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speeding in school zone--NOT

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spurzem

Junior Member
What is the name of your state? Colorado

Ok--here's the scenario. I am stopped by an officer for speeding in a school zone. I never saw any flashing lights, and I had already slowed and stopped for --a jogger and three bicyclists---so I was not unaware. . The officer comes up to my car and asked me if I knew why I was pulled over. I said no. Officer said he clocked me at 35 in a 20. (normal speed thru there is 30 mph-- 20 in school zones when lites are flashing. ) I said I did not see any flashing lights . The time is 2:58 PM according to my dash clock. My car is stopped in a position so that I can see the yellow school zone light at the opposite end from my rear view window. It is NOT flashing.
Officer takes my reg and license and goes back to his car. Another officer pulls in behind him. There is a one minute or so confab and the second officer drives away. First officer comes back and hands me ticket to sign, and again I tell him there were no flashing lights. He says the lights run until 2:55 PM.
Anyway--later I look at the ticket and notice that the officer had put down the time of the stop as 13:50 PM--1:50 PM military time. A full hour before he stopped me in that school zone---AND--at 1:50 PM I was at my place of employment and seen by other employees---one of which has written me a statement to that effect, and another who is a notary notarized it.
Here's what I think---the officer KNEW those lights had just turned off and nailed me anyway. And deliberately put down the time wrong to cover his butt, probably thinking that I would never notice or that I would not understand military time.
I intend to plead not guilty and fight this---what are my chances since the officer put the wrong time on the ticket? I'm 56 years old--I haven't had anything other than a 'fix it' ticket in 20 years. And by the way, I don't know how often you guys get told how wonderful it is to be able to go and get free advice---but I'm telling you now. Thanks.
 


CdwJava

Senior Member
I think he simply wrote down the wrong time. But you can feel free to bring the matter up in court ... though I would avoid accusing the officer of intentionally falsifying the document as most judges don't appreciate that.

Its possible that a judge will agree with your version of events regarding the flashing lights. But, the officer may testify that when he saw you roll through there, the lights WERE flashing ... your clock and the timer the lights are on may not be atomically in sync.

The time on the cite issue will probably be moot if the officer can correct the matter in his testimony. Since you signed the citation (I assume) you WERE there ... it would be hard to argue that you were in your office when you signed the citation.

Present your argument in court and see what happenes. You likely have little to lose. But don't call anyone a liar or you might immediately turn the court off.

Carl
 

spurzem

Junior Member
speeding in a school zone--NOT--thanks Carl

Thanks so much, Carl--I truly appreciate your input. Of course I had no intention of saying I wasn't there ... ;^) and I wouldn't accuse the officer to the judge, still tho--my feeling is that if I had not told him I had not seen any flashing lights prior to his actually writing me the ticket---the ticket might have reflected the actual time of day. I suppose I'm destined to lose, since it's his word against mine.
 

CdwJava

Senior Member
Well, you never know. If the officer did not see the lights flashing, I would hope he would answer truthfully. Its possible he had seen them flashing moments earlier and maybe they weren't at the time of the stop. Then it comes down to who might have the most believable recollection of the event. This USUALLY goes to the officer since it tends to be his job to watch for those things ... the rest of us don't tend to pay a whole lot of attnetion to things we aren't looking for regarding specific violations.

I've watched people run very red lights and then insist they went through on a green. I believe they THOUGHT they did, but I was sitting there WATCHING the red ... that was my assignment and that was what I was doing. The fact that they were adamant they did not run the light did not make it true - nor did it make them a liar ... they were mistaken.

And it could be that one of you was mistaken about the flashing lights. They may have stopped just before he saw you ... or maybe just after he saw you ... who knows.

It shouldn't hurt to say your piece in court, though.

Carl
 

spurzem

Junior Member
Thanks again, Carl. I didn't mention that I had a gal in the car with me who I was driving home. I asked her if she had seen the lights flashing, either, and she said no---but since she is developmentally disabled ( used to be called retarded ) despite her status as 'high functioning' I doubt anyone would believe her. Anyway--you've helped a lot, and I appreciate it.
 

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