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Ticketed for speeding in SC after I pulled over on my own?

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04STI

Junior Member
What is the name of your state? South Carolina.

I was traveling westbound on a 2 lane single direction highway separated from the other direction by about 100 feet and trees. The leftmost lane has no paved shoulder and drops into a ditch after about 8 feet. The rightmost lane on the other hand has a 5 foot shoulder and 15 more feet of level grass before the guardrail and a steep drop off.

It was about 7:30 PM and it had been dark for about 15 minutes. There are no lights on the highway. Traffic was relatively heavy, not rush hour or enough to slow it down, but there was a good number of cars on the road.

I drive a Black Subaru WRX STi (a very aggressive looking sports car with a hood scoop and a wing that gets attention, some of which I like and some i obviously don't)

I was in the left lane traveling at about 85 (in a 60) in a pack of about 7 cars, some in front of me and some behind me, all at a safe distance. The right lane was full of cars doing about 80. I had been feeling fine when i got into the car and for the first 15 minutes of driving. I suddenly and urgently had to use the bathroom (#2). I looked ahead and saw a gap in the right lane where i could safely merge and then pull over. At the same time, I see headlights turn on facing my direction from the left side of the highway approximately 150 feet in front of me. I didn't know it was a police officer at the time so i continued with my plan to pull over to the right to relive myself. After pulling over into the right lane I put my hazard lights on and pulled into the grass. I put my handle on the door and popped it but did not open it when I saw a spotlight turn on behind me. The officer had pulled up behind me, without his blues flashing, and turned on his spotlight at my car. At this point I urgently needed to relieve myself and i was becoming quite ill. The officer approached the passenger side of the vehicle and asked for my license, registration and proof of insurance. I gave these to him quickly and stated that I urgently needed to relive myself. He took them and asked me if that was why I was speeding. I knew that I had to avoid answering that question and I simply stated that I "really had to go". He stood there looking at my license. I then said "I'm sorry officer but I really have to go. I am going to use the woods. OK?". He said "Whatever" and walked back to his car with my license. I grabbed some napkins and bolted out the door, over the guard rail, and about 15 feet down a slope till I saw a tree I could use.

A few minutes later I came back up the hill, feeling a lot better, but sweating now and I was thinking about what I was going to say to the officer. He walked up to me as I was approching my car and handed me a ticket. He said my court date was on the 19th of the following month, that I was being ticketed for going 90 and I should have puled over at the gas station behind me when i Had the chance (it was more than 10 miles back) and then walked back to his cruiser. I was stunned when I looked at my ticket for $385.

I got into the passenger seat and let my room-mate drive the rest of the way.

The following day i was very sick and Went to the doctors on base (I'm military). They put me on quarters for 48 hours and told me to go buy some Gatorade and go straight home. They apparently thought I was OK to drive but that I needed to keep hydrated due to the diarrhea.

I don't exactly know how to go about defending myself. I was not really even pulled over. He just kind of followed me (I saw as I pulled over that when people saw his lights go on everyone for a mile back or so hit their brakes and he just drove through the gap) and then turned his spotlight on. He did turn on his blue flashers just before he got out, probably to avoid getting hit by motorists. There was no way he could have gotten an accurate speed reading at his angle with the number of cars in front of me and the fact that the gun was about 8 feet from traffic, pointed back against its flow if he was in the drivers seat of his cruiser.

It has been about 2 weeks since then.

It's Friday night And I have to appear in court Monday morning at 9am to contest this. Its a bit short notice but I work nights and I had to wait till my days off to do any real research.

From what I read I have to plead Not Guilty in person on Monday and then wait for a trial date to be established.

Any help would be appreciated. I will have to sell my car if my insurance goes up because of this. I am 24 and have a perfect driving record and have even been to a defensive (and an offensive anti-terrorist) driving class. I found out that my record affords me an $800 discount. Even with those I still pay $1800 every 6 months for Full coverage. I just can't afford car payments AND the insurance penalty.


Ian

(FYI this car has saved my life 2 times since I bought it 6 months ago. Once when I had to stomp the gas to accelerate past some slower moving cars and jump into the slow lane to avoid getting hit by a steel truck who could not brake at the bottom of a hill in time. And once when I had to swerve suddenly to avoid hitting someone who drifted into on coming traffic. Its a very safe car and neither time did I even lose traction, where a normal car would have gone out of control or just not moved fast enough.)
 


04STI

Junior Member
That is the question.

And that there was my question.

I knew enough not to admit to the officer that I was speeding. I was following the natural flow of traffic.

I feel I was ticketed because my car looks fast and I was already pulled over so he didn't have to even work for it.
 
If you've driven more the 30 min on any divided highway in SC you know this is big business in the state. In SC it is common to have one car running radar and several chase vehicles downstream to issue the citations.

A lawyer has the best chance to minimize the damage in court. Plead not guilty, see if they offer you a deal. If not, come back with help.

Make sure you understand the thresholds for insurance impact before you go to court. (Call your insurance company).
 

justalayman

Senior Member
I feel I was ticketed because my car looks fast and I was already pulled over so he didn't have to even work for it.
you were ticketed because you were speeding. The racey looking car may have grabbed the officers attention (doubtful since you said it was dark and you were oncoming to the officer) but that would not diminish the violation.

So now, what's your defense?


I kind of like the "I was already pulled over" theory though. Maybe I'll try that when I rob a bank. I can see it now; rob a bank, walk into the police station and wait for them to arrest me and claim they cannot charge me since they didn't have to find me and they didn't have to do any work to apprehend me.

Think it will work? I have my doubts. So should you with your attempt at the same theory and the speeding ticket.
 
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04STI

Junior Member
at the moment

Well. I guess my only defense at the moment is that with that much traffic, at that time of the night, and at the distance he would have had to lock on to me, there is no way he could have gotten a proper history to prove that he was locked on to my car. And that when he saw me pull over, he decided to ticket me because I was easy prey.

On a side note. Isn't it illegal for him to be parked in a shoulder at night with his car off? Speed trap not withstanding. thats not just unsafe. Its completely nuts. I mean. I knew he turned his headlights on because he did it with me about 20 feet away from him and i passed within like 4 feet of his car.
 

04STI

Junior Member
*sigh* troll hunting.....

Curtis you entirely missed my point. It had nothing to do with my case nor was I going to even mention it further. I was just asking if its illegal for ANY vehicle (police included) to be parked (I.E. NOT on. not running. OFF) pulled off the fast lane. Facing traffic. on a not-shoulder. With its lights off. No cones. No flares. mere inches from normal traffic. And on top of that their cruisers are deep brown with black and blue markings.

What if someone had to pull over in an emergency (Like a mechanical failure and not just a *gurgle* oh......gotta....pull...over.....now).

After reading about 500 topics, I notice a bit of a "Shut your mouth you bad speeder person" attitude on here. I love how you get all high and mighty about speeding. I was being responsible, heeding the flow of traffic and signaling my intentions.

To those that won’t admit that you would have been speeding too, you are lying. And to those that really would have been speeding (for the 2%) I hope I never encounter you on the road. You are hazards to traffic and are the reason for 10 miles of dangerous slowdowns for "no apparent reason".

And no, I will not be lying. Of course not. Court is all about misdirection and walking around what you don’t want to say. That’s why lawyers exist. That is their job.

By the way. To anyone actually interested. I went back there today. Visibility at NOON from the officers position is about 500 feet till a bridge cuts off visibility. It’s been 3 weeks and the tire tracks are there, so it’s a normal spot for them (which I’ll be reporting the next time I see them their parked a foot away from traffic with no lights on in a dark vehicle).

I have photos in a series from the patrol cars point of view which was easy to line up due to its tracks still being in the grass. I have asset of photos with myself at 90 foot increments, showing approximate distance I would have traveled at ~60 mph over 6 seconds (the last is at the max range of visibility at noon). And photos of myself at 130 foot increments, showing approximate distance I would have traveled at ~90 mph.

Last, I have photos of groups of cars traveling at safe speeds from when they become visible at ~500’, ~300’ and ~100’. Even if I had been the ONLY car on the road he wouldn’t have had time to lock onto me in the time it would have taken for me to come even with his cruiser (which as you should know by now is beyond the point that his radar would be giving accurate readings due to the angle of attack). When there are other cars on the road my car wouldn’t have even been VISABLE to the trooper until it was ~200’ away.

I am going to get a few shots tonight during similar conditions.

When I made the OP last night I was worried that I was going to be unprepared. Now that I know, there is little chance of him even showing unless he was ticketing enough people that night in that spot (right at the edge of county lines at that) that he would be compelled to show. Which works out almost as much in my favor because I can trap him for writing so many tickets on the 23rd of the month. If not. I have evidence to show there is NO WAY he could have seen my speed in enough time to lock on to me specifically and get an accurate reading.

He saw me pull over and went in for the kill. Period. I was being safe and got punished for it. And I’m going to win.


Ian

“It’s the little lever, probobly on the side of your wheel. It makes the little blinky lights on one side if your car go *blinky* *blinky* *blinky*. It tells me you want to turn, or get into my lane, so I can slow down or speed up to let you in. Please use it. And please remember to stop using it when you are done. Thanks”
 
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moburkes

Senior Member
I speed, too. However, I've always just paid my ticket when I've been caught. Even when I was pregnant, in pain, was low on gas, and had to pee, and was admitted into the hospital shortly after my ticket because I was in labor, and had been in labor for days, way too soon to deliver the baby.
 

The Occultist

Senior Member
Why does he need to clock you specifically? If you were going with the flow of traffic, and he was able to lock any random vehicle part of the train you were apparently in, then by a very logical step is he not able to ascertain your speed?
 

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