speeding ticket

i just got a ticket from w. milford for doing 29 in a 25 and the fine is $122! i asked for the breakdown of the fine and it was essentially this:

state $50
regional jail $40
officer training $10
court cost $10

I can't remember the other 10 but GIVE ME A BREAK! this town is a speed trap. i will take 19 from now on and avoid this dumpy little town. all they have is a family dollar and a corner store anyway. pathetic.

West Milford has always been a speed trap. That is how they make much of their income. I have a friend who lives there and is always being visited by the cops for things a decent neighbor would speak to them about: dogs barking, cars parked in the driveway that aren't registered, or some other minor thing. The dogs aren't out at night, but must go out sometime in their enclosed area. This is just a nibshitty little town that is over populated by people who have nothing to do.

when u get a ticket in these lil towns appeal it to the county an watch em

As a Class IV municipality the town is not even authorized to introduce radar as evidence in any WV court. Under the WV Code only Classes I, II, and III are. There is a current case pending in the town to challenge the police and judge of the town who are ignoring the law. Watch for the news to pick up the story. The person filed a motion to get the case dismissed, but was denied. It should be coming up soon. I would suggest appealing to the Harrison County Circuit Court and filing an ethics complaint against the town judge.

Here is the section of the code that deals with this:

"§17C-6-7. Prima facie evidence of speed by devices employing microwaves or reflected light; placing of signs relative to radar or laser.
The speed of a motor vehicle may be proved by evidence obtained by use of any device designed to measure and indicate or record the speed of a moving object by means of microwaves or reflected light, when such evidence is obtained by members of the department of public safety, by police officers of incorporated municipalities in classes one, two and three, as defined in chapter eight-a of this code, and by the sheriff and his deputies of the several counties of the state. The evidence so obtained shall be accepted as prima facie evidence of the speed of such vehicle.
In order to inform and educate the public generally that speed of motor vehicles operating within the state is being tested by radar or laser mechanisms, the division of highways shall locate and place suitable and informative stationary and movable signs at strategic points on and along highways in each county of the state giving notice to the public that such radar or laser mechanisms are in use."

The last U.S. census showed that West Milford clearly falls under a Class IV munipality classification.

I would for a judge, police officer, or other city official to attempt to justify why they feel they can ignore the law. Expect a lawsuit to be filed if they keep it up.

I would LOVE for a judge, police officer, or other city official to attempt to justify why they feel they can ignore the law. Expect a lawsuit to be filed if they keep it up.

The West Virginia Code classifies municipal corporations in the following manner:

Pursuant to the mandate of the "Municipal Home Rule Amendment" to the constitution of this state, all municipal corporations are hereby classified by population into four classes, as follows:

(1) Every municipal corporation with a population in excess of fifty thousand shall be a Class I city;

(2) Every municipal corporation with a population in excess of ten thousand but not in excess of fifty thousand shall be a Class II city;

(3) Every municipal corporation with a population in excess of two thousand but not in excess of ten thousand shall be a Class III city;

and (4) Every municipal corporation with a population of two thousand or less shall be a Class IV town or village.
W. Va. Code § 8-1-3.

I actually think the fine is like $5 or $10 with court costs covering the rest of the "fine." There is no logical reason for someone to not challenge such a ticket since they are already paying for the court costs whether they challenge it in court or not. If everyone takes it to court it will make the court earn the money they are getting and also overload the court system in the town. When the judge, officers, etc. have to spend their time in court all day they will lessen the amount of tickets they write. If they are in the courtrooms, they don't have time to be no the roads writing tickets.

thanks for the info. i'll head up the protest if you want to join. even though i paid the fine, i'll be bringing this to the attention of the county.

ha i called the town the other day and the lady said that they have signs posted (which they do) and they do not use the radar as evidence in court. she said that the judge would call me back the next day but she never did.

I grew up in West Milford, and it was the best place I could have grown up. No crime no cops and no problem. In the early 80's outsiders started moving in and running the town. Give some people power and it turns into the West Milford you have today. I never go through West Milford when I visit WV. It is a town that should not be a town, It should be unincorporated. The town is run by a hand full of idiots. They will give a ticket to the wrong person and the town will go down the tubes. In conclusion, you could not give me a house inside the city limits of West Milford.

wv native wrote:

ha i called the town the other day and the lady said that they have signs posted (which they do) and they do not use the radar as evidence in court. she said that the judge would call me back the next day but she never did.

The person I knew who got a ticket was caught on radar. They were going with the flow of traffic. When they asked the cop why the person leading the pack of cars wasn't stopped, he said "I didn't clock them now did I, I clocked you?"

The other method to determine speed is pacing. I'm not sure how they can determine your speed to an exact amount by "guesstimating" how fast you are going. I would definitely challenge it everytime since you pay court costs whether you go to court or pay the fine outright.