Speeding Ticket in Siloam Springs AR

[notahoser]

I am a mechanical engineer and don't know much about the law at all. I have had speeding tickets before and just paid them. That being said, any information is greatly appreciated, here is my situation.

I was driving to work one morning traveling north on a two lane road in town. I saw a police car come around a curve and I slowed down to 35mph. I saw the officer pull off the road, turn around and pull me over. I was given a ticket for doing 46 in a 30. I didn't argue or anything because I didn't know how fast I was going or what the speed limit was. I wondered why I didn't know what the limit was, so I went back and checked and there were no signs. The next morning I took pictures of the road just for good measure. On the southbound lane however there were two signs. Is there any defined speed limit for unmarked roads?

My court date is tomorrow. I plan on pleading not guilty and then saying the road was unmarked, I was traveling at what felt like a safe speed, saw another car coming, and slowed down.

Should I ask for driving school or some sort of plea bargaining or is this something that is done prior to your court date? I have seen lots of stuff on the internet about 'trick' ways to get out of tickets like changing your court date. Is this something that is recommended or just silly?

Thanks for any information.

 

[seniorjudge]

I am a mechanical engineer and don't know much about the law at all. I have had speeding tickets before and just paid them. That being said, any information is greatly appreciated, here is my situation.

I was driving to work one morning traveling north on a two lane road in town. I saw a police car come around a curve and I slowed down to 35mph. I saw the officer pull off the road, turn around and pull me over. I was given a ticket for doing 46 in a 30. I didn't argue or anything because I didn't know how fast I was going or what the speed limit was. I wondered why I didn't know what the limit was, so I went back and checked and there were now signs. The next morning I took pictures of the road just for good measure. On the southbound lane however there were two signs. Is there any defined speed limit for unmarked roads?

My court date is tomorrow. I plan on pleading not guilty and then saying the road was unmarked, I was traveling at what felt like a safe speed, saw another car coming, and slowed down.

Should I ask for driving school or some sort of plea bargaining or is this something that is done prior to your court date? I have seen lots of stuff on the internet about 'trick' ways to get out of tickets like changing your court date. Is this something that is recommended or just silly?

Thanks for any information.

What is the statute number you were charged under?


Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable.

From marbol:

“Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a ‘vibrate’ position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR it VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings.”

(Better yet, don’t carry your cell phone into the courtroom.)


Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter is pregnant/sick/dying/dead/crippled and needs my help.

3. I’ve got a job in [name a state five hundred miles away].

4. This is the first time I ever did this.

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.” Or, another variation: “I was forced into it by a bad guy!”)

https://forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender’s advice

http://newyork.craigslist.org/about/best/sfo/70300494.html


Other people may give you other advice; stand by.

 

[notahoser]

Thank you for the quick reply and advice.

I believe the statute number is 27-51-201. That is the number under the box that is labeled 15-20. Which is the range my speed was in excess of the limit. There is another section for statute number that is blank.

I will be sure to dress accordingly. I used to work for a federal court clerk and learned that no one is taken seriously or given respect if they don't look like they belong there.

I will be sure to ask the clerk about the things you mentioned and will follow up tomorrow on how everything goes.

Thank you.

 

[seniorjudge]

Thank you for the quick reply and advice.

I believe the statute number is 27-51-201. That is the number under the box that is labeled 15-20. Which is the range my speed was in excess of the limit. There is another section for statute number that is blank.

I will be sure to dress accordingly. I used to work for a federal court clerk and learned that no one is taken seriously or given respect if they don't look like they belong there.

I will be sure to ask the clerk about the things you mentioned and will follow up tomorrow on how everything goes.

Thank you.

http://www.nhtsa.dot.gov/people/injury/enforce/speedlaws501/toc/arspeed.pdf

That is the general "reasonable and prudent" statute; meaning the cop thought you were going too fast for the conditions. (This is a really brief and simple explanation of that law....)

 

[racer72]

The same statute also places the speed limit, when not indicated, at 30 mph. It don't look good.


27-51-201. Limitations generally.

(c) On all facilities other than controlled-access highways, except when a special hazard exists that requires lower speed for compliance with subsection (a) of this section, the limits specified in this section or established as authorized shall be maximum lawful speeds, and no person shall drive a vehicle on a highway at a speed in excess of the following limits:

(1) Thirty (30) miles per hour in any urban district;

 

[notahoser]

It also says 30mph for urban areas. Correct?

Statutory Speed Limit:
Controlled-Access Highways-The maximum speed is determined via engineering and traffic studies.1 '27-51-201(b)(1)
30 MPH2 in urban districts '27-51-201(c)(1)
50 MPH2 for trucks with a capacity ≥12 tons in other locations (except controlled access highways) '27-51-201(c)(2)
60 MPH2 for other vehicles in other locations (except controlled access highways) '27-51-201(c)(3)

But in any case I see what you mean by the basic rule, 'traveling too fast for the conditions'.

Is my best bet to ask the clerk for help as in traffic school, or ?deffered prosecution? I'm not sure if that is what it is called, but I once got a ticket that only had to be paid, and after I went ticket free for 6 months my record was still clear.

Thanks

 

[seniorjudge]

It also says 30mph for urban areas. Correct?



But in any case I see what you mean by the basic rule, 'traveling too fast for the conditions'.

Is my best bet to ask the clerk for help as in traffic school, or ?deffered prosecution? I'm not sure if that is what it is called, but I once got a ticket that only had to be paid, and after I went ticket free for 6 months my record was still clear.

Thanks

Yes, ask for a non-moving violation or a deferred prosecution.

It will probably wind up costing you more BUT there will not be any points on your license AND your insurance rates should not be affected.

(In other words, Arkansas wants your dough more than they want points on your license.)

 

[notahoser]

I stopped by the District Court over lunch and got some information. The ticket is for $145 and there are no other tickets or points on my record. Court starts at 8:30 but I should get there at 8:00 and sit on the far right of the first row. The judge goes in order of where you are sitting. Also, I can ask for the ticket to be taken 'Under Advisement'. This is the program that keeps points off your record if you don't get a ticket for the next 6 months.
Everyone was very friendly and helpful at the courthouse.
Thanks for all the help and information I got here also.

 

[seniorjudge]

I stopped by the District Court over lunch and got some information. The ticket is for $145 and there are no other tickets or points on my record. Court starts at 8:30 but I should get there at 8:00 and sit on the far right of the first row. The judge goes in order of where you are sitting. Also, I can ask for the ticket to be taken 'Under Advisement'. This is the program that keeps points off your record if you don't get a ticket for the next 6 months.
Everyone was very friendly and helpful at the courthouse.
Thanks for all the help and information I got here also.

Remember, Arkansas needs that money to keep people from Oklahoma from sneaking over the border.

 

[RedemptionMan]

Just a suggestion -- When you are speeding and you are without a doubt speeding-- never ever let off the gas or hit the brakes when you pass a police officer coming towards you going in the opposite direction-- maintain the same speed for one of two things is going to happen -- A. he will notice you more cause you physically slowed your vehicle down B. he noticed that you were speeding but you maintained the same speed thus not giving him enough reaction time to come and get you .... either way you could get a ticket but option b you are less likely to.....

get probation and no more tickets in 6 months it comes off your record....