I got a speeding ticket for going 55 mph in a 40 mph. I was less than 10 meters from where the 55 mph begins, but my bigger issue is that the posted mph is 45 mph. I now have a map from the Department of Transporation showing that it is a 45 mph zone.
I want to know if anyone knows of any Florida case law or Florida statute that states that if the posted speed limit on ticket is wrong, the case can be dismissed.
I really want to go to court with as much on my side as possible.
2006-07-26 13:08:37 · 7 answers · asked by BritLdy 5 in Politics & Government ➔ Law & Ethics
Please only answer if you have case law or a statue..thanks!!
2006-07-26 13:15:05 · update #1
Not for nothing, but if you cannot read the WHOLE question and actually answer the question then do not answer.
Out of 7 answers thus far, 1 has actually answered the question. Hence why that person will probably get the 10 points!!!
Oh and to all the high and might answerers who are telling me I broke the law...are you trying to tell me you have never even jaywalked....always remember that as you are pointing the finger the thumb is pointing back at you!!!!
2006-07-26 14:50:42 · update #2
If the speed on the ticket is wrong there is a very good chance of having it dismissed. In addition go to the local police department where the ticket was issued and ask for the certifications for the radar/laser gun they used to clock your speed. If they can not provide the documents the ticket will be voided.
2006-07-26 13:15:12 · answer #1 · answered by harryt62 4 · 5⤊ 1⤋
Hmmm. What is the effect? Either way, you are speeding. The prosecutor will probably reduce the amount that you were speeding (possibly affecting penalty points and fine, depending on the state), but if you do not contest the speed at which you were traveling, you were still speeding.
You should check with your state, but MOST states require that you obey posted limits. Thus, for example, in a road construction area, speed limits are reduced (regardless what the DOT map says). Also, the city/county/state department of transportation has the right to change the speed limit, regardless of the published map.
In other words -- the law in MOST states is that you must obey the speed limit as posted.
2006-07-26 13:35:32 · answer #2 · answered by robert_dod 6 · 0⤊ 0⤋
well, you were speeding nonetheless...but there could've been a problem if you were going 45 mph and they gave you a ticket--I see what you mean! A 20 mph difference sounds a lot worse than a 15 mph difference. You could send a letter or call your local police department and resolve the issue. Or you could pay the ticket.
2006-07-26 13:42:33 · answer #3 · answered by keybaordz 2 · 0⤊ 0⤋
If you were going 55 mph before you reached the 55 mph sign, you were still in the 40 mph zone. Changes to the limit beyond the sign doesn't matter.
2006-07-26 14:35:22 · answer #4 · answered by STEVEN F 7 · 0⤊ 0⤋
Show that the cop is presenting a false statement in the report and question his credibility after after presenting a false court document.and that he may be mistaken in the whole situation
2006-07-26 13:39:28 · answer #5 · answered by Robert F 7 · 0⤊ 0⤋
You were still speeding. You could go to court and plead guilty and apologize. That may help. There is also traffic school you could attend.
2006-07-26 13:12:42 · answer #6 · answered by papricka w 5 · 0⤊ 0⤋
You are still speeding makes no diffrence
2006-07-26 13:14:08 · answer #7 · answered by Hawtman1092 3 · 0⤊ 0⤋