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  #1  
Old 03-13-2002, 05:27 PM
laker
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Speeding ticket


I was given a speeding ticket for going "Exactly" 55 in a supposed 45 zone. After questioning the officer three times about whether there was a sign indicating any such speed limit, he proceeded to say "Are you saying I'm not telling you the truth?"

The reason I questioned it: there are numerous sections of this rural road that are posted 55. At the end of the conversation, I asked him to tell me where this sign was located and he told me.

Sure enough, when I checked at the exact location he said, there was a "45" speed limit sign laying face down in the dirt. I got pictures of the sign and the landmarks surrounding it.

The question I have- after signing a ticket such as this- will a writ of mandamus help me at all? I know that the "ignorance of the law" excuse won't fly, but I really do feel this is a case that could be won based on the extenuating circumstances.

By the way, about a week later the sign was resurrected where I had found it (what a coincidence...)

Your advice?????
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Old 03-14-2002, 02:46 AM
Vincent Cosent
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A writ of mandamus


is an order of a high court to a lower court,board,corp.,or person telling them what to do or not do.Stop trying to be a lawyer till you finish law school.Take your pictures to court and plead not guilty explaining that the speed sign was not properly displayed.If the judge is having a good day you may win.However if they have pictures of you removing the sign and placing it on the ground expect to be put away for a long time.
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Old 03-14-2002, 05:53 PM
laker
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I don't know why you're slingin' the law school stuff...Vincent...the Writ of Mandamus was referred to by the state motor vehicle bureau as my only recourse on a signed speeding ticket. Believe me, I ain't in law school, so you were off base implying that I was a wide-eyed Legal Eagle...
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  #4  
Old 03-14-2002, 07:26 PM
Vincent Cosent
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Just go to court


like everyone else and plead not guilty.That is your only recourse to a speeding ticket.Or plead guilty.A writ has nothing to do with a speeding ticket and is rarely given from courts and not for speeding tickets.I suspect someone was funnin with you.No hard feelings intended.Good luck!
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