over a 2nd time. But this time I was NOT speeding and have proof and valid argument.

It was a bike cop who seemed really upset he had to work that day. But this one makes no sense and I can't piece it together.

I was pulling out of a United Marketstreet and pulled over less than 10 seconds later. He came up and told me I was being cited for speeding 58 in a 40. Complete crap!

I asked how the speed was registered and he stated it was laser. My radar detector did not going off, so red flag #1.

I asked to see the laser and he said he had reset it already. Yeah right, red flag #2.

I showed him my timed receipt from Marketstreet and he wanted nothing to do with it.

The time on my receipt and the time of me getting pulled over was within a 3 minute timeframe. So red flag #3.

I then asked where he saw me coming from and he pointed from the intersection past the grocery store. Thats when I laughed and saw he was clearly lying. I told him I just left the store parking lot, here is my receipt, I was never in that intersection, so you must have lasered someone else and got me instead.

He didn't really care with my argument, said he has been doing this for 15 years (probably another lie since I would put him around 31-33 age range).

So, I know I can contest the ticket ask get a jury/non-jury trial. But I was curious as to what my odds are with argument. I have a timed/dated receipt showing a time 3 mintues earlier to the time on my ticket. There is also no way I got up to 58 in that 10 seconds of leaving the parking lot on a road with pretty heavy traffic.

Any advice would be awesome![/b]

Posted: Fri Jul 13, 2007 10:27 am
by txinvestigator
None of your red flags are. You have been listening to myths.

If you believe you were not speeding plead not guilty and present your case to the court.

What does this have to do with CHL discussion?

Posted: Fri Jul 13, 2007 10:30 am
by hi-power
What city did this happen in?

Posted: Fri Jul 13, 2007 10:34 am
by HEMIzygote
txinvestigator wrote:None of your red flags are. You have been listening to myths.

If you believe you were not speeding plead not guilty and present your case to the court.

What does this have to do with CHL discussion?
I know I was not speeding. It is in fact impossible due to where I was before I was pulled over. I am fighting this. Just wanted to know what all my options where.

Posted: Fri Jul 13, 2007 10:34 am
by HEMIzygote
hi-power wrote:What city did this happen in?
Lubbock TX.

Posted: Fri Jul 13, 2007 10:40 am
by seamusTX
Having a receipt from three minutes earlier doesn't prove anything. Most cars can accelerate from zero to 60 in ten seconds.

My advice is either get a lawyer or take your medicine. A lawyer can nearly always get you off. There's probably one in town that specializes in traffic tickets.

Don't bother arguing your own case. I tried that once. I quoted some law (this was 30 years ago and I don't remember what). The judge said, "Who do you think you are, Perry Mason?" and sent me to driver ed.

- Jim

Posted: Fri Jul 13, 2007 10:44 am
by hi-power
I've never represented myself for a speeding ticket, but it can be done. Take a look at this site for info on what to expect and other non-legal advice.

Posted: Fri Jul 13, 2007 10:45 am
by HEMIzygote
I actually just called in and briefly spoke with a prosecutor and he agreed to listen to my case today if I am there before 12pm. So I am about to leave to head that way.

And when I called in, some recording told me to wait on the line while other "customers" are being assisted. Thats funny!

Posted: Fri Jul 13, 2007 11:09 am
by pbandjelly
well, you are paying customers. :smilelol5:
good luck with all that.
srsly

Posted: Fri Jul 13, 2007 11:45 am
by HEMIzygote
Just got back from the meeting with the prosecutor and he dismissed the ticket. He agreed that the receipt could be easily used and if were to chose a jury trial, that the jury would be quick to see if was a questionable ticket.

He also sighed when he asked which officer wrote the ticket, which lead to me thinking that he has been a problem before.

Long story short....I made the red flags clear, he agreed it was a questionable ticket, and it was dismissed.

Posted: Fri Jul 13, 2007 11:59 am
by pbandjelly
I personally am glad it went away.
on the other side, maybe that particular police officer just made a mistake.
it's reasonable to assume that he runs into every excuse in the book.
I wouldn't want to admit to being wrong, if I was the Fuzz.
*shrug*

good for you to fight it in the court, so to speak, and not so much on the street.
:smash:

Posted: Fri Jul 13, 2007 12:15 pm
by phddan
txinvestigator wrote:None of your red flags are. You have been listening to myths.

If you believe you were not speeding plead not guilty and present your case to the court.

What does this have to do with CHL discussion?

And your thread about your daughter had what to do with this forum??

Dan

Posted: Fri Jul 13, 2007 12:34 pm
by Venus Pax
txinvestigator wrote:None of your red flags are. You have been listening to myths.

If you believe you were not speeding plead not guilty and present your case to the court.

What does this have to do with CHL discussion?
This has everything to do with a CHL, as one is required to show the CHL to an LEO when he asks for DL.

As for being pulled over so often, I'm now suspecting that Hemizygote drives a little red sports car with a personalized license plate that says something along the lines of 2FST4U.

Posted: Fri Jul 13, 2007 12:40 pm
by phddan
2FST4U


:grin:

Dan

Posted: Fri Jul 13, 2007 12:43 pm
by stevie_d_64
I dunno...

Bicycle patrol vs. automobile...

It just doesn't seem like a fair matchup... ;-)

Unless the notification to this patrolman set him off, I too, do not see a CHL relationship here...

I guess I just don't get into very many LEO encounters...