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Old 07-24-2012, 11:55 PM
 
Location: Victoria Woods, CA
464 posts, read 785,322 times
Reputation: 251

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...this has probably been addressed numerous times.

However, my particular situation: Somebody turned out in front of me on a red light for them with barely slowing down. I avoided an accident by quickly checking my side mirror, speeding up ahead of traffic to change to the middle lane, and then going back to the slow lane when safe.

Yep, you can clearly see where this is going. I just checked my speed because my heart had skipped a beat (or two) in all of this and it felt like I was traveling a bit fast. Check. 57. Flash. What??? Then it dawned on me that I must have just passed the photo radar. Yep.

Anywho. 61 according to them. Now do I just request a hearing to explain what occurred just before the picture? Or will I somehow end up paying double the fine cost with court fees, etc. since technically I was indeed speeding...but it was because I avoided an accident. If I just suck it up and pay the $219, it just doesn't seem right as I wish there would have been a camera at the red light runner. I believe I will also get 2 points on my license. Go to driving school and suck it up but no points?

Okay, as you can see, I may not agree with the ticket due to the situation at hand...but neither do I want to end up paying $400-500 because I think it should be dismissed due to the circumstances.

What do you guys/gals think????
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Old 07-25-2012, 09:11 AM
 
Location: Gilbert - Val Vista Lakes
6,069 posts, read 14,122,326 times
Reputation: 3869
I think the judge will have some questions, such as:
  • Why didn't you hit your brakes instead of speeding up into the left lane?
  • How close were you to the car when he made the right turn?
  • How fast were you going in the right lane before the car pulled out?
  • What was the posted speed limit?
  • How much distance did it require for you to reach 61mph from your posted speed?
If you go to court I would suggest you make a drawing showing exactly where you were and at what speed you were traveling when the car made the right turn. Then show the distance from where you moved into the left lane and reached 61 mph.

If you think the judge will buy your story, the you may wish to go that route.

If you think there is the chance that the judge won't agree with you, then perhaps you should consider the option of taking the drivers class. It's cheaper and will not show on your record.
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Old 07-25-2012, 09:17 AM
 
203 posts, read 466,117 times
Reputation: 204
I'm very familiar with that light and where that photo radar is.....it's a decent ways down. If you're trying to tell me you didn't have time to slow down in the 20 seconds (and that's going 50 mph..the speed limit there) before hitting that photo radar, I don't believe you. I drive by it every day and have avoided morons who take that turn there in front of you.
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Old 07-25-2012, 10:40 AM
F40
 
Location: 85379^85268
826 posts, read 810,325 times
Reputation: 403
I go by there a lot.I think 61 mph is what will set the flash. I do not see how you can win in court. $ 216.00 seems a bit high. Good luck
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Old 07-25-2012, 10:44 AM
 
Location: Metro Phoenix, AZ USA
17,861 posts, read 40,738,083 times
Reputation: 10586
Traffic school will cost about the same, but at least you don't have the ticket.
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Old 07-29-2012, 10:47 PM
 
Location: Victoria Woods, CA
464 posts, read 785,322 times
Reputation: 251
Thanks for all your input. I had my envelope signed and sealed with the hearing request box marked ready to mail off...ready to battle.

My husband suggested I take a look at the video online first before mailing. I did. Hm-m-m. Boy, it doesn't look good. The 3 cars that are traveling in front of me pass under the radar at a considerably slower speed than myself and two other zippy cars, one which blows right by me. Could the 3 prior cars being traveling extremely slow? Sure, it's possible but highly unlikely.

My 50/50 chance before the judge is looking more like 65/35. I'm going to do the driving school thing and avoid a whopping 3 points on my license....lesson learned.
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