UPDATE: 2-0 on tickets

Started by GoCougs, January 10, 2012, 09:16:46 PM

GoCougs

Court date for the HOV lane ticket was today. The attorney just emailed saying case was dismissed. One of the chief reasons I chose to fight this one is because a city LEO was patrolling the interstate. She won't tell me the details of how she got it dismissed however so not sure if that was a factor. My employer moved to a different city recently so I no longer take the interstate so abusing the HOV lane with impunity is, sadly, no longer part of my daily repertoire.   :(

Court date for the BS speeding ticket I received not two weeks after the HOV ticket is on 2/1. The attorney fighting that is actually the brother of the attorney that just beat the HOV ticket. That one will be even easier to beat IMO. Will post results as soon as I get 'em.

2o6


bing_oh

Not sure why a city LEO patrolling the interstate would be an issue. As long as it's within the officer's jurisdiction (ie, interstate running through a city), they can legally patrol and enforce there...unless there's something in your state's laws regarding enforcement of HOV lanes by local jurisdictions.

GoCougs

Quote from: bing_oh on January 11, 2012, 11:28:48 AM
Not sure why a city LEO patrolling the interstate would be an issue. As long as it's within the officer's jurisdiction (ie, interstate running through a city), they can legally patrol and enforce there...unless there's something in your state's laws regarding enforcement of HOV lanes by local jurisdictions.

I have no idea if there are jurisdiction issues - I just didn't like it; as if the city has any material interest on HOV lanes on the interstate other than collecting revenue. In this particular city the interstate runs through the very south of its city limits, well away from downtown core.

bing_oh

Quote from: GoCougs on January 11, 2012, 12:13:14 PMI have no idea if there are jurisdiction issues - I just didn't like it; as if the city has any material interest on HOV lanes on the interstate other than collecting revenue. In this particular city the interstate runs through the very south of its city limits, well away from downtown core.

Just out of curiosity, what's a "material interest on HOV lanes?"

SVT666

Quote from: GoCougs on January 11, 2012, 12:13:14 PM
I have no idea if there are jurisdiction issues - I just didn't like it;

Well, then you're innocent. :nutty:


GoCougs

Quote from: bing_oh on January 11, 2012, 02:29:46 PM
Just out of curiosity, what's a "material interest on HOV lanes?"

Standing; the city has none of it.

rohan

http://outdooradventuresrevived.blogspot.com/

"We do not inherit the Earth from our ancestors, we borrow it from out children."

~Chief Seattle






Catman

Hmmm, we can patrol the highway and often help the State when they can't respond. :huh:

dazzleman

Cougs, you're as guilty as hell and it's a travesty of justice that you didn't get fined.
A good friend will come bail you out of jail...BUT, a true friend will be sitting next to you saying, DAMN...that was fun!

SVT_Power

Quote from: dazzleman on January 11, 2012, 06:07:00 PM
Cougs, you're as guilty as hell and it's a travesty of justice that you didn't get fined.

Someone forgot to take their chill pill this evening
"On a given day, a given circumstance, you think you have a limit. And you then go for this limit and you touch this limit, and you think, 'Okay, this is the limit'. And so you touch this limit, something happens and you suddenly can go a little bit further. With your mind power, your determination, your instinct, and the experience as well, you can fly very high." - Ayrton Senna

dazzleman

Quote from: SVT_Power on January 11, 2012, 06:09:04 PM
Someone forgot to take their chill pill this evening

How serious do you think I am?
A good friend will come bail you out of jail...BUT, a true friend will be sitting next to you saying, DAMN...that was fun!

SVT_Power

Quote from: dazzleman on January 11, 2012, 06:14:40 PM
How serious do you think I am?

I dunno, but how serious do you think I am?
"On a given day, a given circumstance, you think you have a limit. And you then go for this limit and you touch this limit, and you think, 'Okay, this is the limit'. And so you touch this limit, something happens and you suddenly can go a little bit further. With your mind power, your determination, your instinct, and the experience as well, you can fly very high." - Ayrton Senna

dazzleman

Quote from: SVT_Power on January 11, 2012, 06:18:28 PM
I dunno, but how serious do you think I am?

I think Cougs should either being doing a few weekends in jail, or some community service for this.  He's a flagrant violator who needs to learn a hard lesson.
A good friend will come bail you out of jail...BUT, a true friend will be sitting next to you saying, DAMN...that was fun!

2o6

It offends his sense of righteousness and personal morality, so he gets a free pass.




What makes him so right?

hounddog

Quote from: GoCougs on January 11, 2012, 12:13:14 PM
I have no idea if there are jurisdiction issues - I just didn't like it; as if the city has any material interest on HOV lanes on the interstate other than collecting revenue. In this particular city the interstate runs through the very south of its city limits, well away from downtown core.
Unless you can locate either:  policy, ordinance or state statute which specifically outlines the city police have no authority to take action on that stretch of roadway then it is you, my ridiculously little friend, that has no standing with which to fight this.  
"America will never be destroyed from the outside.  If we falter and lose our freedoms it will be because we destroyed ourselves."
~Abraham Lincoln

"Freedom and not servitude is the cure of anarchy; as religion, and not atheism, is the true remedy of superstition."
~Edmund Burke

Fighting the good fight, one beer at a time.

GoCougs

Quote from: Catman on January 11, 2012, 05:39:39 PM
Hmmm, we can patrol the highway and often help the State when they can't respond. :huh:

Sure, and that's good. But the city going out of its way to patrol the HOV lane I didn't like (the LEO was positioned such that his only purpose was to patrol the HOV lane - his bike was blocked by the jersey barrier such that he couldn't get a bead on anyone via a SMD).

dazzleman

Quote from: GoCougs on January 11, 2012, 07:40:43 PM
Sure, and that's good. But the city going out of its way to patrol the HOV lane I didn't like (the LEO was positioned such that his only purpose was to patrol the HOV lane - his bike was blocked by the jersey barrier such that he couldn't get a bead on anyone via a SMD).

What makes you so sure you'll beat the speeding ticket?
A good friend will come bail you out of jail...BUT, a true friend will be sitting next to you saying, DAMN...that was fun!

CJ

Why does it matter?  Plano police do this all the time. 

GoCougs

Quote from: dazzleman on January 11, 2012, 06:07:00 PM
Cougs, you're as guilty as hell and it's a travesty of justice that you didn't get fined.

Quote from: dazzleman on January 11, 2012, 06:21:54 PM
I think Cougs should either being doing a few weekends in jail, or some community service for this.  He's a flagrant violator who needs to learn a hard lesson.

Considering I violated the HOV lane every work day for ~3 years in theory it is a travesty. I only got caught this one time because I was leaving work early sick as hell and my concentration wasn't up.

dazzleman

#20
Quote from: GoCougs on January 11, 2012, 07:43:01 PM
Considering I violated the HOV lane every work day for ~3 years in theory it is a travesty. I only got caught this one time because I was leaving work early sick as hell and my concentration wasn't up.

:lol:
You probably got off because you're lawyer is chummy with a judge or someone in the court.  That's why she wouldn't discuss it.  It had nothing to do with the merits of the case, or lack thereof.

It's pretty venial, but I don't like corruption that much.  Justice should be as uniform as possible.
A good friend will come bail you out of jail...BUT, a true friend will be sitting next to you saying, DAMN...that was fun!

GoCougs

Quote from: 2o6 on January 11, 2012, 06:31:52 PM
It offends his sense of righteousness and personal morality, so he gets a free pass.




What makes him so right?

Pretty much.

Even if it wasn't the BS of a city LEO patrolling the interstate HOV lane I still would have fought it - HOV lanes are BS in that they contribute to pollution and congestion. I also don't care for traffic enforcement in general, and fight all citations. I'd much rather take my chances paying a traffic attorney ~$500 than put $150 into LE coffers.

dazzleman

Quote from: GoCougs on January 11, 2012, 07:49:47 PM
Pretty much.

Even if it wasn't the BS of a city LEO patrolling the interstate HOV lane I still would have fought it - HOV lanes are BS in that they contribute to pollution and congestion. I also don't care for traffic enforcement in general, and fight all citations. I'd much rather take my chances paying a traffic attorney ~$500 than put $150 into LE coffers.

Your choice, man.  One way or another, you got punished for your violation.  You'd have had a lighter punishment by paying the fine.  The lawyers must love you.
A good friend will come bail you out of jail...BUT, a true friend will be sitting next to you saying, DAMN...that was fun!

GoCougs

Quote from: dazzleman on January 11, 2012, 07:42:15 PM
What makes you so sure you'll beat the speeding ticket?

The LEO got the car in front of me when he was traveling head on. When I pointed out that it was impossible to have got me on radar he said he paced me behind the car he actually did get on radar. I asked how it was possible to pace me when coming head on, and he said he saw me behind the car. Then there was awkward "damn, I just go had" sort of moment, and said that's what he'll tell the court. He also marked "SMD" (speed measurement device) on the ticket which was false/lie (there is also the "pace" option). The traffic attorney said 99% chance he'll get it dismissed; not only on the merits of the case but that that particular court he says is "not up to snuff."

GoCougs

Quote from: hounddog on January 11, 2012, 06:55:03 PM
Unless you can locate either:  policy, ordinance or state statute which specifically outlines the city police have no authority to take action on that stretch of roadway then it is you, my ridiculously little friend, that has no standing with which to fight this. 

Never said nothing about not having "authority." I just thought it ridiculous, but as stated, I think everything about the HOV lane is ridiculous.

I had every standing to fight this; I did and I won.  :huh:

GoCougs

Quote from: dazzleman on January 11, 2012, 07:46:55 PM
:lol:
You probably got off because you're lawyer is chummy with a judge or someone in the court.  That's why she wouldn't discuss it.  It had nothing to do with the merits of the case, or lack thereof.

It's pretty venial, but I don't like corruption that much.  Justice should be as uniform as possible.

The particular traffic lawyer (Laconian knows of her IIRC) is very well known, and by what I hear, the courts/judges hate her as she pretty much wins all her cases and otherwise does nothing but beat them at their own game on their own turf.

She had to have won on a technicality - perhaps she played the game of moving court dates around to get paperwork lost (she moved it twice) or there was a SNAFU with the ticket, the LEO's record/standing, or who knows what.


GoCougs

Quote from: dazzleman on January 11, 2012, 07:53:43 PM
Your choice, man.  One way or another, you got punished for your violation.  You'd have had a lighter punishment by paying the fine.  The lawyers must love you.

The speeding ticket will cost me $850 to fight as it was 250 miles from home. It was only a $95 ticket. But again, each and every time I'll gladly pay a traffic attorney 10x the cost of a ticket. Fight the power and all that...

dazzleman

Quote from: GoCougs on January 11, 2012, 08:07:11 PM
The speeding ticket will cost me $850 to fight as it was 250 miles from home. It was only a $95 ticket. But again, each and every time I'll gladly pay a traffic attorney 10x the cost of a ticket. Fight the power and all that...
:lol:

I'd bet my bottom dollar you were guilty as hell of speeding too.
A good friend will come bail you out of jail...BUT, a true friend will be sitting next to you saying, DAMN...that was fun!

hounddog

#28
Quote from: GoCougs on January 11, 2012, 07:57:30 PM
Never said nothing about not having "authority." I just thought it ridiculous, but as stated, I think everything about the HOV lane is ridiculous.

I had every standing to fight this; I did and I won.  :huh:


Quote from: GoCougs on January 11, 2012, 05:28:11 PM
Standing; the city has none of it.

Standing; you said it.


Standing
noun

A party?s legal right to challenge the conduct of another party in a legal proceeding.



This one was mysteriously dismissed in such a way that your lawyer will not even tell you about it, you have yet another, and if you intend to challenge on standing, you should be doing some research right about now. ;)
"America will never be destroyed from the outside.  If we falter and lose our freedoms it will be because we destroyed ourselves."
~Abraham Lincoln

"Freedom and not servitude is the cure of anarchy; as religion, and not atheism, is the true remedy of superstition."
~Edmund Burke

Fighting the good fight, one beer at a time.

GoCougs

Quote from: dazzleman on January 11, 2012, 08:09:42 PM
:lol:

I'd bet my bottom dollar you were guilty as hell of speeding too.

Probably but honestly don't know for sure - I was just following the car in front of me and as he flew by traveling in the opposite direct she hit her brakes and I slowed. Never looked at the speedo, but then again, I almost never do, as I pretty much just drive at a speed that both safe and prudent.