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Unread 2012-09-06, 01:32 PM   #1
Carroyo
 
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Default Question about traffic ticket

I was going northbound on US 69 in Lenexa KS at around 7:30 in the morning. There was contruction in the direct area I was traveling, (between 87th and 95th street) but it was completed and the cones and the speed markers where never removed. This was on March 16, 2012.

Construction had stretched for several miles south. Traffic was heavy as it usually is in the morning and I was in the center lane. I was not sure how fast I was going, but I seriously doubt I was going 70 in congestion like that. I saw the lights behind me and I was pulled over by Kansas Highway Patrol. She did nothing outside of what I expected. She asked for my license and insurance. I gave her my license but i didn't give her a current insurance card. So she goes to write the ticket for speeding and not having insurance. I looked in my center console and found current insurance only to see her return in about 3 minutes. I found this to be strange since I have been pulled over in the KC metro area a total of 16 times. Well, she took off the charge of having no insurance and reduced the ticket from doubling since it was considered a contruction zone. But like I said, there was no construction going on in my direct area and hasn't been in a while.

My problem is, she identified me as a BLACK FEMALE when I am a HISPANIC MALE. I went to court on the matter and the officer showed up, but I was offered a diversion. I had to consider the options because if I was found guilty, I would have to pay double (174.50 which would be 349). So I decided to go with the diversion with the option to show up in court on september the 12. Some people I have talked to said I can get that dropped just on the fact that the officer didn't identify me correctly. It seems like she filled out the ticket before pulling me over since she returned so quickly. The car is registered to my wife (who is a black female) but begs the question... was this profiling, lazy police work, or just an officer trying to fill her quota. I don't believe I have that much of a chance because I have witnessed people with very good cases lose. What are my odds of winning or do I have more options?

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Unread 2012-09-06, 01:38 PM   #2
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Got a ticket for driving in an "infinity" back when I had my G35. Did I still have to pay the ticket? You bet your ass I did.

Pay for your mistake and learn. Getting pulled over 16 times is just ridiculous.
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Unread 2012-09-06, 01:49 PM   #3
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What did the police clock you at? How much over the limit were you going?

Just because there wasn't construction going on at the time, if the signs and cones are up that still makes it a "construction zone".

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Unread 2012-09-06, 01:52 PM   #4
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Clocked at 70 in a 55.

Should I fight this or just pay?
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Unread 2012-09-06, 01:56 PM   #5
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Well are you guilty of speeding? "I don't know how fast I was going" isn't a strong defense...
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Unread 2012-09-06, 02:02 PM   #6
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I didnt' look at my speed, but we were all bumper to bumper driving slowly...

I know this is vague, but how can I speed with I was stuck behind heavy traffic
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Unread 2012-09-06, 02:46 PM   #7
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I may not have been specific about my reasoning behind the post. But when I say I have been pulled over 16 times, I am just trying to outline the level of harassment I have dealt with. Most of the times, I have been let off or I was guilty of the violation (turning left during hours of business) My question really is do I have a chance to prove to the courts that I couldn't have been speeding when the officer claims to have used a radar in heavy traffic and does the officer have to positively identify me correctly on the citation.
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Unread 2012-10-15, 09:06 AM   #8
Law Offices of Jeremiah Johnson, LLC
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I'm not sure how I missed this earlier, but I did. Feel free to contact me if you are still needing some help on this.
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Our Kansas & Missouri wrongful death/injury accident law firm can recover damages for medical bills, lost wages, disability, future surgeries/costs, pain & suffering. (past-present-future) including accidents involving spine & brain injuries.

My KC law office represents the injured in 18-wheeler/semi-truck/tractor-trailer accident cases.
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