I got nabbed - Speeding Ticket

[Beaglemom3]

I agree that any criminal court proceeding is an expensive and time consuming process for the officer as well as the accused. Thankfully, most criminal proceedings are pled out or disposed of before trial.

My previous post was really addressing the issue of SBB "lying" and perhaps committing perjury. I don't think SBB gave any indication that is what he would do. I was just pointing out that if there was a trial, SBB would not have to testify if he didn't want to do so.

Isn't his testimony/statement entered onto the record ? This is how it's done in Massachusetts, but not sure of Florida.

 

[mshatty]

Isn't his testimony/statement entered onto the record ? This is how it's done in Massachusetts, but not sure of Florida.

Don't know. Here in archaic Texas, we have a judge, jury and live testimony trial on speeding tickets if the accused wants one. Darn that Constitution! :ignore:

 

[Beaglemom3]

Mike............ here's the process. We do not have trial by written declaration in Mass. and not in many other states, either.

Is it a wonder that I chose Biomedical/Pharmaceutical Law as my area of concentration ? LOL.

2) Florida

In Florida, in order to bypass a court appearance you must file an “Affidavit of Defense”. Here is an excerpt from the Florida Rules of Traffic Court:



RULE 6.340. AFFIDAVIT OF DEFENSE OR ADMISSION AND WAIVER OF APPEARANCE



(a) Appearance in Court. Any defendant charged with an infraction may, in lieu of a personal appearance at trial, file an affidavit of defense or an admission that the infraction was committed as provided in this rule.



(b) Posting of Bond. The trial court may require a bond to be posted before the court will accept an affidavit in lieu of appearance at trial. The defendant shall be given reasonable notice if required to post a bond.



(c) Attorney Representation. If a defendant is represented by an attorney in an infraction case, said attorney may represent the defendant in the absence of the defendant at a hearing or trial without the defendant being required to file an affidavit of defense. The attorney shall file a written notice of appearance. The attorney may enter any plea, proceed to trial, present evidence other than the defendant’s statements, and examine and cross examine witnesses without the defendant being required to file an affidavit of defense. Nonetheless, a defendant represented by an attorney may file an affidavit of defense. If a represented defendant files such an affidavit, the affidavit must be signed and properly notarized, subjecting the affiant to perjury prosecution for false statements.

May be more difficult to defend w/o the affidavit ? Yes/No ?

 

[Steamboat Bill]

However given the description you typed above...I think we all realize (you included) that you were infact speeding and you were in fact caught.

My attorney has advise me to take the 5th on that one....

There is a very simple way to keep your record clean, not have increased insurance rates and maintain your "safe driver" designation and that is to DON'T SPEED.

ETA Unfortunately the table image didn't come across but my point is that at 30mph it takes 75 feet to come to a complete halt. At 40mph it's 120ft and at 50mph it's 175ft. Skip Barber course or not if a young child chased a ball into the street your chances of hitting him doubled at the speed you were driving at.

Thanks for the "obvious" advice and the physics lesson, but I guarantee that I am a significantly much safer driver (speeding or not) as compared to the average drivers here in Florida...have you ever visited here?

The old people here are a real problem as their vision is poor and they refuse to give up their license even thought they are legally blind. What about teenage drivers...they are even worse. What about all the people here without valid licenses (I can't mention any stereotypical subgroup here or I will be accused of racism) that break the law just by driving (even if they stay under the speed limit).

A good friend of mine was killed by a drunk driver last year and that driver was not speeding and coming home from a party and not injured....(I have never posted that before) so I fail to see any correlation to my driving at a "safe rate and NOT impaired" vs some speed limit number on a sign located in an obscure area. The street was a side street near office buildings...no school nearby.

Isn't his testimony/statement entered onto the record ? This is how it's done in Massachusetts, but not sure of Florida.

No need to testify in Florida....just hire a good attorney and keep speeding...oops, I mean safe driving.

 

[mshatty]

Mike............ here's the process. We do not have trial by written declaration in Mass.
2) Florida

In Florida, in order to bypass a court appearance you must file an “Affidavit of Defense”. Here is an excerpt from the Florida Rules of Traffic Court:



RULE 6.340. AFFIDAVIT OF DEFENSE OR ADMISSION AND WAIVER OF APPEARANCE



(a) Appearance in Court. Any defendant charged with an infraction may, in lieu of a personal appearance at trial, file an affidavit of defense or an admission that the infraction was committed as provided in this rule.



(b) Posting of Bond. The trial court may require a bond to be posted before the court will accept an affidavit in lieu of appearance at trial. The defendant shall be given reasonable notice if required to post a bond.



(c) Attorney Representation. If a defendant is represented by an attorney in an infraction case, said attorney may represent the defendant in the absence of the defendant at a hearing or trial without the defendant being required to file an affidavit of defense. The attorney shall file a written notice of appearance. The attorney may enter any plea, proceed to trial, present evidence other than the defendant’s statements, and examine and cross examine witnesses without the defendant being required to file an affidavit of defense. Nonetheless, a defendant represented by an attorney may file an affidavit of defense. If a represented defendant files such an affidavit, the affidavit must be signed and properly notarized, subjecting the affiant to perjury prosecution for false statements.

Don't know that I would want a trial without being there??!! Just to be clear, never ever ever ever submit an affidavit that is not true!

 

[UWSurfer]

I must admit I have very mixed feelings about all that's been discussed.

Here in SoCal, the rules are such that the officer is to be in plain view when doing speed enforcement, usually utilizing radar or laser. In most cases I notice now a motorcycle officer sitting in the open on the side of the road or in the shade of a tree working his radar or laser gun. So long as they aren't hiding behind an object I think it's fair.

When we lived in Pasadena, CA 20 years ago, the city married radar units with cameras and took pictures of speeders from the back of a fairly non-descript mini-van. While in the open, the police usually parked it around curves & or near the end of the day where the sun facing drivers would obscure the driver from seeing it. At the time I thought it was great...then the tickets would come in from my wife's driving and I was less than thrilled. She did traffic school for the first one which prevented the issuance of points. Then she got a second one. Fortunately for her, before she had to go to court on ticket #2, someone successfully challenged the issuance of the ticket because the unit was not properly marked for traffic enforcment. The city had to drop the outstanding tickets that had been issued (including my wife's #2) and repainted the unit black and white. After several more years of operation, I belive they discontinued that form of enforcement.

Now the city I live in has several red light camera stationed at highly traveled intersections. As a result the number of accidents have dropped dramatically at these intersections and those of us who know where they are approach these interections with additional caution so as not unintentionally trigger the camera. In some cases if we even think the light is about to change we'll prepare to stop.

With gas prices as high as they are, the most common advice I hear over and over again is to obey the speed limit. I've slowed down accordingly and notice folks passing me all over the place here. If you drive the freeways here when traffic isn't stopped, it's very common for folks to drive 70, 80 & 90 mph on the freeways. I don't notice this high rate of speeding when I travel to other states, largely due to stricter enforcement.

Everyone charged with a crime & offense is entitled to mount a defense should they choose and I respect Bill's right to do so. I'm generally in favor of enforcement, but find my perspective changes when I have to cough up money when I or immediate family get caught.

 

[Steamboat Bill]

Everyone charged with a crime & offense is entitled to mount a defense should they choose and I respect Bill's right to do so.

Thanks.

Here are some more details.

I have traveled down the road where I was nabbed hundreds of times (perhaps a thousand) and I have NEVER seen a police officer in that area writing tickets.

Here are the ticket prices (mph over the speed limit):
6-8 mph = $88.50
10-14 mph = $163.50
15-19 mph = $188.50....that's the one I got!
20-29 mph = $213.50
over 30 mph = $313.50

The officer could have cut me a break and written 14 mph instead of 15. But then again, I "may" have been traveling faster than 15mph...who can trust speedometers these days???

Funny thing is the Ticket Clinic only costs $89.50 and I paid their fee on my corporate credit card (getting frequent flyer miles) as I was traveling on "official corporate business". Thus, my real cost is probably only $53.70 (assume 40% taxes).

Thus, challenging this ticket only costs me $53.70 (vs paying $188.50) and I get 89 frequent flyer miles bonus, no points on my license, and keep my safe driver title.

Great system we have, eh?

 

[bobcat]

Thanks.

Here are some more details.

I have traveled down the road where I was nabbed hundreds of times (perhaps a thousand) and I have NEVER seen a police officer in that area writing tickets.

Here are the ticket prices (mph over the speed limit):
6-8 mph = $88.50
10-14 mph = $163.50
15-19 mph = $188.50....that's the one I got!
20-29 mph = $213.50
over 30 mph = $313.50

The officer could have cut me a break and written 14 mph instead of 15. But then again, I "may" have been traveling faster than 15mph...who can trust speedometers these days???

Funny thing is the Ticket Clinic only costs $89.50 and I paid their fee on my corporate credit card (getting frequent flyer miles) as I was traveling on "official corporate business". Thus, my real cost is probably only $53.70 (assume 40% taxes).

Thus, challenging this ticket only costs me $53.70 (vs paying $188.50) and I get 89 frequent flyer miles bonus, no points on my license, and keep my safe driver title.

Great system we have, eh?

Bill, I think you should have not posted this ticket. You opened a can of worms. Some things are better kepted to ourselves. I mean nothing bad by this post. Bobcat

 

[wackymother]

I agree with Bobcat.

I live on a street with a posted limit of 25 mph. Many drivers "think" that it should be more like 40 mph. Well, it's not, because there are a lot of pedestrians, children, older people, and pets on this street, and a higher limit would be dangerous.

When you say that you were going 50 percent over the posted limit of 30 mph, but that's okay, because the limit SHOULD BE 45--guess what? You, a guy driving there once a week or once a day or once ever, think the limit should be 45. The people who live on that street probably think differently.

Why are you even posting about your speeding ticket, the speeding ticket that you are going to have your lawyer fight as a corporate expense? Why? Because you want to start an argument.

Is everyone familiar with the expression "don't feed the troll"? Bill enjoys conflict. Stop posting to his threads.

 

[Steamboat Bill]

Bill, I think you should have not posted this ticket. You opened a can of worms. Some things are better kepted to ourselves. I mean nothing bad by this post. Bobcat

no offense taken.

I really love bbs forums and it gives a true slice of a variety of cultures. I enjoy learning things like trading a cheap TS for a fantastic one (even though I can easily pay to rent the more expensive one). I enjoy learning on how to travel first class for cheap. I enjoy finding an obscure website, book, or movie.

Some people like fishing, some people like poker, some people like reading books, some people like watching tv, and some people like interacting with complete strangers on the Internet.

When I post these "personal" events like this ticket, the window cleaning incident, my property tax bill, getting naked in Maui, or my frustration of several of my friends buying Bentleys, they are 100% true and represent reality to me. I am NOT embarrassed by these things. Hopefully some of you will find enjoyment in reading these things or even learn something new yourself...heck, just this thread can save a TUGer a ton of money.

In fact, when I was in Maui last week (in a $2.6m home), I decided to throw a party and invite any STRANGER from TUG to visit. I had a few people stop by for steaks and drinks and we all had a blast. In fact, it was a MUCH more enjoyable evening that if my wife and I were alone with our two kids. I even bumped into one of my party guests in the airport and HELPED him get $3,500 in FREE airline credit and a free stay at the Grand Wailea hotel for the night.

Is everyone familiar with the expression "don't feed the troll"? Bill enjoys conflict. Stop posting to his threads.

Wow...now I know why your screen name is "wacky"......if you feel this way, why did you post here?

-------------------------------------

Now back to the original post and how I am going to beat this ticket!!!

.

 

[BILL_B]

And to top it all off the police officer was earning way less than the window washer

 

[lawren2]

And to top it all off the police officer was earning way less than the window washer

Perfect! :rofl: :hysterical:

 

[barndweller]

And to top it all off the police officer was earning way less than the window washer

Great response! You said what we all were thinking!:rofl:

 

[Beaglemom3]

I am going to monitor the outcome of this case on the Florida courts' website.



The search for truth implies a duty. One must not conceal any part of what one has recognized to be true. --Albert Einstein

 

[Beaglemom3]

In reviewing the posts, I am confused with these two conflicting ones:

"I received my first speeding ticket yesterday in probably 10 years."

v.

"a black mark on my perfect driving record, and the loss of my "safe driver" designation."



Just because it's 100% legal it doesn't mean you aren't abusing the system.

 

[AwayWeGo]

I Hate When That Happens.

I used to be an excellent driver.

Now I am a so-so driver.

I try to pay attention to the speed limits & traffic signs & follow the rules.

Even so, I goof up now & then. Nobody's perfect.

As of today my car is up on blocks with a bad transmission.

Won't get any speeding tickets that way.

So it goes.

-- Alan Cole, McLean (Fairfax County), Virginia, USA.​

 

[barndweller]

So you post to give us the benefit of your wisdom or to spark interesting debate? Then why do you feel a constant NEED to make references in your "personal" posts such as:

In fact, when I was in Maui last week (in a $2.6m home),

and

I pay HUGE taxes and this is chump change as compared to what I pay Uncle Sam.

and many more examples in all your other posts.

What possible help or interest is it to anyone else how much money you have (or wish you had, whichever the case may be?) You could be illegal immigrant washing windows for cash under the table for all I know. Why do you keep making references to your supposed wealth?


Maybe if you left those out of your posts more folks would believe what you say. I, for one, have major doubts how much of what you say can be believed.JMHO

 

[Charlie D.]

Congratulations on your ability to throw big parties. Congratulations that your corporation is in the 40% tax bracket. I’ve seen several of your posts and generally enjoy them. I think this trying to “beat the ticket” thread is probably a little more boasting. I look forward to more of it in the future.

Charlie D.

 

[Beaglemom3]

"Huge taxes............."

Good point. You know, I, too (and many others) pay HUGE taxes but it does not give us (or anyone else) the right to squander the taxpayer's money on foolishess, pure foolishness.

Mounting a defense if you're innocent is one thing..... this ain't it.

You got caught, you've alluded to it. Own it.

 

[ArtsieAng]

Steamboat Bill

No need to testify in Florida....just hire a good attorney and keep speeding...oops, I mean safe driving.

Speeding is no joking matter, in Florida, or any where else. Being flippant about it is even worse. Bragging about (sounds like bragging to me) how you're going to get your attorney to get you off, so that you can go and do it again, is just juvenile.

 

[BocaBum99]

no offense taken.

I really love bbs forums and it gives a true slice of a variety of cultures. I enjoy learning things like trading a cheap TS for a fantastic one (even though I can easily pay to rent the more expensive one). I enjoy learning on how to travel first class for cheap. I enjoy finding an obscure website, book, or movie.

Some people like fishing, some people like poker, some people like reading books, some people like watching tv, and some people like interacting with complete strangers on the Internet.

When I post these "personal" events like this ticket, the window cleaning incident, my property tax bill, getting naked in Maui, or my frustration of several of my friends buying Bentleys, they are 100% true and represent reality to me. I am NOT embarrassed by these things. Hopefully some of you will find enjoyment in reading these things or even learn something new yourself...heck, just this thread can save a TUGer a ton of money.

In fact, when I was in Maui last week (in a $2.6m home), I decided to throw a party and invite any STRANGER from TUG to visit. I had a few people stop by for steaks and drinks and we all had a blast. In fact, it was a MUCH more enjoyable evening that if my wife and I were alone with our two kids. I even bumped into one of my party guests in the airport and HELPED him get $3,500 in FREE airline credit and a free stay at the Grand Wailea hotel for the night.



Wow...now I know why your screen name is "wacky"......if you feel this way, why did you post here?

-------------------------------------

Now back to the original post and how I am going to beat this ticket!!!

.

I am really hoping this entire thread is just a really bad joke. You can't possibly be serious.

 

[laura1957]

I am really hoping this entire thread is just a really bad joke. You can't possibly be serious.

Unfortunately - I think he is!!

 

[3kids4me]

I am really hoping this entire thread is just a really bad joke. You can't possibly be serious.

Based on my recollection of when Bill was banned from Disboards, I imagine that most of what he posts is not true. Everyone is entitled to post whatever they want if it is within BBS rules, but frankly, I would prefer that if someone posts stories, that they be enjoyable to read instead of egocentric/racially charged/gender biased/ethically questionable or anything else that is likely to cause upset rather than entertainment.

 

[rschallig]

California experience

The simplest way to "fight" a ticket may be to just show and be prepared to plead "guilty with an explanation". If the officer who wrote the ticket or the officer that used the laser gun doesn't show, the judge will probably dismiss before you are called to plead. It is not that unusual for officers not to show. If the officers do show, you can make your explanation to the judge and hope for the best. Judges tend to listen more closely if your driving record is excellent and you presented yourself in a courteous and calm manner. If you are found guilty and have a good driver record, the judge has the authority to reduce the fine and allow for “traffic school” attendance to preserve your driving record status and avoid increased auto insurance rates. Don’t go crazy with creative excuses. It tends to tick the court off.
Bob

 

[Kona Lovers]

Regarding stoplight cameras: they put a bunch in here to cut down on red light runners, and the result has been a marked increase of rear-end collisions because of fear of being photographed.

Marty