Got my first speeding ticket in the X! HELP!

x5GuyInLA · #1 12-19-2005, 06:45 AM

I apologize in advance for the long write up. I was driving back from Vegas to LA earlier tonight and had my cruise control set at about 82 or 83 mph when I got pulled over. Actually the cop(CHP) drives up next to me, flashes a light at me and I assume he's telling me to pull over, then proceeds to speed up and chase down an ML that was ahead of me. Part of me was telling me to keep going, but the honest side won and I pulled over. The chipper came up to the car and asked me if I realize how fast I was going. I know the speed limit is 70, but most cars on the road were going about 80mph and I like to go a little faster than the flow of traffic.(I didn't say that to him though.) Well apparently the cop wrote on the ticket that he had clocked me going 89mph! I told him that my speedometer was showing somewhere between 80-85mph and I didn't even have my foot on the gas pedal, but he said that there is a 6% downhill grade through the Cajon Pass and with the weight and load of the X5 (2 passengers and a full load of luggage), I was going that fast. My understanding is that cruise control keeps you at a certain speed and lets go of the gas if you're going downhill and uses the engine to slow you down. Is this correct? If this is the case, then this leads me to think that my speedometer is not correctly calibrated and that I would need to get it checked. Even though I was over the speed limit, would I be able to get this ticket dismissed based on the fact my speedometer may be off? And is there any way to beat this ticket? Any help or advice would be much appreciated. Thanks.

Wagner · #2 12-19-2005, 08:42 AM

Well as far as saying your speedometer is off, that will not fly. A judge will simply say that is a mechanical problem in your vehicle and if you knew about it you should have had it fixed.

Two courses of action:

1- Go to court and hope for the best, admit you were speeding and the judge will most likely go easy on you.

2- Argue the case and ask when the radar gun was last calibrated. In MD they are supposed to calibrate their guns every 90 days (according to one of my State Trooper friends) but they rarely do it and people never ask.

Thunder22 · #3 12-19-2005, 11:01 AM

Getting out of a CHP issued speeding ticket is not easy. Plead not guilty, go to court and try to get it reduced to a non-moving violation with a higher fine. Is your license otherwise clean? If so, you might get some sympathy and have an easier time getting it reduced.

Bavarian · #4 12-19-2005, 11:33 AM

It is a known fact that the speedo on BMWs is a little off at higher speeds. Problem is...I don't remember if it was a little too slow, or a little too fast. Anyone want to fill that in?

Also, your cruise control will maintain the speed correctly on flat and uphill surfaces. However, if you're going downhill, the car WILL speed up past your setting due to gravity.

To date, only the new 3-series (E90) has a cruice control that will also brake in case you over-speed. Our cars don't do that though.

Phester · #5 12-19-2005, 12:23 PM

Sorry to hear about that, man!! Argh - I know the feeling of seeing those lights...

The speedo of the X5 is actually faster than what you are going. I used to test it by reseting the average speed on the OBC and comparing it to the speedo.

Basically you are screwed, but you can always fight it. I have heard of people taking their X to a mechanic and having it show that the speedo was off (worth a try)....

Sux, Howie... Hope you won enuff in Vegas to make up for the ticket...

ricky.agrawal · #6 12-19-2005, 08:06 PM

Quote:

Originally Posted by Bavarian

To date, only the new 3-series (E90) has a cruice control that will also brake in case you over-speed. Our cars don't do that though.

Mercedes has active cruise control as well. It's called Distronic and they've had it since MY2003 I believe. Lexus also has it, but I can't remember for how long. The 7Series has it as well no?
Anyways, it's a fantastic device, very handy for long trips just as long as you use it correctly. It's a tool, not a replacement.

As for the ticket situation, I know this sounds stupid but you might just want to suck it up. Are you sure your time battling this and researching it is worth it? I'm not sure how your insurance goes and what not, but can you take defensive driving to get the ticket dismissed? What about getting something like deferred judgement (sp?) which gives you a set amount of time in which if you get no tickets or infractions, the previous ticket doesn't count.

I have two tickets and a bazillion warnings. I have a speeding to dallas 17mph over (my fault) and a failure to turn left (SAT night / homecoming night, lame cop

) I had the first dismissed thanks to defensive driving and the second will be dismissed on January 11th.

x5GuyInLA · #7 12-19-2005, 08:15 PM

Quote:

Originally Posted by ricky.agrawal

As for the ticket situation, I know this sounds stupid but you might just want to suck it up. Are you sure your time battling this and researching it is worth it? I'm not sure how your insurance goes and what not, but can you take defensive driving to get the ticket dismissed? What about getting something like deferred judgement (sp?) which gives you a set amount of time in which if you get no tickets or infractions, the previous ticket doesn't count.

That really depends on if I can take traffic school. In the other speeding ticket, the county commissioner who presided as the traffic court judge didn't allow traffic school for tickets above 80mph, so I was SOL. So if I can get the ticket dismissed by taking traffic school, then I will most likely go that route. Better to spend 8 hours at traffic school than 50 trying to fight it.

x5GuyInLA · #8 12-19-2005, 01:29 PM

Quote:

Originally Posted by WagnerX5

Well as far as saying your speedometer is off, that will not fly. A judge will simply say that is a mechanical problem in your vehicle and if you knew about it you should have had it fixed.

I bought the X5 brand new and have only had it for about 5 month, so maybe I can take it to the mechanic and see if they find anything wrong with it. Maybe it will fly if they find the speedo is off by over 5mph?

Quote:

Originally Posted by gresch

Getting out of a CHP issued speeding ticket is not easy. Plead not guilty, go to court and try to get it reduced to a non-moving violation with a higher fine. Is your license otherwise clean? If so, you might get some sympathy and have an easier time getting it reduced.

I did a little googling and found this site, http://www.ticketassassin.com/. It says on the site that contesting the ticket by mail is the best option. My license is clean; my last ticket(other than parking tickets) was 7-8 years ago. I actually have 2 violations on this ticket: the speeding infraction and not mounting my plates on the car(correctable violation.) Hopefully that doesn't hurt my chances of fighting the speeding ticket.

Quote:

Originally Posted by Bavarian

Also, your cruise control will maintain the speed correctly on flat and uphill surfaces. However, if you're going downhill, the car WILL speed up past your setting due to gravity.

To date, only the new 3-series (E90) has a cruice control that will also brake in case you over-speed. Our cars don't do that though.

I did notice that the X sped up a little, but it wasn't beyond 85mph. According to the notorious P.I.G.(no offense to any fellow members who are cops, I'm just not happy with cops right now), he said that he had clocked the ML going at 90mph and that I paced him once he passed me, but I know I did not accelerate with him as I did not have my foot on the gas pedal. Does anyone know if the X5's computer records what the car is doing and if so, if I can get a copy of the read out? If I can show that the speed on the ticket is wrong, maybe I can at least get the ticket reduced.

Quote:

Originally Posted by Phester

Sorry to hear about that, man!! Argh - I know the feeling of seeing those lights...
Hope you won enuff in Vegas to make up for the ticket...

Yeah, it definitely sucked seeing those lights. I didn't think it was for me because he wasn't right behind me, but once he pulled along side, I was pretty sure I was in trouble. I did win some in Vegas, so hopefully that will offset the ticket. I just hope the ticket is not too much in that area.

kirkX5m · #9 12-19-2005, 01:39 PM

sorry that sux dude, i always come flying down that hill at 120mph ...
did you have a radar detector at all?

SANguru · #10 12-19-2005, 01:43 PM

BMW speedos are optimistic meaning that it shows higher than what it actually is.

jump on www.ticketassassins.com. They have some tips on how to fight the ticket if you do decide to fight it and I have had pretty good luck using them before.. now .. knock on wood, my tags have saved me multiple times.