At approx a little after midnight on Sept 17th I was pulled over for driving 57 miles an hour in a 35 mile an hour construction zone. The police officer claimed he caught me on a gun as I was merging with other cars from 2 lanes. However, I tried to explain that 1. I sped up to safely merge by getting ahead of another car. 2. In addition it was a Nassua county police officer who pulled me over. The place he pulled me over was just past the "suffolk" county sign on the highway. So I believe I was in Suffolk county.
I have a very good driving record. This is my first offense. I have a court date for this in 5 weeks. I am going to plea not guilty. Do I have a case? What are my options to minimize the negative impact of this incident on my driving record and my insurance? Thanks for your advise in advance.
2007-09-20 03:54:10 · 11 answers · asked by Greg J 1 in Politics & Government ➔ Law Enforcement & Police
You have two problems. Speeding (excessive), and in a construction zone. Get to court early, and see what your options are. You're not going to beat it.
2007-09-20 04:09:32 · answer #1 · answered by CGIV76 7 · 0⤊ 0⤋
You do not have a case. This is why:
#1. The "reason" why you sped up is irrelavent and NO EXCUSE for breaking the speed limit law. You should have slowed down to safety merge not speed up. I get that excuse ALL The time. That question is also on your driving exam tests. So you will lose on that one.
#2. Where the officer pulled you over does not matter. He could have pulled you over in ANOTHER STATE. So long as the offense, speeding, took place in his jurisdiction he can pull you over anywhere for that offense that took place in his city.
So you really don't have a case. Best you can do is plead no contest, and ask for points not to hit your record and to take a safety course.
2007-09-20 04:53:20 · answer #2 · answered by FL_FunGuy 2 · 0⤊ 0⤋
Point 1: You should have slowed to merge behind the other car, not sped up to get ahead of it.
Point 2: It is where the offense occured, not where you finally got stopped that determines jurisdiction.
Point 3: Were you speeding to get ahead of the other car? If so, you are guilty. Talk with DA and try to make plea to lesser offense, to help your driving record. Cost more but may be worth the effort.
2007-09-20 04:22:17 · answer #3 · answered by stephen p 4 · 0⤊ 0⤋
You can not legally break the law to merge. Especially by 22 miles per hour.
Three things about your other point. If he observed the violation in Nassua county, he can still stop you in most states. It is not like the movies where if you cross county lines you are free to go. It is called fresh pursuit.
The sign might be off. Signs aren't placed right on the border, they can be off by some distance in many cases.
Another thing, in some states, county officers can stop you in other counties, even if they don't observe the violation in their own county.
2007-09-20 04:03:03 · answer #4 · answered by Kenneth C 6 · 0⤊ 0⤋
You have already been lucky in this. With that much over the posted limit, you could have been arrested. Be prepared for a HUGE fine. Most States double the fine for construction areas if workers are present. Even if no workers, 22 MPH over the limit can be charged as reckless operation. Going to court will only up the money it costs by adding court costs.
2007-09-20 05:49:00 · answer #5 · answered by sensible_man 7 · 0⤊ 0⤋
1. You were speeding in a construction zone, no other excuses apply.
2. Where he stops you doesn't matter. Where he observed you commit the violation was in his jurisdiction and he can affect the stop at his leisure when he thinks it is safest.
Pay it now or pay more for the court fees when you are found guilty. Your choice
2007-09-20 04:36:23 · answer #6 · answered by Charlie Fingers 4 · 0⤊ 0⤋
Sounds like you have a lead foot and it is going to cost you. Yes, he can pursue and pull you over outside the city limits. Fight it in court if you like at your own risk of having additional fees added. Next time SLOW DOWN, not speed up and merge. And stop being in such a damn hurry!!
2007-09-20 04:34:10 · answer #7 · answered by 000 2 · 0⤊ 0⤋
damaging. each time going two times the value shrink, there's no excuse legally. Even having a bbay gets you a hefty positive, to boot as a attainable suspended license and reformatory time. i may be shocked, with it being a contruction zone, in case you will also have a license after this, and may even serve reformatory time. there's no reason to be going triple digits right here interior the Northwest. it particularly is basically stupid.
2016-10-05 01:40:23 · answer #8 · answered by ? 4 · 0⤊ 0⤋
One Answer your guilty, you just admitted to driving 22 over the speed limit. Remember Hun, Construction zones are hard hit now, because people like you are speeding and hitting the workers! Pay the fine and don't contest it.
2007-09-20 04:46:19 · answer #9 · answered by chris b 2 · 0⤊ 0⤋
do your self a favor and just pay the fine. your lucky you werent arrested for it,you were going 22 miles over the safe limit where i live your arrested at 15 miles over. pay the fine. you did the crime now do the time. you cant win. and as far as the county. you were in his county at the time of the offense so that wont fly either
2007-09-20 03:59:56 · answer #10 · answered by kleighs mommy 7 · 0⤊ 1⤋