OhmbientSound
Junior Member
I recently received a ticket for going 50 in a 35 zone in Elizabethtown, Kentucky. I didn't feel right when the officer pulled me over, and it nagged at me for a couple days until I took the time to really look over the ticket. So, here's the scenario:
I was leaving from Wal-Mart after having done some minor shopping at about midnight. I drove to the stop light at the intersection of the parking lot and the street I was making a left-hand turn onto. I do this every time I leave Wal-Mart because it's the most reliable location from which to make said turn and it is the shortest distance from the store to my house. For what it counts, the light at which I stopped is uphill, while the street I turned onto was downhill. Approximately 1/8 mile from the light at which I turned left, there is another light, after which the speed limit changes from 35 to 50.
There was no traffic on the road, being so late at night. I did not notice any vehicles behind me until after I had passed the second light, at which time I sped up to just under 50 mph (it's a small town, best to be cautious late at night). Shortly after this point, I noticed another vehicle behind me. Approximately 1 mile after the speed limit increase, I signaled I was turning right onto the next street of my route. At this point, the lights came on and I pulled over immediately after completing my turn.
The officer stated, quite matter of factly, "I pulled you over for doing 50 in a 35," asked me for my paperwork, and went to his car. He came back about 10 minutes later with a hand-written citation. I was cordial and compliant throughout the entire interaction. After receiving my citation, I went about my merry way.
The story being told, here are some of the questions and concerns I have as to the viability of me getting out of this. With my insurance rates having just dropped to a very comfortable level, I would hate for a conviction of a crime I didn't commit to send it back up.
1: The location of the violation is the exact intersection at which I made the left-hand turn. Supposedly, I was traveling at a "high rate of speed" at said intersection. How is this even physically possible?
2: In the distance between my turn and the change from 35 to 50 mph speed limit, I would practically have had to floor the accelerator in my car for half of the distance to attain 50 mph.
3: The location where I was actually pulled over. There are 3 locations between my left turn and my right turn that are very common spots for police to sit, two of which are also common locations to be pulled over into. The first "sitting" location is located on the left hand side of the 35 mph zone at the light. The other two locations are on the right side of the road between the speed limit increase and my right turn. If the officer had clocked me at the first "sitting" location, the location of the violation would have been a different intersection. If he had indeed caught me there, why would he feel the need to postpone pulling me over for a mile after the infraction, and only as I was beginning to turn?
Just a couple other things and I'll finish. I know it's probably not worth much if anything, but I still am holding onto the receipt which places me at Wal-Mart at the time immediately prior to the incident. There is no speed limit sign after my left turn until the speed changes to 50 mph. Oh, and that location is a common spot for people to get pulled over.
Essentially, I know for a fact I was not speeding at any point from before the officer saw me until I arrived at home after being ticketed. How solid of a defense would I have, especially given some of the circumstances?
I was leaving from Wal-Mart after having done some minor shopping at about midnight. I drove to the stop light at the intersection of the parking lot and the street I was making a left-hand turn onto. I do this every time I leave Wal-Mart because it's the most reliable location from which to make said turn and it is the shortest distance from the store to my house. For what it counts, the light at which I stopped is uphill, while the street I turned onto was downhill. Approximately 1/8 mile from the light at which I turned left, there is another light, after which the speed limit changes from 35 to 50.
There was no traffic on the road, being so late at night. I did not notice any vehicles behind me until after I had passed the second light, at which time I sped up to just under 50 mph (it's a small town, best to be cautious late at night). Shortly after this point, I noticed another vehicle behind me. Approximately 1 mile after the speed limit increase, I signaled I was turning right onto the next street of my route. At this point, the lights came on and I pulled over immediately after completing my turn.
The officer stated, quite matter of factly, "I pulled you over for doing 50 in a 35," asked me for my paperwork, and went to his car. He came back about 10 minutes later with a hand-written citation. I was cordial and compliant throughout the entire interaction. After receiving my citation, I went about my merry way.
The story being told, here are some of the questions and concerns I have as to the viability of me getting out of this. With my insurance rates having just dropped to a very comfortable level, I would hate for a conviction of a crime I didn't commit to send it back up.
1: The location of the violation is the exact intersection at which I made the left-hand turn. Supposedly, I was traveling at a "high rate of speed" at said intersection. How is this even physically possible?
2: In the distance between my turn and the change from 35 to 50 mph speed limit, I would practically have had to floor the accelerator in my car for half of the distance to attain 50 mph.
3: The location where I was actually pulled over. There are 3 locations between my left turn and my right turn that are very common spots for police to sit, two of which are also common locations to be pulled over into. The first "sitting" location is located on the left hand side of the 35 mph zone at the light. The other two locations are on the right side of the road between the speed limit increase and my right turn. If the officer had clocked me at the first "sitting" location, the location of the violation would have been a different intersection. If he had indeed caught me there, why would he feel the need to postpone pulling me over for a mile after the infraction, and only as I was beginning to turn?
Just a couple other things and I'll finish. I know it's probably not worth much if anything, but I still am holding onto the receipt which places me at Wal-Mart at the time immediately prior to the incident. There is no speed limit sign after my left turn until the speed changes to 50 mph. Oh, and that location is a common spot for people to get pulled over.
Essentially, I know for a fact I was not speeding at any point from before the officer saw me until I arrived at home after being ticketed. How solid of a defense would I have, especially given some of the circumstances?