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Contesting a Speeding Ticket

Discussion in 'Florida' started by oldgoat1968, May 20, 2017.

  1. oldgoat1968

    oldgoat1968 Member

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    Hey, I know all problems start with "I have a friend who . . ." Well, this time, it is absolutely true. It wasn't my problem but a friend's. His story is that his wife was driving their Model S (I think it's a P90 but that doesn't pertain to the story) when she got stopped for speeding. His/her claim is that they weren't even close to the speed limit. His question to me (somehow, he thinks I know all things TESLA!) is: "I hear that Tesla contests insurance claims by showing evidence of data that was sent home by the car periodically. Can they do the same for getting a speeding ticket?" The thought is that if the data shows GPS location, vehicle speed, and time of day, they might have evidence to back up their claim that they were absolutely NOT speeding. But some of you lawyers out there might want to comment on this: "Even if Tesla does share this info with the owner, would the court pay any attention to it?"
     
  2. oldgoat1968

    oldgoat1968 Member

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    Hey, I know all problems start with "I have a friend who . . ." Well, this time, it is absolutely true. It wasn't my problem but a friend's. His story is that his wife was driving their Model S (I think it's a P90 but that doesn't pertain to the story) when she got stopped for speeding. His/her claim is that they weren't even close to the speed limit. His question to me (somehow, he thinks I know all things TESLA!) is: "I hear that Tesla contests insurance claims by showing evidence of data that was sent home by the car periodically. Can they do the same for getting a speeding ticket?" The thought is that if the data shows GPS location, vehicle speed, and time of day, they might have evidence to back up their claim that they were absolutely NOT speeding. But some of you lawyers out there might want to comment on this: "Even if Tesla does share this info with the owner, would the court pay any attention to it?"
     
  3. davidc18

    davidc18 Active Member

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    I expect that Tesla will not give you the data without a court order and good luck to your friend.
     
  4. Saghost

    Saghost Active Member

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    I don't see how it can hurt to call Tesla and ask. Gotta do it soon, though - I'm pretty sure neither the car nor the mothership keeps the data indefinitely. I don't know if a judge will listen, but if the evidence is clear, I think they might. Of course, that assumes that you've been told the truth and the car's logs prove they weren't speeding...
     
  5. McRat

    McRat Active Member

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    The court normally believes whatever the officer says, well over 90% of the time. Probably over 99%. No matter what 'proof' you have.

    Have her submit for traffic school.

    Ask her this: "Have you ever been speeding and were not caught? If so, a karma ran over your dogma. Choose a different hill to die on."
     
  6. HankLloydRight

    HankLloydRight Fluxing

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    Or hire a lawyer to fight the ticket. I had a ticket just after getting my P85+ and was ticketed for doing 45 in a 35. The cop said "sorry, but it's 'speed week' and we're not giving any breaks'. Gee, thanks.

    Anyway, I paid a lawyer $500 and he got it knocked down to a non-moving violation 'parking on pavement'.
     
    • Funny x 2
  7. NikeWings

    NikeWings Active Member

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    "I have a friend" and "his story is that his wife" lmao
    Friends and wives, whatever would we do without them. :D

    My dash cam records time, speed, gps etc. Ticket truthiness, another unintended use for the cam.
     
  8. gaswalla

    gaswalla P4201/85/airsusp/pano/19i

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    Ticketassassin.com
     
  9. MasterT

    MasterT Member

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    Getting log data from Tesla is a mysterious task - sometimes Tesla releases the data and sometimes does not. The manual for model X says the following:

    Tesla does not disclose the data recorded in your vehicle to any third party except when:
    • An agreement or consent from the vehicle’s owner (or the leasing company for a leased vehicle) is obtained.
    • Officially requested by the police or other authorities.
    • Used as a defense for Tesla in a lawsuit.
    • Ordered by a court of law.
    • Used for research purposes without disclosing details of the vehicle owner or identification information.
    • Disclosed to a Tesla affiliated company, including their successors or assigns, or our information systems and data management providers.​

    So, you might try getting a subpoena to get the data....
     
  10. daniel

    daniel Active Member

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    That P90 likely accelerates so quickly that the wife might actually have thought she wasn't speeding. I got a ticket when my Roadster was new: Quite literally, the speedometer cannot keep up when you floor it. Now I know that in a 25 mph zone I have to let off the pedal when the speedo reaches 20. In a 35 mph zone I have to let off the pedal when the speedo says 30. With radar, the cop knows how fast you're going. I recommend paying the fine. That's what I did. Having a "defective" speedometer is not a valid excuse for speeding.
     
    • Like x 1
  11. ElectricTundra

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    Too late if you don't already have Teslafi, but I think it'd be able to provide you with the data.
     
  12. coqui33

    coqui33 Member

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    FWIW, my experience has been that (unless you hire a very good lawyer) in traffic cases Florida judges allow no evidence other than the police officer's testimony. Not video, not dash cam, not logs, not witnesses, nothing. All ruled inadmissible.
     
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  13. kort677

    kort677 Active Member

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    in these matters the incestuous relationships between the courts and the cops stack the scales of justice against you.
    if you want to prevail you'll need incontrovertible to prove your assertions and even then the court could easily chose to ignore the evidence. If you want to be a smart ass you could try to get the cop under oath and ask him how many cases of his has this judge adjudicated, and how many cases did the judge rule against him. this is a dangerous path but could show that there is a pattern of the court accepting the cops "testimony" regardless of evidence.
    I am not advocating doing this, in fact it might be wiser to meet the prosecutor and try to plea the charges down. This has worked well for me in both TX and NJ, I have no experience in FLA.
     
  14. jbcarioca

    jbcarioca Active Member

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    Clearly true. My technique when facing this issue a couple of times was to request a trial, muster whatever I could to defend myself and show up in court. Twice the citation-issuing cop did not sow up, end of case.
    In another case the citation was for "parts of body protruding" while I was driving a Shelby 427SC (a real one) while the girlfriend of my passenger was sitting on the tonneau cover. I took a photo with me to court. The judge laughed and said, "indeed there were body parts protruding" and threw out the ticket. I still have it, framed with the photo.
    I know that last one was gratuitous and OT, but...
     
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  15. HankLloydRight

    HankLloydRight Fluxing

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    What? No pic of the offending incident ?? :)
     
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  16. daniel

    daniel Active Member

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    I have gotten 5 or 6 speeding tickets in all my years of driving. In every case I was speeding. I say, when you get a ticket, man up and pay the fine. Everybody's got excuses. I had an excuse for every one of my tickets. But I was still speeding. So I paid the fine.
     
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  17. kort677

    kort677 Active Member

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    #17 kort677, Jun 3, 2017
    Last edited: Jun 3, 2017
    I haven't been cited in years and in my tesla I rarely exceed the posted limits however I would always contest every citation because as was noted by others you never can tell what the outcome will be. I too have had tickets dismissed because the officer didn't show up in court, I've bargained charges down reducing the fines and points, one time after getting a ticket in TX I wrote the court and demanded a trial and they offered to reduced the penalties, they were just after my cash and I've even won a case where the wrong charges were filed on the summons, so while I agree about not going overboard fighting a ticket I would never just submit and plead guilty.
     
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  18. jbcarioca

    jbcarioca Active Member

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    There is, but it would be suited for the Pirelli calendar and it's faded now, fifty years later.
     
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  19. daniel

    daniel Active Member

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    For one thing, I have better uses for my time than spend it trying to squirm out of a ticket for something I was actually guilty of. For another, it's dishonest. When I make a mistake I admit it and move on. I applaud you for obeying the traffic laws. They exist to help keep us alive. Every justified ticket that you contest takes resources away from catching other speeders, and one of those speeders could end up killing you or someone you love.

    I do my best to obey those laws, but nobody's perfect, and when I screw up, I take my medicine and use it as a lesson to be a bit more careful.
     
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  20. kort677

    kort677 Active Member

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    #20 kort677, Jun 3, 2017
    Last edited: Jun 3, 2017
    sorry but I strongly disagree. do you think that when an officer wrote me up for the wrong infraction I should have just accepted my fate? how is showing up in court for a hearing and demanding the due process that is my right and then the officer doesn't bother to appear to press his claims of my law breaking taking resources away from anything, who is taking resources me or the officer? the reason the judge dismisses most cases in that sort instance is to not waste anymore of the court's resources.
    how is negotiating a better deal for me in lieu of a hearing wasting anyone's resources, in fact it is actually conserving resources by not going through with a time consuming hearing. they get some fine money, I save money and reduce the bureaucratic points added to my record. In my eyes everyone wins.
    you are free to "walk calmly into the slaughterhouse"
    I will "play" the game the way the system allows.
     
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