resullivan
Junior Member
What is the name of your state? Alabama
Ok, this is what happened. I was stopped at a red light next to another vehicle. There were 3 lanes and I was in a lane that was about to end. In order to get over I decided to speed up to pass the vehicle next to me. The vehicle next to me did not like this idea so they also accelerated. At about this time we passed a cop sitting on the side of the road. I saw him pull out so, having the feeling I was going over the speed limit but honestly not knowing how fast I was going, I pulled over before he even was fully pulled out. He stopped behind me letting the other vehicle go. He indicated that he did not clock me but that he felt he should give me a reckless driving ticket due to the high speed of the wind. He gave me a prudent/reasonable speeding ticket. After looking this up it appears to me that the point of these tickets is for those not necessarily exceeding the posted maximum speeding limit but going at a rate that is not approriate for the situation. To me this sounds like they still need to clock you as the officer is relying on his perception of my speed otherwise. So my questions:
1. Is it reasonable to plead not guilty to this? Do I have a chance that it will be thrown out?
2. If I do plead not guilty to this is there the possibility of them trying to give me the harsher reckless driving ticket? If they can do this, is it likely that this will hold up?
It felt as if I were speeding but neither I nor the officer can say for sure. The posted limit was 45 but my argument is: what if the officer had just witnessed a person driving way under the speed limit and was using that to base my speed?
Ok, this is what happened. I was stopped at a red light next to another vehicle. There were 3 lanes and I was in a lane that was about to end. In order to get over I decided to speed up to pass the vehicle next to me. The vehicle next to me did not like this idea so they also accelerated. At about this time we passed a cop sitting on the side of the road. I saw him pull out so, having the feeling I was going over the speed limit but honestly not knowing how fast I was going, I pulled over before he even was fully pulled out. He stopped behind me letting the other vehicle go. He indicated that he did not clock me but that he felt he should give me a reckless driving ticket due to the high speed of the wind. He gave me a prudent/reasonable speeding ticket. After looking this up it appears to me that the point of these tickets is for those not necessarily exceeding the posted maximum speeding limit but going at a rate that is not approriate for the situation. To me this sounds like they still need to clock you as the officer is relying on his perception of my speed otherwise. So my questions:
1. Is it reasonable to plead not guilty to this? Do I have a chance that it will be thrown out?
2. If I do plead not guilty to this is there the possibility of them trying to give me the harsher reckless driving ticket? If they can do this, is it likely that this will hold up?
It felt as if I were speeding but neither I nor the officer can say for sure. The posted limit was 45 but my argument is: what if the officer had just witnessed a person driving way under the speed limit and was using that to base my speed?