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02-19-2007, 11:50 PM
| | Junior Member | | Join Date: Feb 2007
Posts: 7
| |  summons for viol. fl 316.074(1) traffic control device instead of unlawful speed..
What is the name of your state? Florida
Hello all - Great forum! just found it - my first ticket in 20 years or so tonight.
I'm on my way home about a quarter mile from my house with a bag full of Chinese food for the kids and... the dreaded flashing lights behind me.. oh boy what did I do officer?
just the facts ma'am..you were doing 43 in a 30 mph zone. but..but..occiffer- you know the drill. He says go to traffic school blah..blah.blah.
On my citation it reads - "Radar #64" "speed sign 43 in 30"
in violation of state statute 316.074(1) and there's a check in a box that says - "violation of traffic control device"
I look up the statute and it's for failure to stop at a red light or stop sign. What goes here?
Is this SOP these days? Can I fight this with every fiber of my being? Do I have a chance in hell?
TIA |
02-20-2007, 08:56 AM
| | Member | | Join Date: Jul 2006 Location: MD, WV - formerly WA, UT, AL, MS and OR
Posts: 563
| | | 30 mph speed zones are usually marginal - they have to be posted according to the 85% speed of traffic to be valid. Fl is also notorious for speed traps...
Section 2B.13 Speed Limit Sign (R2-1)
Standard:
After an engineering study has been made inaccordance with established traffic engineering practices, the Speed Limit (R2-1) sign (see Figure 2B-1) shall display the limit established by law, ordinance, regulation, or as adopted by the authorized agency. The speed limits shown shall be in multiples of 10 km/h or 5 mph.
Guidance:
At least once every 5 years, States and local agencies should reevaluate non-statutory speed limits on segments of their roadways that have undergone a significant change in roadway characteristics or surrounding land use since the last review.
No more than three speed limits should be displayed on any one Speed Limit sign or assembly.
When a speed limit is to be posted, it should be within 10 km/h or 5 mph of the 85th-percentile speed of free-flowing traffic.
Here is a link to the authority on setting the speed limit and posting it.
[url]http://mutcd.fhwa.dot.gov/HTM/2003/part2/part2b1.htm#section2B13[/url]
Here is a primer for speed measurement requirements in Florida...
[url]http://www.beatmyspeedingticket.com/pinellas/[/url]
You have several defense option as well as traffic court or trying for defferal to save the $2000 insurance hike...
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“[w]hen a statute is clear and unambiguous and the legislative intent is plain, the statute should not be interpreted by the courts, and in such case it is the duty of the courts not to construe but to apply the statute.”
"The right to travel is a part of the liberty of which the citizen cannot be deprived without due process of law under the 5th Amendment." Kent v. Dulles, 357 US 116, 125.
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02-20-2007, 07:27 PM
| | Junior Member | | Join Date: Feb 2007
Posts: 7
| | Quote:
Originally Posted by cepe10  30 mph speed zones are usually marginal - they have to be posted according to the 85% speed of traffic to be valid. Fl is also notorious for speed traps...
Section 2B.13 Speed Limit Sign (R2-1)
Standard:
After an engineering study has been made inaccordance with established traffic engineering practices, the Speed Limit (R2-1) sign (see Figure 2B-1) shall display the limit established by law, ordinance, regulation, or as adopted by the authorized agency. The speed limits shown shall be in multiples of 10 km/h or 5 mph.
Guidance:
At least once every 5 years, States and local agencies should reevaluate non-statutory speed limits on segments of their roadways that have undergone a significant change in roadway characteristics or surrounding land use since the last review.
No more than three speed limits should be displayed on any one Speed Limit sign or assembly.
When a speed limit is to be posted, it should be within 10 km/h or 5 mph of the 85th-percentile speed of free-flowing traffic.
Here is a link to the authority on setting the speed limit and posting it.
[url]http://mutcd.fhwa.dot.gov/HTM/2003/part2/part2b1.htm#section2B13[/url]
Here is a primer for speed measurement requirements in Florida...
[url]http://www.beatmyspeedingticket.com/pinellas/[/url]
You have several defense option as well as traffic court or trying for defferal to save the $2000 insurance hike... | Now that is some excellent information right there - Much appreciated!
Curt581: I appreciate your response but you are incorrect. The officer did not give me a break - The cited violation has a 4 point penalty. Speeding up to 15 mph over limit would have a 3 Point penalty.
Anyone else care to give me advice on winning a court challenge here?
Should this absolutely be handled by a competent traffic attorney?  |
02-20-2007, 07:44 PM
| | Senior Member | | Join Date: Jan 2001 Location: Washington state
Posts: 10,652
| | Quote:
Originally Posted by zira Should this absolutely be handled by a competent traffic attorney? | You gave yourself the better advice than you will receive here.
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02-20-2007, 08:18 PM
| | Member | | Join Date: Feb 2007
Posts: 456
| | Quote:
Originally Posted by zira [b]Now that is some excellent information right there - Much appreciated! | Actually that is bad information, and the rumblings of a legal moron. Quote:
Originally Posted by zira Curt581: I appreciate your response but you are incorrect. The officer did not give me a break - The cited violation has a 4 point penalty. Speeding up to 15 mph over limit would have a 3 Point penalty. | Oh well. Curt is very smart. The cop didn't give you a break, but Curt is right, you did violate the failure to obey traffic control device. You must of pissed the cop off if he gave you a violation with more points..... Quote:
Originally Posted by zira Anyone else care to give me advice on winning a court challenge here? | You won't without a lawyer. Go to traffic school not trial. It will save you time and money. Quote:
Originally Posted by zira Should this absolutely be handled by a competent traffic attorney? | If your planning on fighting it in a trial, which will cost you much more money then paying the fine, you should absolutely hire a lawyer.
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''It's as simple as this. You don't get on the stand and say, 'I'm sorry for not doing the right thing.' You testify, 'I did the right thing!' That's how you win lawsuits. You're right! Even when you're wrong.''-Denny Crane
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02-20-2007, 11:19 PM
| | Junior Member | | Join Date: Feb 2007
Posts: 7
| | Alan thanks for your opinions - I appreciate it | |
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