[new2the3]

Well today after a bad day at work, I'm driving home about four miles from my house I get pulled over. This is the scenario: Driving on a one lane each direction road, speed limit is 40mph.

The cop said I was doing 60mph which was about right from what I recall. However, I was following behind the BMW in front of me that was traveling marginally faster then I was. The cop came around a blind curve from the opposite direction and immediately put on his lights and made a U-turn. He proceeded to speed up to me at which point I was doing 40mph and pulled me over and not the car that was in front of me & going faster then I was. He says I will be right back if you leave yours going to jail.

Cop tells me I was driving like a nut case and that I was racing the BMW in front of me. I respond by saying how was I racing it is a single lane road. Anyway he comes back and gives me a ticket for 60 in a 40. $208.50

Let me know your opinions on taking it to court:
1. The cop was a state trooper - Positive or Negative chances he will show up to court?
2. This all happened on a blind curve, I was closely following the car in front of me. I asked him for the read out of the radar gun and he said no. I asked him if he radar me or the car in front of me? He responds you were going around the corner at the same speed so it doesn’t matter. My point is if he only radar the car in front of me how can he be sure about my speed? Is this legit?

[Nyulak]

An officer can state that you were pacing the vehicle in front of you, so if the vehicle in front was doing 60, you were doing 60.

You should plead not guilty at the arraignment, come back for your trial and speak to the prosecutor. If the officer doesn't show, they may dismiss the case and you won't have to spend a cent. If the officer shows, see what sort of deal you can work to avoid points. Sometimes the infraction will be changed to a nonmoving violation. You pay a fine and court costs, but nonmovings don't assess any points. No points, no insurance hike.

[b335i]

invest in a V1!

Hope he doesn't show up!

[new2the3]

The statue on my ticket is 316.183.2, after doing some research this is the definition of the statue:316.183 Unlawful speed

(2) On all streets or highways, the maximum speed limits for all vehicles must be 30 miles per hour in business or residence districts, and 55 miles per hour at any time at all other locations. However, with respect to a residence district, a county or municipality may set a maximum speed limit of 20 or 25 miles per hour on local streets and highways after an investigation determines that such a limit is reasonable. It is not necessary to conduct a separate investigation for each residence district. The minimum speed limit on all highways that comprise a part of the National System of Interstate and Defense Highways and have not fewer than four lanes is 40 miles per hour.

If I understand this statue, how does this apply to my ticket? The speed limit on the road was 40mph and he supposedly clocked me doing 60... Is this not the wrong statue?

It seems like the statue the officer should of given me was 316.187.1:
316.187 Establishment of state speed zones.--

(1) Whenever the Department of Transportation determines, upon the basis of an engineering and traffic investigation, that any speed is greater or less than is reasonable or safe under the conditions found to exist at any intersection or other place, or upon any part of a highway outside of a municipality or upon any state roads, connecting links or extensions thereof within a municipality, the Department of Transportation may determine and declare a reasonable and safe speed limit thereat which shall be effective when appropriate signs giving notice thereof are erected at the intersection or other place or part of the highway.

Any advice?

[Nyulak]

List the ENTIRE statute, not just one or two paragraphs. What you have shown is the guidance for determining speed limits. In Ohio, our statutes state that it is unlawful for a person to go over the speed limit, unless that person is operating an emergency vehicle and actively engaged in an emergency response (paraphrasing, of course). This means that unless you are in an ambulance or police car responding to a situation you are not permitted to exceed the posted limits. Cop car going to donut store, no speeding; cop car chasing after stolen donut truck, plenty of speeding.

[new2the3]

Originally Posted by Nyulak

List the ENTIRE statute, not just one or two paragraphs. What you have shown is the guidance for determining speed limits. In Ohio, our statutes state that it is unlawful for a person to go over the speed limit, unless that person is operating an emergency vehicle and actively engaged in an emergency response (paraphrasing, of course). This means that unless you are in an ambulance or police car responding to a situation you are not permitted to exceed the posted limits. Cop car going to donut store, no speeding; cop car chasing after stolen donut truck, plenty of speeding.

I believe that is the whole statue? Have a look
http://www.leg.state.fl.us/statutes/...20183#0316.183

[Nyulak]

Okay, paragraph (1) tells you you are not allowed to faster than what is reasonable and prudent. Paragraph (2) defines what is reasonable and prudent. The officer used the correct statute.

Honestly, plead Not Guilty at the arraignment, then show up to the trial to have a pretrial meeting with the prosecutor. The worse that could happen is that you are still found guilty, but now have to pay a slightly larger court cost.

I recently had a speeding and failure to control from the same city, but two different dates. I plead Not Guilty to both and received one court date. At the pretrial, only one officer showed, so the other case - speeding - was dropped.

[new2the3]

Originally Posted by Nyulak

Okay, paragraph (1) tells you you are not allowed to faster than what is reasonable and prudent. Paragraph (2) defines what is reasonable and prudent. The officer used the correct statute.

Honestly, plead Not Guilty at the arraignment, then show up to the trial to have a pretrial meeting with the prosecutor. The worse that could happen is that you are still found guilty, but now have to pay a slightly larger court cost.

I recently had a speeding and failure to control from the same city, but two different dates. I plead Not Guilty to both and received one court date. At the pretrial, only one officer showed, so the other case - speeding - was dropped.

The way I read it was paragraph 1 is primarily a suggestions and lists in paragraph 4 the scenarios that would comprise unsafe conditions. None of paragraph one applies to my case. In paragraph two it says the speed limit can be 25,30,55 and if the road has not fewer than four lanes then 40. The road I was on was two lanes, one in each direction. The speed limit posted was 40. How does that fall under this statue?

[Nyulak]

(1) says you aren't allowed to speed. Period. It's not difficult to understand. Further (1) tells you not to hit anything , so if somebody slows down suddenly in front of you, you aren't allowed to hit him just so you can continue driving at the speed limit.

(4) merely states that there will be occasions when you HAVE to drive lower than the speed limit. For example, you are driving 40 in a 40 and approach a railway crossing, you are to slow down for the crossing, make the crossing, then accelerate to 40 again. This means it is technically possible to run into a speeding situation by doing the speed limit. Similar situations occur for poor weather conditions. You should drive slower in the rain and snow then when the weather is clear. Not normally enforced, but an officer is within his rights to cite you for speeding if he feels you are traveling faster than weather permits.

[Maestro]

the simple question you need to answer, how did he determine your speed, It should have been indicated on the ticket. Did it say radar? If not radar he will probably say he visually estimated which is doable, but easy to shoot hole in.

Next did he in fact pull the other guy over, if he thought you both were racing he could have give you a completely different ticket which is a lot more costly these days and subject. all the officers has to say is you were racing does not have to prove a thing.

Any, most tickets are winnable if you prepare properly.