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The officer came to the passenger side window, asked for my license/registration, and then informed me I had been clocked going 66 mph entering "one of the most dangerous sections of road in MA" when the speed limit was 55 mph. He then walked away without saying anything else. I think I only had time to say "ok" to him and he was gone. A few minutes later he returned with my license and registration, handed me a ticket and told me the directions were on the back and walked away. He had his mind made up before he even turned on his lights to pull me over.
The bolded part irked me here a little bit. Typically, that's how most of us operate. The nature offense committed determines the enforcement action (citation vs. warning), not the person behind the wheel. Yes, sometimes the interaction can sway our discretion one way or or the other, but for the most part we try to be as objective as possible.
Now here is what I have trouble with. This is the BS part. Yes I was going 66 mph. I had set my cruise control to 65, but I am not going to argue that. I was however well within the flow of traffic, and I have two witnesses from my car who can verify that. Most of the other cars on the road around us were going the same speed as me. Also the officer was traveling about the same speed as me since I wasn't passing or gaining on him. In fact I had been passed by quite a few cars that morning on that road and after the event I was passed by quite a few more, none of which were pulled over.
The bold part matters. The italicized parts have no bearing on the circumstances determining your guilt.
Here is the other part that gets me. Between 6:30 and 7:00 am, we saw 6 more cruisers. It was like they were out on the prowl. The part that really gets me. Where I was pulled over was still a two lane highway. After entering "one of the most dangerous roads in MA" I had another cruiser come up on my tail. At this point I had my cruise control set to 55mp, exactly the speed limit. The officer stayed behind me for some time until we came to a large hill. At that point the officer proceeded to move into the climbing lane (the one for 18 wheelers and slow traffic)and pass me, going at least 65 mph. He did this with no lights, no sirens, no horn, nothing and this is the part of Rt2 that is only divided by the double yellow line.
Different situation, likely different officer. Irrelevant to the matter at hand.
As far as I am aware, the State Police have to follow the laws they enforce.
Actually, most states have it codified that Emergency Service Vehicles are exempt from traffic law. Safest thing to do? Maybe not, but most likely also not illegal.
But I do feel like there is some serious BS going on here, and like I got a bit of a bum deal.
How do you figure? You your self admit to the speeding violation.
I am a 28 years old, working as an engineer. I have been driving since I was 17 and have only had two speeding tickets, and only one on my record now. I know some people have better records than me, but I make a point to be a responsible driver. I am currently buried under college loans and trying to buy a home, so it is important to me to keep my insurance rates down. Currently I pay $135/month for insurance.
Irrelevant to the matter at hand.
Is this worth getting a lawyer for?
Depends how much (in your state) the fine is and how many points are associated with 11 over limit, how your insurance company will affect your rates, and how the court system in the jurisdiction in question works. If the prosecutor/officers are open to plea bargaining to a lesser speeding charge, or even a non-pointed violation, and will entertain discussion with the defendant themselves, there is no need for an attorney.
I'm going to go out on a limb and say you have no chance at a finding of "not guilty" based on the facts this far presented, attorney or not.
Let me know what you guys think... I need a good tactic to fight this one. I know arguing the cop was speeding too won't fly, so I need something better.
-Pete
There is no tactic. You are guilty of the offense. See if the prosecutor/officer is agreeable to a plea to a lesser offense, or take your hit like an adult.
