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Old 11-16-2007, 01:50 PM   #1 (permalink)
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Default Ticket -- do I have a case??

Update: The ticket doesn't have my speed or the speed limit I was in. It doesn't have any violation checked but does have "Unlawful Speed" written under "
"Radar DP5053 ( ) Laser078450 ( )"
I include that because one of those is supposed to be checked off and neither is. So, the ticket only says unlawful speed and has $126.50 on the back. Case?

I was on my way to church (where I'm on leadership) and had a passenger with me. I'm coming down a pretty calm road with a 45mph speed limit and get stuck behind a car doing 40ish. I wait until the road changes to a passing area, signal, accelerate, pass, signal, re-enter. Nothing fancy or excessive.

I pull up at the church, my passenger and I dismount and we begin removing our helmets. As the helmets come off, the blue lights go on. Cop comes up to me and tells me he's citing me for doing 75 in a 45. (yeah, 30 over!) I think, "well, crap. I did pass some cars but returned to my typical 5-10 over" and I inquire if it that was the case and it was.

I didn't get too buggered by it. I coolly told him I thought the ticket was a little outrageous because I was passing and it's unrealistic to pass another vehicle at the given speed limit. He said he wasn't sure, just knew that he caught me on the radar at 75. Well, I guess it's possible. The time it takes to go from 45 to 75 isn't very long.

Right, so I take it on the chin. I knew I'd be getting tickets when I bought the bike. As he asks me to sign the ticket, he realizes that this is a mandatory court appearance. He shrugs it off and explains that he has a "rash of not showing up." I jest and tell him to remember my name.

At this point, I head inside and resume as normal amidst the snickers (I'm typically the trouble-maker as it is). Well, 5 minutes later someone says the officer is requesting me to come back outside. I return and he asks for my yellow copy back and voids the ticket. Instead he writes me a failure to obey a traffic control device and explains that he couldn't in good-conscience give me ticket he had, especially with slew of errors made on it. So I got a $126.50 ticket and 3-points. I'm still not tickled, though. I offer him some coke and pizza from the church shindig going on about our business. Not too big a deal, ultimately.

Just figured I'd share. lol. Also, maybe someone can tell me if there are exceptions to the law when passing in FL?

Last edited by JestrzPlague : 11-19-2007 at 10:36 AM.
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Old 11-16-2007, 02:50 PM   #2 (permalink)
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I don't know of anywhere where you are allowed to exceed the speed limit while passing. Of course you'd be pretty stupid to try and pass someone only going 5 mph fast than them, so no one obeys it. I believe the thinking is 45 is the max safe speed for that road, so if you can't pass safely at 45 then you should just be content to wait behind a slower driver ;)

Pretty lame that you actually got written up for it though. But nice that he dropped it down a bit for you (30+ is pretty nasty...)
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Old 11-18-2007, 02:17 AM   #3 (permalink)
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That should easily get thrown out. A traffic control device is a Stop Light or stop sight..so basically he is saying you ran one. Was the location wrote down on the ticket? Take it to court and explain what the situation was and that this ticket would not even apply to what you were doing.
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Old 11-18-2007, 12:08 PM   #4 (permalink)
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You still got 3 points for not obeying a traffic device??? That's outrageous! I don't know how FL point system works but in MD 3 points is pretty significant. Enough to make insurance bend you over.
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Old 11-18-2007, 02:48 PM   #5 (permalink)
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In CA 3 points could get your license suspended.

and it only sounded like he gave you the second ticket because he knew the first could be easily challanged due to the errors. I would say try and fight it, you could possibly get out with no points or having to pay.

Good luck
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Old 11-19-2007, 10:36 AM   #6 (permalink)
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I updated it with some stuff I realized about the ticket.
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Old 11-19-2007, 11:19 AM   #7 (permalink)
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It sounds like the typical "failure to obey a highway sign" ticket that you can sometimes get a reckless dropped down to... kind of sounds like he wants you to fight it though so I'd take it to court
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Old 11-19-2007, 03:09 PM   #8 (permalink)
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Quote:
Originally Posted by rhouck
It sounds like the typical "failure to obey a highway sign" ticket that you can sometimes get a reckless dropped down to... kind of sounds like he wants you to fight it though so I'd take it to court
See... That's what I'm afraid of...

He told me when he wrote me the first ticket that he had a "rash of not showing up" to court. His demeanor was really chill and not at all hostile or vindictive. Now... One of his superiors and a regular customer of mine told me he was an absolute machine and loved to tear people up in court and that I shouldn't even consider court because he will be there.
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Old 11-19-2007, 06:01 PM   #9 (permalink)
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It sounds like he told you that so that you would show up so that he could feed it to you in court in front of a bunch of people.
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Old 11-19-2007, 06:01 PM   #10 (permalink)
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It sounds like he told you that so that you would show up so that he could feed it to you in court in front of a bunch of people.
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