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Pulled over and cited for 65mph in 45mph, but the stop location is incorrect.

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Ohcaden

New member
What is the name of your state? Oklahoma

I was pulled over last night by a cop who was originally passing beside me, when he noticed my headlight was out he put on the breaks and pulled me over next to 'X' road (which I have written down).
He came to my window and was originally very friendly, asking if I knew I had a headlight out.. to which I explained I have a wire that is easily corrected that will turn it back on. All was fine until he asked for my ID. See, I have been transitioning over the last 7 months FtM, so when he stopped me he referred to me as sir, due to the fact that I am well passing and my voice is deep. After seeing my ID, which still has my gender marker as female, he suddenly became very hostile. He demanded the ID of everyone else in the car, and hassled my sisters boyfriend who didn't have his on him. Then, suddenly the reason he was pulling me over was because I was "Going 65 in a 45"
I had passed the speed limit signs going from 45 -> 55 -> 65 about a mile back. So I, of course, said "I didn't know it was still 45?". He cut me off and said he would be right back. When he returned he had cited me for 65mph in a 45mph, and he had put that the location he pulled me over was at a rest stop about 5 miles back from road 'X' where he ACTUALLY stopped me. After the stop, less than a mile up was a sign that said "Speed reduced to 55mph", further proof that I was well within a 65mph speed zone. I hate to have this ruin my squeaky clean driving record when I was not in violation of the speed zone! I've never been pulled over before!
How do I contest this when the location is wrong? Because that rest stop WAS in a 45mph speed zone, but I couldn't have possibly sped past it because I had to nearly stop to allow the people in front of me to turn into it.
 


HighwayMan

Super Secret Senior Member
The location of the stop is irrelevant. The place of occurrence of the violation is what counts.
 

Ohcaden

New member
The location of the stop is irrelevant. The place of occurrence of the violation is what counts.
He had pulled off a road well after I had passed the rest stop, and he was passing me before noticing my headlight was out. He had to put his breaks on just to pull me over. So how could the place of occurrence have been the rest stop 5 miles back, even?
The whole situation was just faulty from the moment he took my ID.
 

Ohcaden

New member
Maybe the headlight was the last straw, so to speak...
The headlight was the original reason he gave for stopping me. He didn't say anything about speed until after he took my ID.
I wasnt going 65 until after I had passed the signage that went from 55 to 65. And the road he pulled onto when he started to pass me was 65 anyway.
 

adjusterjack

Senior Member
You can plead not guilty and tell all this to the judge. Make sure all your passengers come to court with you to testify.
 

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