Speeding Ticket - Retiring Officer - Page 2

robbiedawg · 09-17-2012, 02:34 PM

I have been handling traffic cases for just over 30 years.In that situation here in NC they would eventually dismiss the ticket if the officer was unavailable,but you might have to go to court a few times first.They would make an attempt to subpoena an officer who had retired or moved,and if they were unsuccessful in getting officer in after a few tries,it would eventually be dismissed . If they serve the officer with a subpoena,he has to appear or face contempt of court charges.They give you a workout first in that you have to commit the time, but you may eventually win.If NY throws it out the first time,that's great.

Maloney · 09-17-2012, 03:31 PM

Quote:

Originally Posted by robbiedawg

I have been handling traffic cases for just over 30 years.In that situation here in NC they would eventually dismiss the ticket if the officer was unavailable,but you might have to go to court a few times first.They would make an attempt to subpoena an officer who had retired or moved,and if they were unsuccessful in getting officer in after a few tries,it would eventually be dismissed . If they serve the officer with a subpoena,he has to appear or face contempt of court charges.They give you a workout first in that you have to commit the time, but you may eventually win.If NY throws it out the first time,that's great.

Hmm... This makes a little more sense. So, potentially, they could subpoena him during retirement? I wonder if they do, I'm sure there is a retired LEO out there with some insight to this.

monsta · 09-17-2012, 04:07 PM

Quote:

Originally Posted by Maloney

If anyone is familiar with the Henry Hudson Parkway (9A), I was going North and the speed limit is 35 MPH. Not sure why it is 35 MPH, but it is what it is. They just paved it and the S curves are tempting as it is a 3 lane highway. I asked him where he was hiding and he laughs and says he can't tell me that, but I would have had to break my neck to see him. Apparently, there's a spot they hide that's up a hill on the right hand side, so be careful.

This is where he was:

https://maps.google.com/maps?q=40.86...num=1&t=h&z=17

I was actually going to ask you in my first post if it was there that you got caught.... there are a couple of spots he parks at, I travel on this road everyday always on the way home & sometimes on my way in in the mornings...

Quote:

Originally Posted by M3crit

Same exact thing happend to me about a month or two ago, by ay chance was he a kind of heavy set black guy? he got me in a loaner car right where the speed limit changes from 55 to 35 around a bend. was extremely nice and told me the same thing he told you, that he would be retiring shortly and that i should plead not guilty, and that they would give me a Jan 13 court date and that by time he would be gone. sure enough i got the paper in the mail for a Jan 13 court date, so we'll have to see what happens then. good luck hope we didnt get scammed!

He's out there every morning and he stopped me a couple months back and let me go...he's always wearing the hooker boots lol

now as I'm ready to leave work I'm going to take it extra slow but heading south bound its 50mph

Maloney · 09-17-2012, 07:11 PM

Quote:

Originally Posted by monsta

He's out there every morning and he stopped me a couple months back and let me go...he's always wearing the hooker boots lol

now as I'm ready to leave work I'm going to take it extra slow but heading south bound its 50mph

Lucky that he let you go, I was hoping for the same fate.

He showed up out of nowhere when he pulled me over. He must of been flying because next thing I knew I looked in my rear view and there he was 2 feet from my bumper with lights on.

Talk2meg00se · 09-17-2012, 08:12 PM

Quote:

Originally Posted by Ricfutures

I used to tear up that section of highway when I lived there.

hah too funny - me too. the section between 57th and dyckman was prime late night "drive like a complete asshole" real estate for me. miraculously, i never got a speeding fine in either NY or NJ during the 1.5 years that i had my E92 there.

LarThaL · 09-17-2012, 08:12 PM

Quote:

Originally Posted by Maloney

As I was driving back from MPACT east, I received a speeding ticket in one of the 5 boroughs of NYC. I realize speeding is wrong so please leave out the flaming ..........

I beg to differ. Speeding is most certainly not wrong. A given speed limit is determined by a whole slew of factors, not all of which are always present, yet it would present a logistical nightmare to set a differing speed limit for differing conditions.

Scenario #1: A 77 year-old guy with mild dementia. He is in a 12 year old pick-up that barely passes inspection, driving in freezing rain with minimum tread all-season tires. The speed limit is 65, and he is driving 62.

Scenario #2: A 38 year old PhD engineer. He is driving an e92 M3 on a clear, dry, deserted interstate early in the morning. The speed limit is 65 and he is driving 90.

Who do you think is "wrong" here. My contention is that the guy who is driving 62 is "wrong" even though he is under the speed limit, as he is posing a far greater risk to public safety than the guy going 90, who, IMO, is posing no threat to anyone whatsoever.

And how about a highway that crosses a state line with no change whatsoever in the road or environmental conditions, and yet the speed limit can change 10mph. Why? Why is it "wrong" on one side of the line and not "wrong" on the other.

I could go on and on, but I think you get my point.

Maloney · 09-18-2012, 10:03 AM

Quote:

Originally Posted by LarThaL

I beg to differ. Speeding is most certainly not wrong. A given speed limit is determined by a whole slew of factors, not all of which are always present, yet it would present a logistical nightmare to set a differing speed limit for differing conditions.

Scenario #1: A 77 year-old guy with mild dementia. He is in a 12 year old pick-up that barely passes inspection, driving in freezing rain with minimum tread all-season tires. The speed limit is 65, and he is driving 62.

Scenario #2: A 38 year old PhD engineer. He is driving an e92 M3 on a clear, dry, deserted interstate early in the morning. The speed limit is 65 and he is driving 90.

Who do you think is "wrong" here. My contention is that the guy who is driving 62 is "wrong" even though he is under the speed limit, as he is posing a far greater risk to public safety than the guy going 90, who, IMO, is posing no threat to anyone whatsoever.

And how about a highway that crosses a state line with no change whatsoever in the road or environmental conditions, and yet the speed limit can change 10mph. Why? Why is it "wrong" on one side of the line and not "wrong" on the other.

I could go on and on, but I think you get my point.

Try this scenario in court and tell me the result.

cpsquare8 · 09-18-2012, 01:34 PM

Quote:

Originally Posted by konaforever

Maybe he has a quota to meet?

The officers get paid to go to court-often OT. In some jurisdictions they must schedule the hearings on the days or times they are not on duty so coverage is not disrupted. That said I had an officer not show up in PA and the judge just said - so sorry we will reschedule it - see you in a few weeks. The question is do you really want to truck back to NYC for a hearing to find out if he is going to show up or not? I doubt there is reciprosity between NY and CT - no points. Now if your insurance company tracks this sort of stuff you could have another issue.

CCLSVTM3 · 09-19-2012, 01:18 AM

Quote:

Originally Posted by monsta

postpone it, "they do not bargain down speeding tickets in the 5 boroughs" this is a direct quote from a friend who is a lawyer in NYC

Where are the boroughs? Lol....

LarThaL · 09-20-2012, 06:04 PM

Quote:

Originally Posted by Maloney

Try this scenario in court and tell me the result.

Who said anything about court? I was referring purely to the concept of right as wrong as it applies to the theoretical reason for speed limits, which is safety. I say "theoretical", because we all know that there is revenue generating component involved as well.

Court is a game, a theater, if you will, in which the best player wins the game. Right and wrong are irrelevant. Presented well, any argument can have merit.

B8bydesign · 09-25-2012, 04:32 PM

Maybe you shouldn't have been speeding. Must have been going downhill to get that M3 over 35mph...

NoM3ForMe · 09-25-2012, 04:54 PM

Quote:

Originally Posted by B8bydesign

Maybe you shouldn't have been speeding. Must have been going downhill to get that M3 over 35mph...

Oh here we go again...

sherrod · 09-26-2012, 10:31 AM

I just get a local ticket attorney in the county I've received the ticket and have them handel it. I never get points or have to do any of the classes.

VMcV3y · 09-26-2012, 01:00 PM

Quote:

Originally Posted by B8bydesign

Maybe you shouldn't have been speeding. Must have been going downhill to get that M3 over 35mph...

.

09-17-2012, 02:34 PM	#23
robbiedawg First Lieutenant Drives: 2008 ib e90 m3, 1995 acura nsx Join Date: Jan 2012 Location: chapel hill, nc Posts: 347 iTrader: (0) Garage List 2008 BMW M3 [0.00] 1995 ACURA NSX-T [0.00]	I have been handling traffic cases for just over 30 years.In that situation here in NC they would eventually dismiss the ticket if the officer was unavailable,but you might have to go to court a few times first.They would make an attempt to subpoena an officer who had retired or moved,and if they were unsuccessful in getting officer in after a few tries,it would eventually be dismissed . If they serve the officer with a subpoena,he has to appear or face contempt of court charges.They give you a workout first in that you have to commit the time, but you may eventually win.If NY throws it out the first time,that's great. __________________ ~ TRAFFIC LAWYER IN CENTRAL NC ~ 2OO8 E90 M3 /// INTERLAGOS BLUE w/BAMBOO BEIGE, CARBON LEATHER / 6MT / 19" 220M FORGED WHEELS / PREMIUM / MOONROOF / IPOD / BSW SPEAKERS ~EVERYTHING IN MODERATION,INCLUDING MODERATION ~

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09-25-2012, 04:32 PM	#33
B8bydesign New Member Drives: 2011 Audi S4 Join Date: Jun 2011 Location: Charlotte, NC Posts: 12 iTrader: (0)	Maybe you shouldn't have been speeding. Must have been going downhill to get that M3 over 35mph...

09-26-2012, 10:31 AM	#35
sherrod New Member Drives: 2011 M3 Coupe Join Date: Sep 2012 Location: Tampa Posts: 6 iTrader: (0)	I just get a local ticket attorney in the county I've received the ticket and have them handel it. I never get points or have to do any of the classes.