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Speeding ticket in FL - 49 in a 35 no pace or radar?

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Fuddrucker

Junior Member
I left my bank the other morning on my way to work. I was doing around 40mph (35 zone) down a twisty two lane road, no vehicles were in sight in front of or behind me. As I came around a turn, I noticed a sheriff's cruiser tailgating another vehicle in the oncoming lane.

As both vehicles went past me, the cruiser did a u-turn in the middle of the road and pulled me over.

There were two deputies in the cruiser, and the passenger approached my car. He didn't say why he pulled me over, he simply asked for my license, registration, and proof of insurance. I complied, he commented that I was local, and asked why I was doing 49 in a 35 zone. I told him that I wasn't, and he repeated that I was.

He returned to the cruiser, checked all my information, and had a discussion with the driver. He came back and handed me a ticket for $158.50 and 3 points, listed as 49mph in a 35mph zone. This is my first moving violation (I have a prior paid ticket for failure to change address on DL), so it didn't occur to me to ask where he got the 49mph.

As I was pulling away, he flipped his lights back on and u-turned back in the direction he was initially travelling.

Several questions:
Is it even possible to have gotten a speed reading on me while moving in the opposite direction? I don't know for a fact that they weren't running a RADAR or LIDAR device, but since that wasn't the speed I was travelling and I don't understand how a reading could be obtained under those circumstances, I can only assume they were not.

What's the best way to find out for sure? Also, does anyone know if Florida has a law requiring them to share the officer's notes if I request them?

Also, can anyone tell me what the extra $58.50 on the ticket is for? Florida Statute 316.189(1) states that the fine for 14mph is $100. I can't find any information on whether or not Volusia County assesses additional fines.

Thanks in advance for any input or advice, I'd call the courthouse but I don't want to respond until I'm sure how I want to proceed.
 


sukharev

Member
Do discovery of the information on how they measured your speed.
1) model make and serial number of the speed measurement device
2) its calibration and test records
3) training of the operator

Learn how to use this info, and go fight the ticket. Good luck.
 

lwpat

Senior Member
You might want to consider online traffic school. It reduces the fine by 18% and keeps the ticket off your record. The extra is some type of surcharge, probably court fees.
 

Fuddrucker

Junior Member
I spoke with my insurance agent. He said that whether or not I took the points, it would go on my record.

I haven't gotten a price on traffic school, but I'm sure it's more than $25. This isn't a regular occurence for me, so I'm not expecting the points to be an issue for keeping my license. I'm also not so hot on just taking the fine and paying for traffic school for something I didn't even do.

Thanks for the replies so far though, I'll call and ask about my right of discover.
 
Several questions:
Is it even possible to have gotten a speed reading on me while moving in the opposite direction? I don't know for a fact that they weren't running a RADAR or LIDAR device, but since that wasn't the speed I was travelling and I don't understand how a reading could be obtained under those circumstances, I can only assume they were not.
Detectors are often built into the patrol car and will work for anything approaching or receding. Mine did, and were very accurate and accepted as evidence in every court case I used them in.
From my expereince, cause this is how I did it, this is how it will go in court from the prosecutor(officer)
"On (fill in the date and time} I was in uniform displaying my badge of office and driving a marked police car traveling on (direction and road name) when I observed a vehicle approaching in the opposite direction that appeared to be traveling faster than the clearly posted speed limit of 35MPH. I activated the on board radar/Lidar device which confirmed that the vehicle was traveling at 49MPH. I have been certified to operate the device (serial number), and it was last calibrated on (date). I activated my emergency equipment (lights and siren) and the vehicle came to a stop at (wherever). You know the rest because you were there.
The officer will bring to court his certification and the last calibration of the radar/Lidar unit.
Then it's your turn.
What will you say?
 
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