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Speeding ticket for 6MPH over speed limit-Vette tax

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Old 02-17-2017, 03:11 PM
  #261  
atvBob
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Originally Posted by tcinla
I just remembered another ticket that the judge, separate city/court from my previous post, threw out essentially for the same reason. Both judges said that the enforcement officer put themselves in place of the judge by deciding who the law should apply to.
This is the most ridiculous thing I've read today (other than the previous similar claim).

So if TWO people rob a liquor store and there is only one officer present, he can't arrest the suspect he runs down unless he is ALSO able to catch the other one?
Old 02-17-2017, 03:13 PM
  #262  
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Originally Posted by thegame
cop was a douche
Cop was doing what he gets paid to do. If you don't like it, write your legislator and get him/her to change the laws.
Old 02-17-2017, 03:16 PM
  #263  
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Originally Posted by Walt White Coupe
No help to the OP but 6 over is way out of the norm for most police. Did he ever say how the speed was measured? I've lost track.
You'll typically see those kind of citations written when there were additional, more egregious reasons for the stop (e.g., following too closely for the speed traveled), but the officer cuts them a break and gives them a lesser ticket.
Old 02-17-2017, 03:19 PM
  #264  
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Originally Posted by MikeyTX
At the start of every shift, an officer is supposed to validate the accuracy of the unit and sign off that this has been done. Many departments require this be done several times during the officer's shift. I have seen citations thrown out because the officer could not produce the testing certs for the day the citation was written.
How long did you work as a LEO and what department(s)?

Yea, I thought so.
Old 02-17-2017, 03:20 PM
  #265  
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Originally Posted by atvBob
I'm sorry, but there's more to the story than just asking about some other car. Asking about why another vehicle wasn't pulled over and you were would NEVER get you out of a citation here. NEVER.
True.
In my experiences, it's always a bad idea to tell cops they are not infallible.


the officer can only pull over one vehicle at a time, anyway.
Incorrect.
I have seen 1 cop pull over more than one car before.
The procedure used is to drive up to the driver's side window, use a bullhorn and tell them to wait on the side of the road until they return.
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Old 02-17-2017, 03:25 PM
  #266  
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Originally Posted by mschuyler
My friend got a ticket for 1 mile over: 41 in a 40 in Poulsbo, WA last year. He went to court and the judge said he was not allowed to cancel the ticket. He was driving a Hundai.
The CITATION was for 1 MPH over, but how fast was he traveling when he was stopped? Odds are, reasonably faster than 1 MPH over.
Old 02-17-2017, 03:28 PM
  #267  
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Originally Posted by LT1 Z51
So is using a turn signal
So is not tailgating
So is keeping right except to pass
So is going under the minimum speed except when there is traffic
So is having working lights (head, turn, brake, and tail)

Except who gets tickets for those? Not many, based on what I see day in day out on the roads.

If you want to use the argument "It's the law" then ALL laws need to be enforced. If they aren't, why enforce ANY of them? I mean, it's not up to the cop to decide which ones to enforce. I'd say to them, do your job, or don't. But don't pick and choose depending on your mood.
Not sure how they handle things in YOUR neck of the woods, but those cites are written every day here.
Old 02-17-2017, 03:33 PM
  #268  
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Originally Posted by LT1 Z51
I do like how you detailed the required info, I know many people who beat tickets because one (or more) of those checks/certification was not done correctly or was not current.
That might be the MO in the larger (state) departments, but I can guarantee you that pre and post shift "calibrations" of radar units or speedometers are NOT part of most municipal or county department procedures, nor are tickets dismissed because of same in those jurisdictions.
Old 02-17-2017, 03:36 PM
  #269  
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Originally Posted by Frisbee
Fla code says police cannot ticket for less than 10 over limit unless in a school zone.
I'm not familiar with FL codified vehicle laws. Can you identify the FL statute to support this claim?
Old 02-17-2017, 03:38 PM
  #270  
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Originally Posted by LT1 Z51
Keep right except to pass inherently means do not pass on right.
No it doesn't. It means stay out of the left lane unless you're passing.

If there are two tables in a restaurant and one is labeled as a handicapped table and the other isn't, does that mean someone who is handicapped can't sit at the non-labeled table?
Old 02-17-2017, 03:40 PM
  #271  
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Originally Posted by Walt White Coupe
BALONEY

You always have a choice. My rule: NEVER plead guilty.

The worst that can happen if you plead not guilty is that you are found guilty. Most likely pleading not guilty will result in a reduced fine and/or points.

This isn't hypothetical, it's worked for me in every speeding ticket I've got.
Many courts will add court costs and fees if you plead not guilty, go to trial and are found guilty vs. avoiding court by admitting responsibility and paying the fine.

Last edited by atvBob; 02-17-2017 at 03:43 PM.
Old 02-17-2017, 03:48 PM
  #272  
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Originally Posted by CSevenGS
There's no rule about having to be as far right as possible all the time. You can travel in any lane indefinitely except the left. The left most lane is only one that some states have laws that say stay out unless passing. No state has a law that says you can't travel in any lane you want that isn't the left. Like I said, read statutes.
Correct.

Here in MI, roadways with two lanes moving in one direction require to to keep right except to pass.

Three or more lanes moving in one direction do not have the keep right requirement.

If you are otherwise legally occupying any lane other than the left lane in the 2-lane/same direction situation identified above, you are perfectly fine maintaining your lane.
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Old 02-17-2017, 03:55 PM
  #273  
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Originally Posted by LT1 Z51
Michigan does, you must keep right except to pass. It's also illegal to pass on the right unless there are three or more lanes.
In MI, you're only required to keep right except to pass when you are on a roadway with two lanes moving in the same direction. Keep right except to pass does NOT apply to highways with three or more lanes moving in the same direction EXCEPT for large trucks, which must remain out of the left lane unless exiting the roadway.

MCL 257.634 covers lane use. Specifically, subsections (2) and (3) apply to the use of the left-hand lane by traffic.

(2) Upon a roadway having 2 or more lanes for travel in 1 direction, the driver of a vehicle shall drive the vehicle in the extreme right-hand lane available for travel except as otherwise provided in this section. However, the driver of a vehicle may drive the vehicle in any lane lawfully available to traffic moving in the same direction of travel when the lanes are occupied by vehicles moving in substantially continuous lanes of traffic and in any left-hand lane lawfully available to traffic moving in the same direction of travel for a reasonable distance before making a left turn.

(3) This section shall not be construed to prohibit a vehicle traveling in the appropriate direction from traveling in any lane of a freeway having 3 or more lanes for travel in the same direction.
The only thing you CAN'T do relative to the 3+ lane freeway is travel in the left lane at a speed significantly slower than the rest of the traffic. This does NOT, however, mean you have to travel at 85 mph in a 65 mph zone, simply because others are. THAT is what the MSP has recently started cracking down on folks for doing.
Old 02-17-2017, 03:56 PM
  #274  
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Originally Posted by atvBob
Many courts will add court costs and fees if you plead not guilty, go to trial and are found guilty vs. avoiding court by admitting responsibility and paying the fine.
Court costs are chicken feed compared to increased insurance rates for three years. And pleading not guilty in my experience has resulted in the the court magistrate in PA reducing a speeding ticket to 5 over with no points and no reporting to insurance. A damn good deal.
Old 02-17-2017, 04:04 PM
  #275  
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Originally Posted by 2K14C7
Humm. Not sure where your info about yellow lane lines in the US came from but on 2 lane roads and highways in Missouri, yellow striping is only used to denote passing zones. If fact every state I've driven in has the same rule.
The color of the line denotes the direction of travel for the adjoining lanes: White = opposite directions and yellow = same direction. Solid line typically indicates a no passing zone while a dotted line indicates a passing zone . When lines are doubled and one differs (e.g., one solid and the other is dotted means the side with the solid line is in a no passing zone while the dotted line side is in a passing zone.

This is largely standard throughout the US, although some states do allow certain things that others don't (e.g., in CA you can cross over a solid white line to pass, but not a solid yellow line, while in other states you can't cross over a solid white line to pass).

There are far, far too many types of lane markings to discuss in a post. Your local DMV is a good place to learn your state's laws.
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Old 02-17-2017, 04:15 PM
  #276  
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Originally Posted by Walt White Coupe
Court costs are chicken feed compared to increased insurance rates for three years. And pleading not guilty in my experience has resulted in the the court magistrate in PA reducing a speeding ticket to 5 over with no points and no reporting to insurance. A damn good deal.
Not sure about your neck of the woods, but nowadays most insurance companies don't rely on the states' point systems. They have their own. Some of the violations that don't have DMV points associated with them still result in "insurance company points', thus affecting your rates.

If you've been assessed court costs because you fought the ticket and lost, you're going to be paying those court costs AND increased insurance rates, so fighting it and losing doesn't gain anything.

Last edited by atvBob; 02-17-2017 at 04:17 PM.
Old 02-17-2017, 05:45 PM
  #277  
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First, if the State has a policy of not reporting infractions that have no State points the insurance company has no way of knowing anything occurred.

What I described in PA is not hypothetical. And it's not about losing or winning. You are still going to pay a fine because you plead guilty to a lesser offense but your insurance will not increase. It amounts to plea bargaining.

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Old 02-17-2017, 07:25 PM
  #278  
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Originally Posted by atvBob
It's rather difficult for an single officer to pull over more than one vehicle at a time, so ...
Personally I did not like it when I'd light up the guy in front of me, and the guy in front of him would also pull over. You never really know what is the situation when that happens...
Old 02-17-2017, 07:30 PM
  #279  
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Originally Posted by atvBob
How long did you work as a LEO and what department(s)?

Yea, I thought so.
Bob, how often did you guys have to calibrate your radar? If I was working radar, I'd check mine before going 10-8. Everytime, unless there was a urgent pending call to respond first...

Just curious.

Steve
Old 02-17-2017, 09:58 PM
  #280  
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Originally Posted by atvBob
That might be the MO in the larger (state) departments, but I can guarantee you that pre and post shift "calibrations" of radar units or speedometers are NOT part of most municipal or county department procedures, nor are tickets dismissed because of same in those jurisdictions.
In Michigan, it's the law. They have to do that. Certifications and such must be current. Dunno about the shift stuff.

In fact if you can prove the cop radared you at speed you can sometimes get out of a ticket. Michigan law states the officer must "see you travelling at a questionable rate of speed" and the "verify that speed with his radar." Now I last checked those when I was 19 (so in 2000), the law may have changed, but I feel that's why you usually get a break on your ticket here. That way you DON'T fight it. Because either you win, and pay nothing, or you lose and PAY MORE!

EDIT: I see you're in Michigan. So maybe they changed the laws. The last time I looked up this information was again in 2000. I know photo cameras are illegal here because of some wording like that about the officer having to actually SEE you.

Last edited by LT1 Z51; 02-17-2017 at 10:18 PM.


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