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Passing in no passing zone

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susan2007

Junior Member
What is the name of your state? TX

I received a ticket for passing in a no passing zone and a warning following too closely. I've already pled not guilty and my court date is set for March 7th. I know that the passing zone had started before I crossed the line - it had proably just started, but I am certain it started. (Sure everyone is not guilty.)

Anyway I plan on fighting the ticket, but there are no witnesses - it will be my word against the officers basically. What can I do to prepare for the trial? I know the exact location that I passed and I plan on video taping it and taking pictures- the mile is written on the ticket and the entire mile is a passing zone, except for one section, approximately 75 - 100 ft, that is a bridge. The road is dangerous and has a lot of traffic, I would never pass in the middle of the day in high traffic on a bridge with no shoulder where I coudln't see the on coming traffic. However, how can I prove this?

I have a decent driving record - - I am not sure what is on my driving record, but I've had 3 tickets since I started driving 24 years ago, two of which were before I was 18 years - one I pled guilty and paid, one I pled no contest and paid. One I got last year in denton for speading and I paid it and did the probation thing where if I don't get another ticket in denton it won't go on my record. Then this one for passing in a no passing zone. How long do they stay on your record? Are the two from 22 years ago still on my record?

My driving record is about the only thing to prove that I am not reckless enough to pass as he is saying... on a bridge, blidlessly in busy traffic.

The only other option I know of is questioning if he could see that I was in the passing zone or not, but I not sure about that. I am not 100% positive of his position. I know that he was not on the side of the road and he was not directly behind me, which means he had to be behind the cars behind me. The closest car behind me was a good distance behind me.... prossibly 300 feet, so he had to be even further --- if that is where he was.

Any advice is greatly appreciated!!
Susan
 


moburkes

Senior Member
I'm confused. You knowingly violated the law, yet you're asking us to help you defend your actions? The law doesn't state (unless I missed something in your post), that you can pass in a no passing zone when the traffic is light.
 

susan2007

Junior Member
I'm confused. You knowingly violated the law, yet you're asking us to help you defend your actions? The law doesn't state (unless I missed something in your post), that you can pass in a no passing zone when the traffic is light.
Now I am confused. Where did I saw I broke the law???? I pled not guilty because I am not guilty.

I said "I know that the passing zone had started before I crossed the line". :rolleyes:


I never said that I passed on a light traffic day. What I said that is given my good driving record, I am not the type of RECKLESS driver that would pass on a bridge, in a no passing zone, in a very blind spot, with no shoulder. WOW!

I came here for help not to be dissed. I've reread my post twice and I still don't understand how you got that out of it.
 

moburkes

Senior Member
Now I am confused. Where did I saw I broke the law???? I pled not guilty because I am not guilty.

I said "I know that the passing zone had started before I crossed the line". :rolleyes:


I never said that I passed on a light traffic day. What I said that is given my good driving record, I am not the type of RECKLESS driver that would pass on a bridge, in a no passing zone, in a very blind spot, with no shoulder. WOW!

I came here for help not to be dissed. I've reread my post twice and I still don't understand how you got that out of it.
I apologize. I misunderstood what you were saying, which is why I said from the beginning that I was confused.
 

seniorjudge

Senior Member
The road is dangerous and has a lot of traffic, I would never pass in the middle of the day in high traffic on a bridge with no shoulder where I coudln't see the on coming traffic. However, how can I prove this?

This still does not compare to the "nursing Christian mother" defense in a speeding case I heard once! :D

Anyway, Susan, you admit you did it. ("I know that the passing zone had started before I crossed the line - it had proably just started, but I am certain it started.")

What do you want from us?
 

seniorjudge

Senior Member
Now I am confused. Where did I saw I broke the law???? I pled not guilty because I am not guilty.

I said "I know that the passing zone had started before I crossed the line". :rolleyes:


I never said that I passed on a light traffic day. What I said that is given my good driving record, I am not the type of RECKLESS driver that would pass on a bridge, in a no passing zone, in a very blind spot, with no shoulder. WOW!

I came here for help not to be dissed. I've reread my post twice and I still don't understand how you got that out of it.
Oh, okay. Yeah, I was confused also.

All right: Now pretend you are the judge. You hear the cop's story. Then you hear your story.

Who are you going to believe?
 

moburkes

Senior Member
Oh, okay. Yeah, I was confused also.

All right: Now pretend you are the judge. You hear the cop's story. Then you hear your story.

Who are you going to believe?
So, apparently all of the details that she wrote in the post made it confusing to read, since you and I both read the same thing (or so we thought).
 

susan2007

Junior Member
The road is dangerous and has a lot of traffic, I would never pass in the middle of the day in high traffic on a bridge with no shoulder where I coudln't see the on coming traffic. However, how can I prove this?

This still does not compare to the "nursing Christian mother" defense in a speeding case I heard once! :D

Anyway, Susan, you admit you did it. ("I know that the passing zone had started before I crossed the line - it had proably just started, but I am certain it started.")

What do you want from us?
I said the PASSING ZONE HAD STARTED, before I crossed! Yes, I admit I am not guilty. That I passed in a PASSING ZONE but was given a ticket anyway.
 

susan2007

Junior Member
Wow, I wanted help to be prepared for my trial, but I guess all I am going to get is how hard it was to understand my post.

Actually my post isn't that hard to understand if you would just slow down and read it. Sorry I didn't boil it down to 10 words or less.

Thanks for the help.
 

Zigner

Senior Member, Non-Attorney
Wow, I wanted help to be prepared for my trial, but I guess all I am going to get is how hard it was to understand my post.

Actually my post isn't that hard to understand if you would just slow down and read it. Sorry I didn't boil it down to 10 words or less.

Thanks for the help.
Your problem is that you will never be able to convince the judge that the officer is lying.
 

susan2007

Junior Member
Did you read the 2nd response that was posted 11 minutes before you typed this?
That is just the help I was looking for thanks. That will prepare me for my trial.

No, uhm I am a slow typer maybe? I had already pressed reply and was interupted while I was in the middle of replying. I am trying to multi-task. I also like to review my replies before I just hit post - you know reread them, correct them, hope that they are CLEAR. Sorry I am sooooooo slow. Is that sufficient explanation? Cross posts do happen you know.


Now, does anyone have anything helpful? Something that might help me be prepared for my tiral for which I received this ticket which I am not guilty? I'd appreciate some useful advice as I have never been in this situation. I've never pled not guilty to a ticket so I don't even know what to expect or what I should do to prepare.

Thanks in advance for some useful advice.
 

AlanShore

Member
That is just the help I was looking for thanks. That will prepare me for my trial.

No, uhm I am a slow typer maybe? I had already pressed reply and was interupted while I was in the middle of replying. I am trying to multi-task. I also like to review my replies before I just hit post - you know reread them, correct them, hope that they are CLEAR. Sorry I am sooooooo slow. Is that sufficient explanation? Cross posts do happen you know.


Now, does anyone have anything helpful? Something that might help me be prepared for my tiral for which I received this ticket which I am not guilty? I'd appreciate some useful advice as I have never been in this situation. I've never pled not guilty to a ticket so I don't even know what to expect or what I should do to prepare.

Thanks in advance for some useful advice.
The best way that any of us can ever prepare for a trial is to hire a lawyer. its you vs. the cop so he will win. A lawyer might be cheaper for you then trying to fight it and losing with both tickets going on your record. He can probably get it reduced to a non point violation.
 

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