Scan Gauge to get out of a ticket?

[kpaske]

There is a thread on one of the VW forums where a very similar question was asked. In this case, the scan device didn't record the actual speed, but it can be calculated based on RPMs. Depending on the state, sometimes defending yourself and presenting evidence, if done correctly, will get you out of a ticket. I know because I've done it in Maryland. However, from my experience, the best thing to do is go to court and hope the cop doesn't show. If he does, like WormGod said, plead guilty with an explanation. Tell them about how you have a bladder control problem and really had to do #1 so you were rushing to make it home. Or whatever. It really doesn't matter what the excuse is because as long as you are courteous and respectful, dress appropriately, and present yourself in a positive manner (and don't have warrants or a record a mile long, of course) you will almost always get your fine and points reduced.

If you are positive that you weren't going 94 or darn close to it, and that the cop's estimate was way off, you might have a chance at going to trial. But if your scan device doesn't save the trip log with time stamps and everything, I think you'll have a tough time getting your evidence accepted and at that point if you're found guilty you'll pay the full fine and get all the points. I've heard of people asking for laser calibration records and such, but I don't personally know of anyone who has actually used that tactic.

Regardless of the outcome in court, unless the charges are dropped, your insurance record will reflect the new ticket and your rates could go up (it all depends on the insurance company).

There is a lot of interesting advice in that thread. I'm not sure if you'll need to register to read it: VW thread

[kpaske]

Oh yeah, and Maryland has changed quite a bit since I left there about 4 years ago. 86 used to be just barely keeping up with traffic!

[Ruflyf]

Dont you know anyone that knows someone? Hehe that is by far the most effective method. If not, I would suggest at least going to court, that way you always have the possibility of convincing the judge to something lesser or if the officer doesnt show up, then your innocent anyway. I dont have a scan guage, but if the scanguage has a time/day stamp maybe video the information? I realize its goig to be all hearsay, but cant hurt to have.

Added---Also ask when the gun was last calibrated, and suggest it be retested because your vehicle info shows it being incorrect. (I am assuming you have stock tires, etc.) 90% of success in a courtroom (without a lawyer) I believe is attitude, or lack there of. If you are professional & courtesous you'll get alot farther than if you go in swearing his gun screwed up. Also mention your clean driving record if you have one. G/L

[Locomigo]

Um, suck it up and pay the ticket??? Dont know that 8 MPH is going to make THAT much difference.

Go in early talk to the DA and plea it down. Some areas allow you to pay early and get points reduction, etc. If not, and that isnt too appealing take your chances and talk to the DA and pray for lienency.

Good luck.

[etlsport]

nope, no time/date, i was thinking i could take a photo of it w/ timestamp because it does have a 'previous day" display on it, it doesnt sound like itll be much use since i didnt just show it to the officer at the time, looks like ill just be going to court and hoping to get by on my boyish good looks/charm haha

the idea was that if i could show the radar gun to not be accurate i can just claim he has no way to prove how fast i was going, since the scan gauge doesnt say WHEN i went 86.. just that the fastest i was going was 86

[WyrreJ]

Google is your friend - there are a lot of resources on the net about how to best combat a ticket - all kinds of interesting information including information regarding illegal speed limits (in some states if the speed limit for that part of the road was not formally evaluated by the DoT then posting signage may actually have the effect of making the speed limit completely unregulated).

The sites may not directly address the usage of a scan guage, but it can probably be used as supporting evidence for inaccuracy of measurement, depending on the other conditions.

One thing to note - "settling" for a reduced fine is usually bull****. The cost of a ticket is rarely in the fine - it is in the long term effects on your insurance rates - which can easily cost you thousands over the course of a couple of years. In *most* cases you would be better off paying a higher fine up front in exchange for keeping the affair off your driving records.

Even if your speed was dangerously in excess you should do everything you can to fight the ticket - far too many speed limits are all about revenue and actually decrease safety because they are set too low. So no matter how "guilty" you might feel, consider all the poor slobs who got screwed over by illegitimate speed limit enforcement and consider it your duty to try to balance things out. Speed limits shouldn't be a game, but its the politicians who have made it that way so you should feel no compunctions about playing hardball.

[etlsport]

One thing to note - "settling" for a reduced fine is usually bull****. The cost of a ticket is rarely in the fine - it is in the long term effects on your insurance rates - which can easily cost you thousands over the course of a couple of years. In *most* cases you would be better off paying a higher fine up front in exchange for keeping the affair off your driving records.

how can you keep it off my driving record by paying a higher fine?

[VehiGAZ]

My two cents...

First thing to do is to research the county/state to see what you need to get a reduced fine and/or infraction. Some courts bend over for you if you bring a lawyer, others will make you a reduced-fine deal just for showing up and not looking like a gangster (e.g., MO and CT, respectively). Go to court (with the lawyer, if necessary) and be prepared to pay fines in excess of the ticket for a reduced, non-moving violation. As suggested, you will save thousands in the end paying $250 for an illegal parking infraction rather than $100 for a speeding ticket plus an extra $1000 a year in insurance for the next 5 years.

Your scan gage data will most likely not be of any use as evidence, since it is not recognized by the court as a legitimate speed-data-collection instrument, although it is worth noting to the prosecutor that you have this additional instrumentation and a working speedometer, and they both showed your speed as "at least 10 mph lower" than what the cop wrote up. It'll open the door just enough for him to think the case against you may be a little bogus.

Incidentally, some states (notably CT - not sure which others) will sometimes offer a "charitable contribution" option if your speed was not excessive and you have a decent driving record. This is the Holy Grail of getting-out-of-a-ticket as far as I'm concerned: You get a ticket that would run you $150. The prosecutor offers you a reduced fine of $75, but it's still a speeding infraction (i.e., moving violation - with points). You let him know that it's not so much the fine you want to reduce as the infraction, then he offers to let you make a charitable contribution in the amount of $150 in exchange for reducing the charge to illegal parking (i.e., non-moving, AND NO POINTS). You say, "DEAL! Thank you very much!!" The bailiff right outsidde the court room collects for United Way, you write him a check, get off the moving violation, then write the $150 off as a deduction on your taxes! Talk about win-win!!

Full disclosure: this advice is from someone who has gotten well over 40 (and maybe over 50 at this point) speeding tix in his 21-year driving career, and still pays normal insurance rates.

[WyrreJ]

how can you keep it off my driving record by paying a higher fine?

I didn't say you could - but when people "plea-bargain" speeding tickets they always seem to go for a reduced fine which is peanuts. If the prosecutor and/or judge is willing to bargain, you might as well go in asking for something that is worth real $$ in your pocket, not penny-ante crap.

I would make the argument that it does not serve the state's interest for the insurance companies to milk you when some portion of that money could go into the state's coffers instead. Of course that argument also implies that the whole system is corrupt including the court's role in it all and if you get a smart judge in a bad mood, he might realize you are making that implication and decide to make you pay for speaking the truth.