Fighting a Causeway Ticket Part 2 - Please don't bring the goat rodeo to this thread

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  • Bosco

    We are the hammer
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    I asked for help when I got the ticket and it turned into a giant mess with very little information on the actual topic I created. Please make your own thread if you don't want to help.

    The little information that was given in the last thread said to subpoena for the calibration records of the radar gun, the daily calibration logs, and the officers training. I just got finished all the travel I had to do for the month and can now process this information.

    I called the courthouse and was transferred to many different people when asking for this. Finally I was transferred to the DA's office that said I needed to speak with the Clerk of Court and then the Clerk of Court would transfer me back to the DA's office. It was a very frustrating hour on the phone with nothing answered. The Clerk of Court finally told me I had to go to a lawyer or a law library and write out my own subpoena duces tecum with very specific information (the officer's name/badge/time of incident/etc) because they will give me as little information as possible so it can't help me fight the ticket. They said they can provide no forms and advised I speak with an attorney to properly draft up the subpoena.

    There is conflicting information from the courthouse and the officer that gave me the ticket. The officer said I could go to the courthouse any time before the court date to contest the ticket. The courthouse said I had to show up on my court date (the Monday right after Thanksgiving, I will be out of town). They said I had to show up on my court date and plead not guilty and they would then arrange for a time to talk with the assistant DA about my case. What is the actual process? Why do they make it so difficult to get accurate information on what to do?

    Here is my case so far (is it enough to possibly get the ticket at least converted to a non-moving violation? or will i need a lawyer to get the subpeona'd documents?)
    1. My driving record is clean. I can print it out online for a fee and bring it with me to the courthouse. (I was ticketed for speeding in December 2015 but the DA's office at the Covington Courthouse converted it to an expired inspection sticker. Before that I've not had a ticket in 5+ years.)
    2. I have a witness. He is a coworker that I have no ties to outside of work that was carpooling with me to the airport. He has no reason to commit perjury for me.
    3. I had absolutely zero reason to go 81mph. I got on the causeway and set my cruise control at 68 mph. The flight we were taking didn't take off until 1pm and the speeding ticket time was for 10:55am
    4. I don't know if they keep a record of this but I've admitted guilt on ever ticket I've ever been given even in my teenage years. Both to the officer and to the court. I am an extremely honest person.

    I feel quite hopeless after my calls with the courthouse earlier. I'm hoping someone here can give me some advice to make me feel hopeful. I certainly don't have the money to pay this speeding ticket, let alone a lawyer, and I definitely cannot afford an insurance increase. Also it's very frustrating to be ticketed for something I am innocent of and fighting it is feeling impossible.

    PS I'm sorry for posting this here on a gun forum. I know it is a bit out of place but I also know there are good honest officers here who might be able to give me at least some advice and hope. I know nowhere else to ask for help that might be familiar with how the courthouse works on David Drive.
     
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    hunter5567

    Monolithic Mentor
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    You might be able to get a continuance on the court date so it doesn't fall on that Monday after Thanksgiving. I don't know how soon you can go to get a continuance. I had a similar circumstance where the speedometer on the truck I was driving was registering 10 mph below the actual speed I was going. I tried to contest it in court and even got the officer to come in off of patrol to show up in court. It ended up costing me $100 more on the fine to have my day in court. Maybe if you can talk to the DA before going to court to see if it can be knocked down to a lesser ticket. I think your best bet is to try to get it knocked down to a lesser ticket or less costly speeding ticket and pay the fine. You can't win in court against an Officer of the Law as the court is already biased in favor of the Officer as far as who is telling the truth in the matter. As you found out, it's like pissing up a rope to find out any information about calibration of radar equipment and maintenace logs.
     

    Bosco

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    I've gone to the DA in Covington back in 2015 with my driving record and told them I made a mistake by speeding and it's not something I ever do and asked for their mercy so to speak. But I was actually in the wrong that time and I was very grateful they changed it to a non-moving violation even though the ticket was the same amount. It's just so hard to swallow my pride and do that again when I was not going 81 mph.

    Also, I have a GPS I keep on at all times and it showed my speed same as my speedometer so it wasn't anything faulty with my vehicle. Not that it offers any evidence in my favor.
     

    John_

    Shooter
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    Lets just look at the facts as you have outlined. The odds of a lay person accurately drafting documents for a subpoena or multiple subpoenas for evidence and/or records are slim to none. Retaining an attorney to wage your fight and represent you will be quite costly.
    You already no doubt have spent hours on the phone and research.

    The way I see it, you either take off from work that Monday the 28th and appear and plead not guilty and go from there, or pay the fine and put it behind you. Any chance at beating this is incumbent upon your appearance Monday, or by an attorney representing you. The attorney route is not cost effective by any means, unless you have friend who happens to be an attorney, but then you wouldn't be asking here for advice.

    If you really want to fight it, I'd say take off the 28th, appear in court, plead not guilty. Then plead your case yourself to the assistant DA.
    Or just pay it and be done.
     

    Whitebread

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    As hunter said it's a waste of your time. Best bet is to sweetly bend the ear of a sympathetic clerk or DA and try for a reduced violation. I won't get into the right or wrong of it, as that will likely restart a pissing match. Hang in there man.
     

    DAVE_M

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    1. Go to court on your court date.
    2. Talk to the DA.
    3. You will either:
    A. be let off with a warning
    B. have to pay a fine.

    If A, go home.
    If B, pay the fine.

    Sounds good? Sounds good.
     

    Bosco

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    Would they even care if I brought my coworker in with me? I'd hate to ask him to take the day off of work if they won't even listen to him.
     

    DAVE_M

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    Would they even care if I brought my coworker in with me? I'd hate to ask him to take the day off of work if they won't even listen to him.

    Honestly, no. This isn't a murder trial, it's a speeding ticket. While I don't doubt that you are truthful, it's something you have to deal with. I was ticketed a little over a year ago for doing 76 mph after the toll booth, before I even hit the first crossover. It was on a Saturday at 10 am. I told the officer that I had nowhere to be, that the wife an I were going for lunch, and it didn't matter. Luckily, it was thrown out. Also, my wife received a ticket a few months ago in a similar situation, except her ticket was for 80 mph and was required to go to court. Regardless, the ticket was thrown out.

    My ticket was on the St. Tammany side and hers was on the Jefferson side, both thrown out.
     

    DaSOB

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    I think you'll probably go past a point of diminishing returns if you keep trying to fight it. There is no legal requirement, at least that I'm aware of, short of a subpoena duces tecum that the officer's radar information be made available to you. And trying to fight it in court over in that part of the state is going to be an exercise in futility. Probably best to cut your losses, see if they will knock it down to a lesser charge, or just pay the thing and move on.
     

    Whitebread

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    Also, my wife received a ticket a few months ago in a similar situation, except her ticket was for 80 mph and was required to go to court. Regardless, the ticket was thrown out.

    My ticket was on the St. Tammany side and hers was on the Jefferson side, both thrown out.

    Seems you have some useful info. Anything you could/would be willing to share publicly?
     

    Whitebread

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    Sure, I will publicly share that I don't have any information relevant to your interests.

    Next question.

    Ok fair enough. You want to keep the gorey details tight lipped.
    Could you put it in poker terms:
    Did you bluff the table?
    Were you holding pocket aces?
    Or did you luck up and win on the river?

    Just trying to give the op an idea if he has a chance in hell. I honestly never go to court if it made it to court I already lost.
     

    Bosco

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    Thanks for the information guys. I guess I will swallow my pride and try calling the DA's office and see what I can do to get the violation moved to something non-moving.
     

    JR1572

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    Thanks for the information guys. I guess I will swallow my pride and try calling the DA's office and see what I can do to get the violation moved to something non-moving.

    I'm sure that's something you would have to do in person, not over the phone.

    JR1572
     

    Whitebread

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    I'm sure that's something you would have to do in person, not over the phone.

    JR1572

    Sometimes, but not always. St. Charles and Tangipahoa reduced tickets for me in the last 5 years over the phone. But some places just flat out refuse. Got one in DeSoto Parish last year that I had to let it hit my record as a moving. One in Pearl Mississippi nearly two years ago was the same way.
     

    JR1572

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    Sometimes, but not always. St. Charles and Tangipahoa reduced tickets for me in the last 5 years over the phone. But some places just flat out refuse. Got one in DeSoto Parish last year that I had to let it hit my record as a moving. One in Pearl Mississippi nearly two years ago was the same way.

    I don't believe everything I read on the internet, especially from questionable sources on this site.

    JR1572
     
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