What is the name of your state? Florida
Do I have a chance to fight this ticket in court?
At 9:15am I am driving home from work on my motorcycle in the right lane in the process to pass a van smoking from tail-pipe going 30mph on a 55mph posted road. I could not pass, another car passes both of us and heads up in front. I then have the opportunity to pass and succeed; I am then entering a school zone which is posted at 40mph from 8:00am - 9:30am. There are 5 cars in front of me they are about 100 ft away, three on the right lane and two directly in front of me, one being the car that passed me and the van earlier. I look up and see two motorcycle traffic units so I tap my brakes just like everyone else in front of me. Then one police officer comes out and pulls the front car over on the right lane as this happens the other cars pass and then the other police officer comes out and pulls me over. He is all excited, I pull over to the side of the road and he tells me to pull in closer so I do and then he repeats himself again but if I would have gone any closer I would have been in the grass and then you can't put your kickstand down to park your bike so I hesitated and did not go any further. He then reaches over and turns my ignition off and pulls the key out, before I even put my kickstand down. I believe he was a bit aggressive and endangered me for injury. As he is pulling the key away he states I am not going to get away like some of the other bikes he has tried to pull over befoer. Mind you I have both hands on the handlebars and looking down to park the bike in a good area trying to turn the bike off and put the kickstand down all at the same time while the police officer is reaching over pulling the key out from my ignition. He then states I have been clocked at 71mph. License and registration. I still have my full face helmet on during this whole time so he really never saw my face, I take my back-pack off get my wallet out and give him my license, but my registration is under the rear seat and I can't open it because he has the key, so ask for the key back and pull the registration out and hand it to him.
He goes back to his bike and starts to input all my data. He then hands me the ticket and he states I have to go to court for a court appearance I ask why and he states since I was going 30mph over the posted school zone 40mph. On the Ticket under violation it states
"Speeding- Unlawful Speed in a School Zone 316.1895(10) Laser#014208(ID DL Alone inside @ South of light witness Creamer #12514 71mph@1080ft) Then under a Miscellaneous Information area it states
Owner My Laser 69mph @ 1019 ft I believe the other police officer is Creamer and he is Owner but at the bottom it states his name is Forehand, maybe I am looking at it wrong.How is this possible when the other officer was pulling over the other vehicle in front on the right lane. I was about 200 ft away from that vehicle and I know I was not going 71mph when I came into the school zone, I even noticed them up ahead, and with all the brakes light going off it was even more obvious to slow down. I was not going that fast I was going 51mph. Yes I was speeding, I never admitted to it and I especially was not going 71 in a school zone. I was four blocks away from my house and on the way home from work not to work so I had no reason to go that fast especially in a known school zone that I go through every day on my way to work and home.
At trial I will not elaborate on these facts but I will go straight to the point of try to get the prosecution in a unprepared state. The goal is to prove that beyond any reasonable doubt I was actually going the 71mph stated speed. I thick Florida has no judicial notice on laser speed detection. I also know about letting the prosecutor present the case with the officer present. If I hear the officer state laser I should object towards the no judicial notice in Florida. In my cross-examination I ask for calibration certificate for the laser, maintenance records, how he checked for accuracy of the laser, “process should be that he either used two none moving targets and different distances and he used a vehicle with a calibrated speedometer" , his training as an operator and if he is a certified technician in regards to laser calibration.
Am I missing anything?
This is my first time fighting a ticket. I am going to be very nervous but I this a wrongful accusation towards me and I want to fight it all the way.I have not had a ticket in over 7years, which was a red Light Run Mistake. I stopped and waited 5 minutes for the light to change and it never did, so I thought it was damaged, come to find Red's and Blues in my rear view mirror. I paid ticket and forgot about the incident. I am a responsible adult and I use my motorcycle to commute to work and school, not to fly around and try to impress people by creating an unsafe environment by speeding. I use my motorcycle in order to save $$$ in my wallet. I get a lot better gas mileage on it than my truck.
I can use all the help I can get. I know you guys are experts at this!!!
Happy Holidays To All.
Spoon-xWhat is the name of your state?What is the name of your state?
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