HOME LAW INSURANCE

Search      

Go Back   FreeAdvice Legal Forum > TRAFFIC LAW > Speeding and Other Moving Violations
Register FAQ Members List Calendar Search Today's Posts Mark Forums Read



               


Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 06-07-2004, 01:29 PM
Member
 
Join Date: May 2004
Posts: 633

Speeding ticket for doing 50 in a 50!


What is the name of your state?Arizona

My husband received a speeding ticket today. In the box on the ticket asking for the approximate speed of the driver the police officer put 50. In the box asking for the posted speed limit the police officer put 50! The actual posted speed limit for this street is 40. Do we have any recourse due to this error?
Reply With Quote
  #2  
Old 06-07-2004, 01:33 PM
Meursault
Guest
 
Posts: n/a
Yes, show up in court and ask for a dismissal based on Stupidity.

Reply With Quote
  #3  
Old 06-07-2004, 01:56 PM
Senior Member
 
Join Date: Sep 2003
Location: Purgatory
Posts: 2,017
Maybe the carbon was crooked.

Fight the ticket state:

Your honor my husband was traveling at 50 mph in a posted 40 mph zone, but the ticket reflects 50 in a 50, I am sure the judge will enjoy.
__________________
Fide, sed qui, vide.
Reply With Quote
  #4  
Old 06-07-2004, 03:30 PM
Member
 
Join Date: May 2004
Posts: 633

Quota system in place


I have to wonder if the ticket my husband received was incorrect on purpose. Last week we received on our door a flyer from the local police union detailing our city's new rules requiring a quota system for police officers. They are now required to write 2.5 tickets per hour. The police union is VERY unhappy about this development drawn up by the city manager and new police chief.

I have to wonder if the error the police officer put on the ticket 50 in a 50 was on purpose? Probably just hopeful thinking though.

Also, is there any chance that this ticket might be dismissed BEFORE the court date? Wouldn't someone have to read the citation to enter it into the computer system and wouldn't that person be scratching their head just like us?
Reply With Quote
  #5  
Old 06-07-2004, 06:46 PM
Senior Member
 
Join Date: Feb 2003
Location: California
Posts: 15,427
Send a message via AIM to CdwJava Send a message via Yahoo to CdwJava
A "quota" for tickets? My God! The defense attorneys should have a field day! It ought to be relatively easy to argue that a citation was issued solely to keep an officer out of trouble.

In CA these are illegal. I am amazed that quotas are permitted in AZ ... unless you misinterpreted the article.

But normally, a clerical error like that won't make a difference.

Carl
__________________
A Nor Cal. Cop Supervisor
"Make mine a double mocha ... and a croissant!"

Remember, only two defining forces have ever offered to die for you: Jesus Christ and the American Soldier. One died for your soul, the other for your freedom!
Reply With Quote
  #6  
Old 06-08-2004, 10:14 AM
Senior Member
 
Join Date: Sep 2003
Location: Purgatory
Posts: 2,017
Wether the state permits quota's or no 2.5 tickets per hour is hard to swallow. Feasible to write yes.

I think rewording quota to "contacts made" is another way of addressing the issue.
__________________
Fide, sed qui, vide.
Reply With Quote
  #7  
Old 06-09-2004, 01:07 PM
gerardrj
Guest
 
Posts: n/a

Quotas aside


In Arizona you can in fact be issued for traveling at speeds even below the posted limit.
Just about every state words the maximum speed laws as for "clear, dry, daylight conditions without any unusual circumstances" of something like that.

So at night, in the rain, when it's cloudy, in hight winds, etc. you could be cited for traveling at 45mph in a 50mph zone.

As for what will happen at your hearing: The hearing officer will basically prompt the officer to fix (ammend) the traffic citation, and perhaps add on any other violations you may have made. You will not escape the fine based on the paper work error.

On a larger note... if you live in the Phoenix metro area and are traveling in a 45mph zone, there is no benefit to going any faster. In most all the cities, the lights are timed for 45mph, if you set your cruise control at about 43mph you will simply cruise through all green lights and save significant wear on your car and money in fuel costs.
It is near impossible to average more than 45mph on the surface streets for more than 2 miles without running red lights or colliding with someone or something.
Reply With Quote
  #8  
Old 06-09-2004, 01:37 PM
Senior Member
 
Join Date: Sep 2003
Location: Purgatory
Posts: 2,017
You are not serious
Quote:
So at night, in the rain, when it's cloudy, in hight winds, etc. you could be cited for traveling at 45mph in a 50mph zone.
Surely you do not believe this.
__________________
Fide, sed qui, vide.
Reply With Quote
  #9  
Old 06-09-2004, 02:41 PM
Sambo83
Guest
 
Posts: n/a
Surely he does. If you appear to be out of control of your vehicle, you could easily be cited for driving at an unsafe speed. This is moreso true in snowwy and icy conditions than just in rain.
Reply With Quote
  #10  
Old 06-09-2004, 03:06 PM
Member
 
Join Date: May 2004
Posts: 633

Conditions not unsafe


The weather they day the ticket was recieved was 105 degrees, sunny, not windy - typical AZ summer day. No unsafe conditions existed.
Reply With Quote
  #11  
Old 06-09-2004, 04:41 PM
Senior Member
 
Join Date: Sep 2003
Location: Purgatory
Posts: 2,017
The correct terminology would be

Speed too fast for conditions

On the other issue about a ticket for driving under posted limit: NO officer, in his/her right mind, has the desire to write someone for doing 5 mph under.
__________________
Fide, sed qui, vide.
Reply With Quote
  #12  
Old 06-09-2004, 04:58 PM
Sambo83
Guest
 
Posts: n/a
If the speed limit is 50 and there's 2 inches of snow on the road, everyone else is doing 30, and you're ripping by people, passing (in legal passing zones) doing 45, you can expect a ticket if a cop sees you.
Reply With Quote
  #13  
Old 06-10-2004, 08:17 AM
Senior Member
 
Join Date: Sep 2003
Location: Purgatory
Posts: 2,017
I believe I misread the post about traveling under the posted mph~I meant during normal driving conditions an officer is not going to cite you for 5 under.
__________________
Fide, sed qui, vide.
Reply With Quote
  #14  
Old 06-12-2004, 09:16 PM
josepavento
Guest
 
Posts: n/a
Never want a speeding ticket again? Dont speed!

Your husband is guilty. Why doesnt he just pay the fine, and slow down? For your information, I recieved a ticket in a 45 mph zone, and the officer wrote down that it was a 40 mph zone. The judge didnt really care, I plead guilty, life went on.

JOse.
Reply With Quote
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump



Find a Lawyer
Step 1:
Step 2:
 
Find a Lawyer
Post Your Case
Post your case and have it reviewed by a highly respected attorney. NO Cost, NO obligation, NO Fees! Get started now »
Get Legal Forms
Download 36,000+ forms »


All times are GMT -5. The time now is 03:43 AM.

Contact Us - FreeAdvice - Archive - Privacy Statement - Top                                        


IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.