speeding ticket/blocked sign

[bunun]

What is the name of your state? name of my state is florida

yes i was speeding, yes im trying to get over on the law, and yes im the scumbag of the earth.

ok i i was allegedly clocked at 44 in a 25, i personally think i was doing 40, the last visible sign was 35, the sign where the road turns to 25 was blocked by shrubs (pictures below), can i have the case dismissed, or would the judge just reduce the fine (188 dollars) ? thanks in advance to the wonderful members of this board for advice.

if i can prove that i, the driver was under the assumption that the current speed limit was 35 can i have the case dismissed since my ticket is for doing 44 in a 25 ???


http://i109.photobucket.com/albums/n...t/P1040520.jpg
http://i109.photobucket.com/albums/n...t/P1040519.jpg
http://i109.photobucket.com/albums/n...t/P1040518.jpg
http://i109.photobucket.com/albums/n...t/P1040514.jpg

[fairisfair]

Originally Posted by bunun

What is the name of your state? name of my state is florida

yes i was speeding, yes im trying to get over on the law, and yes im the scumbag of the earth.

ok i i was allegedly clocked at 44 in a 25, i personally think i was doing 40, the last visible sign was 35, the sign where the road turns to 25 was blocked by shrubs (pictures below), can i have the case dismissed, or would the judge just reduce the fine (188 dollars) ? thanks in advance to the wonderful members of this board for advice.

if i can prove that i, the driver was under the assumption that the current speed limit was 35 can i have the case dismissed ???


http://i109.photobucket.com/albums/n...t/P1040520.jpg
http://i109.photobucket.com/albums/n...t/P1040519.jpg
http://i109.photobucket.com/albums/n...t/P1040518.jpg
http://i109.photobucket.com/albums/n...t/P1040514.jpg

OK Scumbag.....LOL just kidding
you were still speeding, but you might certainly get a judge to reduce the fine. Based on your pictures, it seems to be worth a try.

[bunun]

Originally Posted by fairisfair

OK Scumbag.....LOL just kidding
you were still speeding, but you might certainly get a judge to reduce the fine. Based on your pictures, it seems to be worth a try.

wow that was fast, thanks, i read in another thread this, its in michigan, but maybe florida has similar laws ?

The New Magistrate Traffic Adjucation Manual for Michigan states that a defendant cited for disobeying a traffic signal may be excused if he /she can show that the sign or signal was obscured by rust of vegetation, or inoperative due to theft, vandalism, or mechanical failure*.
The ' * ' references requirements for proper sign placement as stated in the MUTCD.

if the fine is just going to be reduced, ill just go to traffic school so i wont get an points on my record. if i can have it removed, ill go to court.

[fairisfair]

Originally Posted by bunun

wow that was fast, thanks, i read in another thread this, its in michigan, but maybe florida has similar laws ?



if the fine is just going to be reduced, ill just go to traffic school so i wont get an points on my record. if i can have it removed, ill go to court.

Your problem is going to be the fact that even if you believed the speed limit to be 35 mph, you were still speeding.

[bunun]

Originally Posted by fairisfair

Your problem is going to be the fact that even if you believed the speed limit to be 35 mph, you were still speeding.

touche, touche, this is where im the scum of the earth part comes in, would the judge throw the case out because i was cited for 25 when i under the assumption it was 35, or is he just gonna reduce the fine ? or would it be a more a luck of the draw type thing ?

[Zigner]

Originally Posted by bunun

touche, touche, this is where im the scum of the earth part comes in, would the judge throw the case out because i was cited for 25 when i under the assumption it was 35, or is he just gonna reduce the fine ? or would it be a more a luck of the draw type thing ?

I think you have a better than 50-50 shot so long as you don't show that 4th picture in court

[Hey There]

12-2-07
bunun,

From website Florida Rules Of Court:
RULE 6.445. DISCOVERY: INFRACTIONS ONLYIf any relevant supporting documentation regarding the electronic or mechanical speed measuring device used by the citing officer is in said officer’s possession at the time of trial, the defendant or defendant’s attorney shall be entitled to review said documentation immediately before that trial.******************
IN Florida the officer can use Pacing, aircraft, VASCAR, radar. All methods can be INACCURATE. In a book published by NOLO, Chapters 5 & 6 discuss speeding violations and how to fight them.
Perhaps the officer indicated on the traffic ticket which method he used to determine your speed? Chapter 11 deals with the officer's testimony and how to cross-examine him on how he determined the driver's speed. This book on how to fight traffic tickets should be available at a local library.
Regarding an obstructed STOP sign, the author cautions that it is best not to cross-examine the officer on this, but limit testimony to the facts of obstruction backed up by pictures.
Your pictures 1,2,3, clearly show that the SPEED LIMIT sign is obstructed. 8x10 enlargements would certainly show this clearly when( presented in court as exibits.)
Regarding the sign, whoever is responsible for speed limit signs ,
needs to be made aware of this problem and have it corrected.
Department of Transportation or the city?

The officer cited you for 44mph in a 25mph zone. If you disagree with this, and choose to fight the ticket, you aren't obligated to prove what speed you THINK you were going, only that the officer was in error when he cited you for 44 in a 25mph zone.

There are several websites on Fighting a Speeding Ticket if you rather check for information on the internet than making a trip to the library.
At Google by typing in Fighting or Plea Bargaining A Traffic Ticket websites on the first page, in particular the one titled
Speeding Ticket -- Fighting or Plea Bargaining give extensive information on this subject.
Speeding Ticket FAQ reached through Google is informative as well.

Regards,
Hey There