sKwiD

iTrader: (11)

So I'm driving today to go see my mom in the hospital after she had her open heart surgery, and I'm going on a straight road for about 2 mi. thats a 50mph zone. It suddenly turns into a 40 zone (I'm aware of that b/c I go to school that way almost everyday, but it was sundown and I had other things on my mind). As soon as I slow down for the rail road tracks I see the cop and I pass him, then he pulls out and flips on his lights. He said I was doing 53 in a 40 zone... Gotta go to court, most likely I'll take Defensive driving since its my 1st ticket... Any advice? I should appeal it b/c I've seen at least 5 people get pulled over in that exact spot.... WHAT DO I DO?

gurlyspeeddemon

I would appeal.....but..if not...pay double..or triple or whatever it is these days

blackcivic07

ask qcksilver, he can prolly help ya, i remember hearin somethin bout you gettin 200 feet after the posted limit to slow to that speed, but maybe that's just in illinois, or maybe it's not true at all, talk to qcksilver...peace[IMG]i/expressions/beer_yum.gif[/IMG]

QCKSILVR

It's not a big deal since its your first ticket. Show up at court and speak to the prosecutor. They will either offer you a lesser charge, hopefully involving no points, or allow you to participate in some type of defensive driving course. In a 40, I probably would come after people doing around 55-56 and above; I would have let a 53 slide unless I saw something else on the car, but that's just me.

Crash2002

my driving instructor told me you can fight tickets like that, plead not guilty but with an explanation.

yes you were driving over the speed limit, but if the speed you were going was SAFE(BASIC SPEED LAW) tehn its ok, he told me you can say you had good tires and good breaks and it was safe for you to go faster then the speed limit

Spider883

iTrader: (2)

i got pulled over doing 57 in a 35. however i didnt get a ticket. hahahahaha

Jadastyles

when i had my old ford escort i got pulled over on the way to work and the officer said i did a 53 on a 35 so i just took his word and paid the ticket, when i drove past the road again it was acutally a 45, i was like wtf, because the road is all 45 for about 5 miles, i think i got played

deathor

My first ticket .. 2 yrs ago, I paid and went to traffic school. It went off my record.
I hope all goes well for you.

civicvtec1ps

iTrader: (34)

CAUSE SPYDER YOUR DAD IS COP!!

WD40

iTrader: (1)

If you don't mind paying the bail, do traffic school and it'll keep your record clean. If you do want to fight it, PM me and I'll be happy to help you out.

Crashoveride

iTrader: (2)

Your driving instructor is dead wrong about this one, just because you have better than stock equiptment doesnt mean you are above the law. If this was the case then you would have people that drive Ferrari's doing 100 in a 40 zone.
QCKSILVR might be able to clear it up better.

WD40

iTrader: (1)

What he was referring to is called the "Basic Speed Law." I will be citing California laws, but the laws in your state are probably similar.

CVC 22350, Basic Speed Law: "No person shall drive a vehicle upon a highway at a speed greater than is reasonable and prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons and property."

It can be successfully argued that while you may have exceeded the posted speed limit you were not traveling at a speed unsafe for conditions in a way to endager persons or property.

The catch is this: (CVC 22351, Speed Law Violations): The speed of any vehicle upon a highway in excess of the prima facie speed limits...or established as authorized in this code (includes the 65mph max speed limit) is prima facie unlawful unless the defendant establishes by competent evidence that the speed in excess of said limits did not constitute a violation of the basic speed law at the time, place, and under the conditions then existing.

Ususally your most competent evidence is the testimony of the Officer since the Court almost always belives his testimony. Good luck getting him to help you out.

Did the Officer note on your summons any of the current conditions? Also, what exactly was the section you were charged with violating? Was it exceeding the maximum speed limit? Violating the Basic Speed Law? It's very important to read the law you were charged with violating since your defense will vary accordingly.

QCKSILVR

WD, you're getting just like me--down to the exact section numbers [IMG]i/expressions/face-icon-small-smile.gif[/IMG]. I don't note anything but the charges on a summons when I issue it to someone. On the reverse of the court's copy (summonses in NY are 5 part), I can write notes such as "Admissions," etc., but I always make little notes in my notebook such as what the weather was, if the car is distinctive, etc.

New York State's basic speed law--VTL 1180(a)--is the same as California's, and says "driving above reasonable and prudent conditions." In that, you are not charged for a specific speed. We don't however, have a 22351 as you posted. VTL 1180(b) is driving in excess of 55 MPH, VTL 1180(c) is speeding in a school zone, and VTL 1180(d) is what we would use to cite someone for X in a Y zone.

The court will believe the officer; it's just how it works. As I said, it's your first ticket so it's not at all a big deal. Plea it down--something will be offered to you.

QCKSILVR

Crash, you are correct. The court could care less about having good tires and brakes--this is expected of any vehicle in operation on the road. If someone was to say they were speeding and it was justified because they had good tires and good brakes, they would probably be laughed at and found guilty. Any car is expected to have good working equipment. Summonses can be issued for not having good tires and not having good brakes--they are basic equipment requirements on both the federal and state level.

TEKNIQ

He's a cheater.....

Spider883

iTrader: (2)

yes i am and i love it. hahahahhahahahaha

WD40

iTrader: (1)

Yeah, like QCKSILVR said, your best bet is to either bargain it down or do traffic school or something to keep points off your record. Since it's your first offense it shouldn't be a big deal at all.

Keep those points off your DMV record though! Insurance rate hikes and suspended licenses suck.