Wrong speed limit on ticket

[c4d3d2]

What is the name of your state (only U.S. law)? Florida

I was pulled over for going 63 in a 45 zone but the cop wrote 40 mph on the ticket, which puts me in a different fine bracket.

I have a court date but was wondering what's the best way to fight this in court and is there any chance of the ticket being dismissed entirely? Should I get photo proof of the speed limit signs both before and after the exact spot I was radar'd?

[HighwayMan]

Proving that the photographs show where you were driving and where you were stopped will be difficult.

I doubt the charge will be dismissed - more likely it would just be amended to reflect the different limit. The actual charge is accurate, it's just that the degree of the violation is off.

[I_Got_Banned]

Originally Posted by HighwayMan

Proving that the photographs show where you were driving and where you were stopped will be difficult.

True... Instead of pictures, I would opt for a "traffic and engineering report/survey" for the segment of the roadway where you were cited. You should contact either engineering department for the city where you were cited or maybe even the Florida Department of Transportation (depending on who has jurisdiction) for information on how/where to get one.

[c4d3d2]

Didn't think I'd get away with them dropping it but figured i'd ask.

As for the engineering survey, would this be something that would need to be requested and the results collected prior to my court date? Any idea how long something like that would take?

What about video evidence? Map or GPS data of speed limit signs in reference to the location the ticket said I was pulled over at. I just need a good way to prove the speed limit is not what the cop wrote. I'd rather not rely on engineering departments or other agencies likely to drag their feet if it's something I can do myself with a bit of creativity.

Thanks!

[I_Got_Banned]

Originally Posted by c4d3d2

Didn't think I'd get away with them dropping it but figured i'd ask.

And the only person who can definitively answer that question for you is the judge. Worst that can happen is that he/she will say no. Give it a shot and see...

Originally Posted by c4d3d2

As for the engineering survey, would this be something that would need to be requested and the results collected prior to my court date? Any idea how long something like that would take?

Traffic and engineering survey ("reports" is probably a more fitting term) are utilized frequently in the setting and posting of speed limits... So its not a study that is conducted upon request. It is a report that should be available to you either via a discovery request, a Freedom of Information Act request, or simply by visiting the agency that issues such reports on a regular basis. In my state, most courts keep those survey on file as they are frequently used by the prosecution in establishing speed limits for many traffic citations that are adjudicated.

Originally Posted by c4d3d2

What about video evidence? Map or GPS data of speed limit signs in reference to the location the ticket said I was pulled over at. I just need a good way to prove the speed limit is not what the cop wrote. I'd rather not rely on engineering departments or other agencies likely to drag their feet if it's something I can do myself with a bit of creativity.

GPS information, video recordings, picture... etc usually lack the "foundational elements" required for them to be accepted into evidence simply because it can be difficult for the court to confirm the validity, accuracy and worthiness of the information contained therein. So while they can be accepted by some courts, such acceptance will prove to be limited in scope in comparison to a report that is issued by the agency that determined what the speed limit should be on that segment of the roadway.