[FL] Excessive Speed

[noname007]

What is the name of your state? [FL]

Regarding the infraction, I was cited in FL on one of the major
arteries leading to Miami. Citation was for exceeding the posted speed limit of 70 mph by 32 mph or 102 in 70. If it matters I do not reside in the state of FL, rather 1,000 miles north of it.

Long story short, the Tpr who cited me said that he clocked me 8 miles prior to where he stopped me. During the time period I never saw any police vehicle behind me let alone for 8 miles and nor during this distance was I traveling at such an excessive speed as he stated.

I find it very difficult that the tpr. correctly identified the vehicle in which I was driving during this distance considering the traffic. Tpr. stated that this was not captured on video.

Thus I am left with a Mandatory Court citation. I have been citation free in the
United States for the past 4 years and have a "clean record," thus I am not sure
what action is needed to be taken on my part.

In your expert opinion, do you feel that this is a case in which a deferral can
be considered? Is it advisable to hire an attorney, to insure that this case is one that could be won or at least have the charges mitigated?

Thanks for any advice, I really could use it.

[JustAPal00]

What model and color of car were you driving? How many exits and entrances to your road did you pass durring the 8 miles? What state were the plates on the car you were driving?

[racer72]

The only answer you need, no questions required. Hire an attorney. You are looking at a mandatory one year suspension of you driving privelige.

[noname007]

Originally Posted by JustAPal00

What model and color of car were you driving? How many exits and entrances to your road did you pass durring the 8 miles? What state were the plates on the car you were driving?

I find those questions to be a bit to personal for a public forum. The exits will need to be investigated.

Anyone else?

[Hey There]

1. Beat Your Ticket Go to Court & Win by Attorney David W. Brown is the most clearly written and informative book on Traffic Tickets that I've read. For $21.99 you can buy a copy and write in it, mark pages, highlight, whatever, If you can resist doing this you can hopefully check one out from the local library for free.
2.Check out the National Motorists Associatio website. I liked it well enough to become a member, but there is useful information for non-members as well.
3. According to the above book Speed is measured in Florida by Pacing, Aircraft, Vasar or Radar. These methods have certain flaws that can produce an inaccurate reading . Chapters 5 & 6 deal with speeding violations and how the above methods of estimating speed
could be in error.
4. I went to a Florida rules of the court website and pasted the rules pertaining to Filing an Affadavit instead of appearing in court if YOU LIVE OUT OF STATE. I also copied and pasted the rules for obtaining the officers notes. I ended up copying all the court rules. I tried deleting the portions that didn't apply and ended up deleting the reply to you twice. However if????I come across the rules on discovery and Filing an Affadavit I will attempt to send. By checking the internet for Florida rules of court pertaining to traffic tickets you may be able to find the paragraph dealing with discovery,and the paragraphs dealing with filing an affadavit It would be to your advantage to obtain the officer's notes before filing an affadavit if you choose to do so.The Court clerks (I Assume ) have forms to file an affadavit which should have instructions on the back of the form on the correct way to do this. Maybe you could request that the form be mailed to you if you choose to file? Check out your options if you submit an affadavit and the judge rules against you.
5.Some lawyers will give a free or low fee consultation Check out the Yellow Pages.

Monday, August 20/07

[Hey There]

ELECTION TO ATTEND TRAFFIC SCHOOL(a) Attendance at School. Unless a mandatory hearing is required, or the defendant appears at a hearing before an official, a defendant may elect to attend a driver improvement school pursuant to section 318.14(9), Florida Statutes, within 30 days of receiving a citation. Attendance at a driver improvement school shall not operate to waive the law enforcement education assessments under section 943.25, Florida Statutes. Any defendant electing to attend driver improvement school under section 318.14(9), Florida Statutes, will receive a withheld adjudication and not be assessed points. (b) Location of School. A defendant who is sentenced to or elects to attend a driver improvement school shall have the right to attend an approved school in the location of the defendant’s choice. RULE 6.340. AFFIDAVIT OF DEFENSE OR ADMISSION AND WAIVER OF APPEARANCE(a) Appearance in Court. Any defendant charged with an infraction may, in lieu of a personal appearance at trial, file an affidavit of defense or an admission that the infraction was committed as provided in this rule. (b) Posting of Bond. The trial court may require a bond to be posted before the court will accept an affidavit in lieu of appearance at trial. The defendant shall be given reasonable notice if required to post a bond. (c) Attorney Representation. If a defendant is represented by an attorney in an infraction case, said attorney mayrepresent the defendant in the absence of the defendant at a hearing or trial without the defendant being required to file an affidavit of defense. The attorney shall file a written notice of appearance. The attorney may enter any plea, proceed to trial, present evidence other than the defendant’s statements, and examine and cross examine witnesses without the defendant being required to file an affidavit of defense. Nonetheless, a defendant represented by an attorney may file an affidavit of defense. If a represented defendant files such an affidavit, the affidavit must be signed and properly notarized, subjecting the affiant to perjury prosecution for false statements.
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(d) Sample Affidavit of Defense or Admission and Waiver of Appearance.* IN THE COUNTY COURT,STATE OF FLORIDA, * COUNTY, FLORIDA Plaintiff, * * CASE NO.vs. * * CITATION NO., * Defendant. * DRIVER’S LICENSE NO.* AFFIDAVIT OF DEFENSE OR ADMISSION AND WAIVER OF APPEARANCE Before me personally appeared , who after first being placed under oath, swears or affirms as follows: 1. My name, address, and telephone number are: Name: Address: Telephone No.: 2. I am the defendant in the above-referenced case and am charged with the following violation(s): (List the charges as you understand them to be.) [Note: This is not an admission that you violated any law.] 3. Check only one as your plea: I hereby plead NOT GUILTY and file this affidavit of defense as my sworn statement herein. I understand that when I plead not guilty, I do not have to supply any further statement. I understand that by my filing this affidavit, the hearing officer or judge will have to make a decision as to whether I committed the alleged violation by the sworn testimony of the witnesses, other evidence, and my statement. I understand that I amwaiving my personal appearance at the final hearing of this matter. I hereby plead GUILTY and file this affidavit as an explanation of what happened and as a statement that the hearing officer or judge can consider before pronouncing a sentence. I understand that I am not required to make anystatement. I understand that the hearing officer or judge will determine the appropriate sentence and decide whether to adjudicate me guilty. I hereby plead NO CONTEST and file this affidavit as an explanation of what happened and as a statement that the hearing officer or judge can consider before pronouncing a sentence. By pleading no contest, I understand that I am not admitting or denying that the infraction was committed but do not contest the charges, and I understand that I may be sentenced and found guilty even though I entered a plea of no contest. I understand that I am not required to make any statement. I understand that the hearing officer or judge will determine any appropriate sentence and decide whether to adjudicate me guilty.4. Defendant’s Statement: (additional papers, documents, photos, etc. can be attached but should be mentioned herein).
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8-20-07/ Regards, Hey There Reply #2
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[Hey There]

6.445. DISCOVERY: INFRACTIONS ONLYIf any relevant supporting documentation regarding the electronic or mechanical speed measuring device used by the citing officer is in said officer’s possession at the time of trial, the defendant or defendant’s attorney shall be entitled to review said documentation immediately before that trial. RULE 6.455. AMENDMENTS The charging document may be amended by the issuing officer in open court at the time of a scheduled hearing before it commences, subject to the approval of the official. The official shall grant a continuance if the amendment requires one in the interests of justice.
(b) Tape Recording of Hearing. Any party to a noncriminal traffic infraction may make a tape recording of the hearing. The provision and operation of the recording equipment (whoops wiped it out)
but as I remember the recording is then sealed in court and transcribed.I think you have to pay for the transcription.
Think that's it/Regards/ Hey There

[JustAPal00]

Originally Posted by noname007

I find those questions to be a bit to personal for a public forum. The exits will need to be investigated.

Anyone else?

Personal? I didn't ask the plate number. Let's see I'll try to explain it to you. If you were driving a white Taurus with FL tags then there could be a pretty good chance that there were more than one durring the eight miles of road you covered. However if let's say you were driving a lime green Lambroghini with CA tags, then you're busted. Since you considered the question a little to personal, I'm betting you weren't driving the Taurus so it's probably time to sell the Lambo!

Any other questions?

[noname007]

Well it wasn't a Lamborghini nor any other rare exotic. A run of the mill high end Acura, Silver with FL plates.