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Florida ticket 79 in a 60 moving radar

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Melissababy

Junior Member
I live in Florida and I am questioning the ticket because the officer listed the statute but did not list the subsection. Is this allowed? The uniform citation has blank spaces on it for "section" and then "subsection." The reason that I noticed this is because when I looked up my violation online, the clerks office says that i am in violation of 316.187(1), but when i look at my actual ticket, the officer only wrote "316.187" . Is this a reason to try and fight the ticket? I understand it's a technicality but still now this has me thinking. For info, here is what the entire statute says:

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.

(2)(a) The maximum allowable speed limit on limited access highways is 70 miles per hour.

(b) The maximum allowable speed limit on any other highway which is outside an urban area of 5,000 or more persons and which has at least four lanes divided by a median strip is 65 miles per hour.

(c) The Department of Transportation is authorized to set such maximum and minimum speed limits for travel over other roadways under its authority as it deems safe and advisable, not to exceed as a maximum limit 60 miles per hour.

(3) Violation of the speed limits established under this section must be cited as a moving violation, punishable as provided in chapter 318.


So if anyone out there could help me I would sure appreciate it.
Meliss. :)
 


lwpat

Senior Member
Florida Traffic School

You're not going to get a judge to buy into that one. Either show up on your court date and negotiate for a reduction or take Florida traffic school. They make is very easy to take the school and even reduce the fine by 18%. Get permission from the court and you will have it over and done with and no insurance rate hike. Here is a link for more information:

http://www.trafficschoolonline.com/?lcode=4013
 

Melissababy

Junior Member
Thanks for the reply. Traffic School was my first thought because i can take it online and I even have one school close to the house (that i can go to in person). But my friend told me that my insurance rates would still go up -- that the insurance company would find another reason to raise the rates. So that is why i was considering fighting the ticket. I think the law says that they cant raise the rates if you go to traffic school but then they just call it something else (ex. - costs have risen, etc.) So I don't know what to believe at this point.
 

lwpat

Senior Member
By law they cannot raise your rates if you do the school. Actually auto insurance rates are dropping for the first time in years. If you have not gotten competitive quotes from several companies now would be a good time.
 

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