The apartment building that my boyfriend used to live in was located across the street from an elementary school, and his street came out right in between the school zone signs. He was leaving for work one morning, and it was school zone time, but he didn't know that. A cop pulled him over and gave him a reckless speeding ticket, going 45 in a 25. He didn't know the sign was on otherwise he would've obeyed it. How could he have known? Is there something he could have done to beat this in the courtroom?
2006-10-24 12:13:33 · 19 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
He had to of passed those signs at one time or another to pull into the driveway, not tomention he should of known he was by a school
2006-10-24 14:08:30 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Take photos and take to court as evidence that shows signs and location in perspective to apartment exit etc and good luck. They may or may not agree as the law states that ignorance is no reason for dismissal and one should be aware of the area and surroundings and drive accordingly. this is also in effect for the ones who speed at the start of rain when the oils are just getting onto the roadways at first drizzle--drive accordingly. The charges may be dropped with a warning or just reduced to a lower fine and set out to put a sign at the exit at the apartment building too.
2006-10-24 19:20:29 · answer #2 · answered by colinhughes333 3 · 0⤊ 1⤋
No. Living across the street should have given him many opportunities to know what times it comes on and goes off. Also they will argue that it is in the driving manual and if he has a license..he should have at one time or another come across this info in the book. He won't win. They take the school zone thing very seriously.
2006-10-24 19:18:00 · answer #3 · answered by Anonymous · 0⤊ 1⤋
Come on...He lived there and didn't know? I know he had to drive by the signs to get back home everyday. This will not hold up in court. Please, not trying to make up upset but don't let him use this exuse in front of a judge. He will laugh at him. What he needs to do is tell the Judge he wants to use Prayer for Judgement. Which basically means. Im sorry, It wont happen again and then the judge will throw it out of court. BUT. You can only use it one time and if he gets in trouble again for the same thing they can pin both convictions on him.
2006-10-24 19:18:36 · answer #4 · answered by Anonymous · 0⤊ 1⤋
This is going to be hard to fight. School zones hours are the same no matter where you are and if you live there they would think you would already know this. Also most school are in zones that are no higher than 35mph and if he was going 45mph than he would have still been speeding even if it was not school zone time. If he admits that he did it they may lower the charge, but I don't think you can really fight this.
2006-10-24 19:17:16 · answer #5 · answered by missanglgrl 3 · 0⤊ 1⤋
Sorry, Wanda, but in most Courts, ignorance is no excuse.
I would advise him to take it to court and plead his case and he may get a reduced fine or a "no points" conviction that usually carries a heavier cash fine, but I doubt very much it will be dissmissed. Our system is the best, especially for this type of case.
Oh, and having a lawyer with him will help immensely in the eyes of the Judge or Magistrate.
2006-10-24 19:22:05 · answer #6 · answered by Len_NJ 3 · 0⤊ 1⤋
nope because he knew there was a school across the street he should assume speed is 15 unless it is Sat or Sun. There are yellow flashing lights on the both sides of the flashers.
2006-10-24 19:22:19 · answer #7 · answered by daisygirl 3 · 0⤊ 1⤋
nope, since he lived in that area, he should know better than others that there is a school and school zone, since he would travel that streeet all the time.
Judges take school zones very very serious, and wil not let anyone off for them
2006-10-24 22:38:49 · answer #8 · answered by Anonymous · 0⤊ 0⤋
The best thing he can do is pay the blackmail fee with the envelope they gave him with the ticket agree to the stupid court supervision and slow down!!!!!
2006-10-24 19:45:08 · answer #9 · answered by tigerlilliebuick 3 · 0⤊ 0⤋
He should have gone to court and explained it to the judge. It sounds like he had a reasonable excuse.
2006-10-24 21:17:49 · answer #10 · answered by Thankyou4givengmeaheadache 5 · 0⤊ 0⤋