Yet another ticket in WI - Chicagoland Sportbikes
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post #1 of 31 (permalink) Old 12-04-2006, 03:07 PM Thread Starter
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Yet another ticket in WI

So my wife got pulled over doing 91 in a 65 (the fact that it was EXACTLY 26 over is fishy... but whatever).



She's forced to go to court on the 20th or lose her license for a while... and pay a ~$300 fine either way. I've read all of the threads here and it looks like she has 4 options.

1) Pay the fine, bend over... wait for insurance to go WAY up.

2) Fight the ticket, hope to win (unlikely... but she's going to be there anyways). I believe she can plead Not Guilty for 91 in a 65, with the logic that she knew she was speeding, just not that fast.

3) Plea bargain the ticket down to 89 in a 65... smaller fine, damn near guaranteed.... will probably still beat us up in insurance.

4) Attempt to plea bargain for inattentive driving? Not sure what the deal is with this, but I hear it doesn't go on your record, and the fine's not a lot different.

Yes, this is the same wife that got a DUI just over a year ago, totalled my car 3 years ago, totalled her own car 4 years ago, got arrested for driving on a suspended license (which btw: got tossed out... they were wrong), and gets on average 1 ticket a year.

Yes, I have thought about just taking her keys away, or giving her a fucking 2HP Pinto to drive.
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post #2 of 31 (permalink) Old 12-04-2006, 03:08 PM Thread Starter
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post #3 of 31 (permalink) Old 12-04-2006, 03:13 PM
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Quote:
Originally Posted by Slycer View Post

2) Fight the ticket, hope to win (unlikely... but she's going to be there anyways). I believe she can plead Not Guilty for 91 in a 65, with the logic that she knew she was speeding, just not that fast.
Do this and she will get guilty for sure. Once you admit your were speeding, then you are found guilty. The only way to beat this ticket is to have her dress professional and go in there and swear up and down that she was NOT speeding. She should have some good questions for the cop on traffic conditions, calibrating the radar, where he was sitting, etc.

I have done this many times and been given a not guilty.

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Originally Posted by Slycer View Post
3) Plea bargain the ticket down to 89 in a 65... smaller fine, damn near guaranteed.... will probably still beat us up in insurance.
She would need to talk with the prosector BEFORE she goes in front of the judge to see if he will agree to that. The fine won't be any smaller. In WI, they usually will reduce the fine or the speed (less points that way).

I wouldn't worry too much about insurance. Mine has never gone up for any convictions I have ever had.

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Last edited by jrock; 12-04-2006 at 03:38 PM.
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post #4 of 31 (permalink) Old 12-04-2006, 03:17 PM
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post #5 of 31 (permalink) Old 12-04-2006, 03:18 PM Thread Starter
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Option 6 never let your wife drive alone again.
Wonder who I could hire to ride with her... I'm terrified to be in the car with her behind the wheel!
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post #6 of 31 (permalink) Old 12-04-2006, 03:34 PM
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Wonder who I could hire to ride with her... I'm terrified to be in the car with her behind the wheel!


My sister used to be that way, then she got in one bad wreck and she changed her tune. I hope it doesn't take that for your wife to calm down. When I used to drive in the car with her, I would pray and cover my eyes the whole way. This chick would drive the opposite way down 1 way streets . She had to drop me off for an interview downtown once. She made it from Matteson, IL to Wacker Drive in just under 15 minutes, I was kissing the ground when she stopped the car

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post #7 of 31 (permalink) Old 12-04-2006, 03:43 PM
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Do this and she will get guilty for sure. Once you admit your were speeding, then you are found guilty. The only way to beat this ticket is to have her dress professional and go in there and swear up and down that she was NOT speeding. She should have some good questions for the cop on traffic conditions, calibrating the radar, where he was sitting, etc.
+1

NEVER EVER EVER EVER admit you were doing shit. The burden rests on the state. Figure out, based on the circumstances, how to pull some pins out from under their case. Geometry (angle of radar waves versus direction of travel), visibility, traffic conditions (possibility to misread which vehicle generated the radar bounce), etc.

Act like you're prepared to fight it and let the state come to you with a deal.

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post #8 of 31 (permalink) Old 12-04-2006, 03:55 PM
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you mentioned your insurance going up automatically

I was under the impression that it would only go up if they pull your driving record for some reason. Changing companies, etc

Therefore, it wouldnt AUTOMATICALLY go up, although with her driving history....
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post #9 of 31 (permalink) Old 12-04-2006, 04:41 PM
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As the recipient of many speeding tickets in the fine state of Wisconsin, I may have a bit of insight.

For going 25 over or more, The state will suspend your liscence for a short time (mine was 15 days). However this suspension only applies in the state of wisconsin.

Call the phone number on the ticket (the clerks office) and get the prosecutors phone number. Call him and see if it can be reduced to inattentive driving. He will be more likely to do this if you have a clean driving record. He will probably not have your driving record easily available to him since you live out of state. He may take your word for it rather than going through the hassle of obtaining your driving record.
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post #10 of 31 (permalink) Old 12-04-2006, 04:50 PM
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My wife had the same ticket up in Sheboygan, we just paid it. Insurance never went up.




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post #11 of 31 (permalink) Old 12-04-2006, 05:02 PM
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Is there a reason why no one here has advised to get an attorney? Usually it is the default response here (which I happen to agree with). Does the State of Indiana not allow you the ability to retain an attorney to represent yourself in traffic court?

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post #12 of 31 (permalink) Old 12-04-2006, 07:19 PM
 
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When she was stopped did she admit anything to the LEO? If she did he noted it on the ticket so if you try to fight it your screwed. The best you can do is try to get it reduced if this is the case.

If she did not admit anything plead not guilty and request a trial by 6 of your peers. It will never goto trial - the PA will work something out with you a week before your trial. Just always stay with the same story that you were not speeding. Never admit nothing. I know someone who has done this 4-5 times and has had the tickets reduced to litering and other BS fines. But he has never had a speeding ticket which will allow the insurance companies to ass rape you.
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post #13 of 31 (permalink) Old 12-05-2006, 12:01 PM Thread Starter
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On the topic of, did she admit to speeding.

She told the cop, "I was going the same speed as the traffic around me". Which, I believe is an admission of guilt.

She called the clerks office, played phone tag for a while and eventually got to someone who told her that she could mail in a plea of not guilty, and then she would be contacted with a date for a trial, and would be contacted by the states attorney at which time she could try to get a plea bargain.

So basically... we can pay some schmuck lawyer $100 and pretty much be guaranteed it won't hit our insurance... or she can do it herself and take a risk (though admittedly a low risk).

And yeah, the ONLY thing you can ever say to a LEO is "I was obeying all laws and posted limits". Adjust the wording to suit your personal taste.
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post #14 of 31 (permalink) Old 12-05-2006, 12:08 PM
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there's always the funny story about going on about the severed ears in the glove box, the mangled arms stuffed under the seats, the heads in the spare-tire well.. etc...

...and your honor, I bet the officer said I was speeding too, didn't he?

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post #15 of 31 (permalink) Old 12-05-2006, 12:14 PM
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Lawyer Lawyer Lawyer Lawyer.

Did I type Lawyer?

Get a Lawyer. I don't even go to court for blowing a stop sign without a lawyer.

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post #16 of 31 (permalink) Old 12-05-2006, 12:23 PM
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Quote:
Originally Posted by Slycer View Post
On the topic of, did she admit to speeding.

She told the cop, "I was going the same speed as the traffic around me". Which, I believe is an admission of guilt.
I seriously doubt he wrote that on the ticket and I doubt even more that he would actually remember her saying that by the time she gets to court.

You don't need a lawyer, just have her go in and insist she wasn't speeding.

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post #17 of 31 (permalink) Old 12-05-2006, 01:54 PM
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I seriously doubt he wrote that on the ticket and I doubt even more that he would actually remember her saying that by the time she gets to court.

You don't need a lawyer, just have her go in and insist she wasn't speeding.

If you use Jrocks advice, the ticket will go on her record, your insurance will go up, and she mite lose her license.

If you get a lawyer and play the game with the state, they will reduce the charge so it does not go on her record.

It's better to pay more money for a lawyer so the shit doesn't go on her perminant driving record.

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post #18 of 31 (permalink) Old 12-05-2006, 03:38 PM
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Quote:
Originally Posted by Grasshopper View Post
I don't even go to court for blowing a stop sign without a lawyer.
Hey what you do with Stopsigns in the privacy of your own bedroom is not at issue here




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post #19 of 31 (permalink) Old 12-05-2006, 03:48 PM
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Supposedly I need to spread my 'reputation' for others before I spread it for Tony again.

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post #20 of 31 (permalink) Old 12-05-2006, 03:49 PM
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Hey what you do with Stopsigns in the privacy of your own bedroom is not at issue here
That was decent Tony. Don't flatter yourself too much though.

Don't worry Arch, I gave him rep for it.

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post #21 of 31 (permalink) Old 12-05-2006, 05:41 PM
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when I got a ticket in wisconsin, I got a bunch of mail from lawyers like a week before the courtdate. I went with one and didn't need to show up and it was dropped.

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post #22 of 31 (permalink) Old 12-05-2006, 05:50 PM
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Last time Jammin and were stopped for speeding in wisconsin...the conversation went like this.
LEO: Do you know why I stop you today
Jammin: No!
LEO: Do you know the psoted speed limit?
Jammin: Yes!
LEO: And what is that speed limit?
Jammin: 45 MPH
LEO: And what was your speed sir?
Jammin: 45 MPH
LEO (screaming at the top of her bitchy voice): BULLSHIT!
RickC1957: laughing
LEO: this isn't funny sir!
LEO: You were not traveling 45 MPH!
Jammin: Ma'man we were doing the posted limit...45MPH
LEO: I don't want to see you two on the roads again today (walks away)
RickC1957 to Jammin: She must of gotten laid last night, or she thinks your tanned ass is cute!

Moral of the story don't admit anything....nothing at all....stick to your story.

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post #23 of 31 (permalink) Old 12-05-2006, 07:19 PM
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As the recipient of many speeding tickets in the fine state of Wisconsin, I may have a bit of insight.

For going 25 over or more, The state will suspend your liscence for a short time (mine was 15 days). However this suspension only applies in the state of wisconsin.
Bingo.

But she should count her blessings. Over 85mph they CAN take you in. Over 100mph and/or 30 over usually is a guarantee of a visit to the local holding cell. Also she's lucky she didnt get slapped with a reckless driving charge also (for being 26 over). BTW the cop may have put down a lower speed to keep from having to take her in.

"I was going along with traffic" isnt any excuse. Aint gonna work on the side of the road with the officer, aint gonna work in court either. Best thing is to talk to the DA. THey are more interested in $$$ than points (26over is 6pts) . You may be able to get a defective speedo charge instead of speeding (inattentive driving is about as bad as a 15mph over ticket FYI.)

My bet is she got pulled from the group because either...
A) She was going slightly faster than the rest
B) Everyone else slowed down when they seen the cop and she didnt
C) IL plates
D) All of the above

Driving out of state, you really shouldnt be driving like an idiot. Doesnt matter if its a WI driver in IL, IL driver in WI or which ever. Most cars I see on I-90 from Beloit to Madison pulled over are out of state. I have no problems driving 80-85 in I90 in WI, but the second I hit the IL border its 70 in a 65 or 60 in a 55.

Dude you really need to tell her to SLOW THE FUCK DOWN.

Last edited by YZFRob; 12-05-2006 at 07:22 PM.
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post #24 of 31 (permalink) Old 12-15-2006, 02:37 PM
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Quote:
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She told the cop, "I was going the same speed as the traffic around me". Which, I believe is an admission of guilt.
Well, I have been driving from Wisconsin to Illinois every weekend on I-94 for probably the past year, so I know the traffic patterns pretty well. I can say clearly, without a doubt, that traffic does not move at 91 mph on I-94. The average pace is about 73 mph. I can drive anywhere from 70-75 mph and no one flies past me like Im standing still.

My advise, either you 1) talk with the appointed attorney, plea no contest and they may lower the ticket to either 24 (no suspended license) or 19 (4 points) mph over, depending on how nice the appointer attorney is feeling that day. She wont get a suspended license, but she will still pay the larger fine because they want their money.

... or 2) get a lawyer, pay the guy a bunch of money and still see the same result.

Fact is, your wife has a history of careless driving. If she pleas not guilty, it will get an actual court date, you will be paying court fees, lawyer fees, and wasting a lot of your own time only to have her history of suspended licenses, DUI's, accidents, and all other moving violations she has had in the past blow your defense out of the water.

I would recommend the no contest option, hoping it gets lowered to a lesser moving violation.

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post #25 of 31 (permalink) Old 01-15-2007, 05:32 PM Thread Starter
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End result:
She sent a letter entering a plea of not guilty.
Got a court date on 1/12, went, had them reduce it to inattentive driving... same fee. No lawyers involved.

They could've reduced the fine, or the penalty, but not both.
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post #26 of 31 (permalink) Old 01-15-2007, 05:51 PM
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should have gave them another 50 bucks, and called the judge a cow tit pulling cheese head



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post #27 of 31 (permalink) Old 01-15-2007, 05:57 PM
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Inatentive driving in Wisconsin does not show up as a moving violation in Illinois.

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post #28 of 31 (permalink) Old 01-15-2007, 06:01 PM
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Quote:
Originally Posted by Grasshopper View Post
Inatentive driving in Wisconsin does not show up as a moving violation in Illinois.
Then I would take that ticket and run with it. Any time a ticket doesn't effect your insurance rates is a good ticket in my book.

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post #29 of 31 (permalink) Old 01-15-2007, 06:24 PM Thread Starter
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Then I would take that ticket and run with it. Any time a ticket doesn't effect your insurance rates is a good ticket in my book.
+1
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post #30 of 31 (permalink) Old 01-15-2007, 06:25 PM
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Quote:
Originally Posted by Grasshopper View Post
Inatentive driving in Wisconsin does not show up as a moving violation in Illinois.



That's because those Cheesehead buttheads think all FIB's are inattentive by nature.


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