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Old 06-17-2015, 02:04 PM
 
5 posts, read 8,151 times
Reputation: 10

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Hi to all,

I got speeding ticket while travelling around 61 miles per hour in a 55 mph zone.

I got pulled over at 3:00 am. I requested not to have as I am in that gray zone of 5-7 miles per hour.

He said to attend court. He fined me 115 dollars( 60 dollars for court, 40 dollars for speed)

please give me advice what to do.

I am thinking to go to court because I was told by many people that 5-7 miles is okay. It purely depends on police. is that true?

what should I do, do I have to pay ticket or go to court. This happened when there is downsloping.

I am planning to go to court and plead for not guilty. But if so , how to start with?? Do I have to say that 5-7 miles per hour is okay?


please help me
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Old 06-17-2015, 02:51 PM
 
Location: Des Moines, Iowa
2,401 posts, read 3,819,149 times
Reputation: 1444
I’m not a lawyer, but if your defense is that “I was told by many people that 5-7 miles over OK”, I’d pay the fine and move on with life.

It is called a speed limit for a reason. The law is 55. If you go over it, you are exceeding the speed limit. Period.

Now…..as a general rule, police seem to not pull people over that are going slightly over the speed limit (I never travel more than 5 over) but that is their discretion.

Here is timely story that does NOT work in your favor:


Court: Less than 1 mph over speed limit enough for traffic stop
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Old 06-17-2015, 03:16 PM
 
9,400 posts, read 10,250,538 times
Reputation: 8526
Quote:
Originally Posted by capitalcityguy View Post
I’m not a lawyer, but if your defense is that “I was told by many people that 5-7 miles over OK”, I’d pay the fine and move on with life.

It is called a speed limit for a reason. The law is 55. If you go over it, you are exceeding the speed limit. Period.

Now…..as a general rule, police seem to not pull people over that are going slightly over the speed limit (I never travel more than 5 over) but that is their discretion.

Here is timely story that does NOT work in your favor:


Court: Less than 1 mph over speed limit enough for traffic stop

Because it was 3 AM, the cop may have been pulling over the OP to make sure they were sober, too, using the 6 miles an hour over as a reason to do so.

I would pay the fine and move on. As Capcityguy said, going over the posted speed limit is speeding, period.
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Old 06-17-2015, 09:34 PM
 
5 posts, read 8,151 times
Reputation: 10
Thanks for your reply,

I am planning to request not to have any points on my vehicle. I called court office and they said to attend any time before the court date. will there be cop at the same time when I go there or if there is no cop when I am there and if that case can i argue that I am not going in that speed.

will that work guys,,,,,,,
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Old 06-17-2015, 09:44 PM
 
Location: Wyoming
9,729 posts, read 18,342,923 times
Reputation: 14642
Wyoming raised the speed limit on portions of its interstate highways recently to 80 mph, but the catch is that they're very strict with that speed. A couple weeks after the new law was instituted the Casper Star-Tribune ran a little story on all the tickets issued. The lowest speeder was driving ONE mph too fast -- 81 mph!

My wife got a speeding ticket in S.D. several years ago for speeding 5 mph over on I-90. Hefty fine. But the speed limit is law. A defense that "I was told by many people that 5-7 miles is okay" ain't going to hack it. Forget that one. If you've got a valid argument, the judge may look at the speed and dismiss the case, but not the defense you're talking about so far.

But it usually is safe to drive 5 over. Cops like to pull people over at 3 a.m. to see if you're sober. I was pulled over once for "crossing the lane markings." It was 2 a.m., and I was on a street that was under repair and had no traffic other than me and the cop behind me. Understand, I didn't cross the center lane, just a few inches into the center turn lane. He was obviously looking for drunks (not for a grandpa returning from babysitting with his grandson). No ticket issued. A friend of mine was also pulled over after 2 a.m. one night for an "improper turn." He was headed home from a bar. DWI!
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Old 06-18-2015, 07:22 AM
 
3,613 posts, read 3,279,034 times
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You were speeding, you got caught, pay the fine, move on
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Old 06-18-2015, 07:44 AM
 
2,878 posts, read 2,636,494 times
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Yeah you are likely screwed.

Tangentially related to the OP...
I got pulled over going 41 in a 35, but the cop believed it was a 30. I told him it was a 35, he said no it was a 30... blah blah blah... After I was let go, I drove around the block and it was a 35, so I took pictures of the speed limit sign and showed up to court. I did not hire a lawyer and had the ticket thrown out. This was in Alabama.
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Old 06-18-2015, 11:29 PM
 
Location: Iowa, USA
338 posts, read 265,596 times
Reputation: 423
I was always of the impression, growing up in Iowa, that <5 over the limit was tolerated but anything more than that was asking for a ticket. I think you were misinformed.

I've had a few tickets. I never had to go to court. I just mailed in the payment.

One time, I made the mistake of pleading with the cop that "I tried to keep it below five over". Haha. He was not impressed.
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Old 06-19-2015, 07:05 AM
 
387 posts, read 542,954 times
Reputation: 471
Quote:
Originally Posted by JJ111 View Post
Hi to all,

I got speeding ticket while travelling around 61 miles per hour in a 55 mph zone.

I got pulled over at 3:00 am. I requested not to have as I am in that gray zone of 5-7 miles per hour.

He said to attend court. He fined me 115 dollars( 60 dollars for court, 40 dollars for speed)

please give me advice what to do.
The policeman was doing what is termed a "probable cause" stop. My dad was a police officer for years, so I speak from vast experience on this.

A probable cause stop is performed by an officer who is looking for a bigger crime, but uses a petty crime (i.e. going 61 in a 55) to stop a suspect. Given the time of day, the officer was probably gunning for a DUI charge, but depending on your demographic profile, they may have been searching for controlled substances as well.

Most decent cops will let a speeding offense under 10 MPH go with a simple warning. This cop may be super gung ho about law enforcement, or perhaps they felt you were rude/uncooperative during the stop and decided to punish you with what they could prove.

You can show up for court and fight it, but you'll probably lose. It's not worth taking time off from work. Just pay the fine and try not to let it bother you much. That's the breaks in this situation.

In the future, if you find yourself travelling at a late hour, make sure you obey every traffic regulation to the letter. If the speed limit is 55, drive exactly 55. Cops who work the graveyard shift (10 PM - 6 AM) are very bored and will look at the most pedestrian things for which they can stop a motorist. Speeding and not using turn signals are the two biggest "probable cause" gateways for law enforcement. Sometimes they'll even invent reasons (i.e. faulty equipment) if their suspicions run high enough. Like any person in an occupation, cops have to justify their reasons for collecting a paycheck. Police officers who work while the rest of the world sleeps have to squeeze every little bit they can out of the most trivial offenses.

You got nailed so the cop writing your ticket can look good to his superior. End of story.
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Old 06-19-2015, 12:46 PM
 
5 posts, read 8,151 times
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I went to the court today with another explanation to defend myself.

They gave me to go for STOP class.

Thanks for your support guys!
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