Got a ticket that I don't agree with
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Topic: Got a ticket that I don't agree with
Posted By: thendrix
Subject: Got a ticket that I don't agree with
Date Posted: 24 Nov 2023 at 3:58pm
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Got a citation in the mail that says I was doing 61 in a 45 school zone with pictures of the truck and the tag. Normal speed limit there is 55. The sign on the school zone sign says "45mph when flashing". I was "caught" at almost 4pm when the lights are not flashing. I'm sure they have a specified time somewhere that this is a school zone but without that specified time and without the lights flashing, I don't think they should be able to charge me with speeding in a school zone. It sounds a lot like entrapment to me. I'm sure I'll have to go ahead and pay the ticket but they're going to get an ear full anyway. It's $80 so that should buy me at least a few words. ------------- "Farming is a business that makes a Las Vegas craps table look like a regular paycheck" Ronald Reagan |
Replies:
Posted By: exSW
Date Posted: 24 Nov 2023 at 6:30pm
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Fight all tickets. Especially those mailbox photo types. Lots of info out there on how to beat those. Mostly because they're crooked as can be. At least one State legislature has outlawed them and the Municipalities keep useing them! ------------- Learning AC...slowly |
Posted By: PaulB
Date Posted: 24 Nov 2023 at 6:54pm
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Do you always drive with a dashcam recording? If you drove by the sign then no lights were flashing with a time stamp, you may have a case. Beyond that it's just your word against the machine. Maybe the machine did not reset for the end of daylight savings time or was it was before the switch. Even so 61 in a 55 IS SPEEDING and add that to a school zone even if it wasn't during a specified time a judge may not give you a break. ------------- If it was fun to pull in LOW gear, I could have a John Deere. Real pullers don't have speed limits. If you can't make it GO... make it SHINY |
Posted By: DougG
Date Posted: 24 Nov 2023 at 8:08pm
| That could be a tough one- as you were speeding;but it was a photo,, , but Insurance may think so,, the school zone lights are bullcrap- seems they are flashing every day around here- school or no school, |
Posted By: thendrix
Date Posted: 24 Nov 2023 at 9:28pm
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No dash cam in my truck. I'm sure I won't get off all together, I'm just aggravated with the way it's enforced or not enforced. It's the same school Cora goes to and I know that late in the evening there's no lights flashing. Yes 61 in a 55 is still speeding but, take away the non-existent school zone, people usually don't get stopped for 6 over. The part that really gets me going is in front of my house and the farm we have a straight about 1/2 mile long that people, including deputies, use to try out their vehicles. We've lived here 4 years and I've seen 2 people stopped when they could easily have 10 to 15 a day but they don't. ------------- "Farming is a business that makes a Las Vegas craps table look like a regular paycheck" Ronald Reagan |
Posted By: DMiller
Date Posted: 25 Nov 2023 at 6:16am
| As I noted in a recent post I went ahead and bought a Cam, records GPS, Time and speed for minutes around a event point. Have come a long way in tech where can challenge such crappy games. |
Posted By: WF owner
Date Posted: 25 Nov 2023 at 7:15am
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Without getting into the legality of it, $80 is very cheap. Our surcharge in NY state is $93 for speeding or speed in zone. Fines (in addition to surcharge) is up to $300 and a possible 15 days in jail. As of right now, we have no "camera tickets" in New York, but they are starting soon on I-84 and I-87.
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Posted By: exSW
Date Posted: 25 Nov 2023 at 8:02am
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Pretty sure you can't be arrested by a machine. There has to be an LEO present. So get a court date and said LEO has to appear. If it's bogus they usually don't. You don't win in traffic court by defending yourself. You win by attacking the strength of the case against you. Don't even bring up your speed. Don't be afraid to tske it yo Municipal court in front of a real Judge(as apposed to a magistrate). I once had a Municipal Court Judge ask a LEO in open court "What the hell did you drag him in here for?". For some ticky tacky paperwork snafu. ------------- Learning AC...slowly |
Posted By: thendrix
Date Posted: 25 Nov 2023 at 6:56pm
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Well damnit. Danielle drove to town today and looked for a sign as she went by. Underneath the big sign that says 45mph when flashing, there's one about half the size of an index card that says "between the hours of 7:45am and 4:00pm". Bravo Pickens county. Bravo ------------- "Farming is a business that makes a Las Vegas craps table look like a regular paycheck" Ronald Reagan |
Posted By: Coke-in-MN
Date Posted: 25 Nov 2023 at 7:17pm
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The series Caught in Providence of court cases , School Zone tickets by camera seemed to be one thing the Judge had a problem with - was school in session that day ? Was the time right , size of signs also , then calibration of unit for both speed and time questioned . ------------- Faith isn't a jump in the dark. It is a walk in the light. Faith is not guessing; it is knowing something. "Challenges are what make life interesting; overcoming them is what makes life meaningful." |
Posted By: jaybmiller
Date Posted: 25 Nov 2023 at 8:26pm
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wow. I'm impressed you can go 55 in a school zone ! My road is 40KM ( 24 MPH) and at the school it's 30KMh (18 MPH)..24/7/365. It's the ONLY school in Hamilton (500,000+ pop) with that speed limit. I'd go to court. Ask a lot of technical questions.... what time did the machine say it was ? where the lights flashing ,according to the machine ? when was the last calibration done ? by who, are they certified? does the court have THAT notarized document in court today ? Just because an officer says 'machine was calibrated' is NOT legal proof. Can be thought of as heresay. There has to be CERTIFIED paperwork. ALSO the officer( if he IS certified to calibrate the machine...) MUST present HIS dated certification paperwork at your trial. Odds are he won't have that,if he does, check the dates ! He may(probably) needs to be retested to prove he's qualified. if HIS paperwork is 'out of date', case dismissed.... Now the 'trick' is to NOT say anything until in court, in front of judge. If they get wind of your defense, 'magically' they'll HAVE the paperwork,BUT check the dates on it !!! If the date is AFTER the ticket, you should have the ticket dismissed, as they couldn't prove machine was operating as it should. Be sure to have every question written down, in front of you, do NOT go in thinking you'll remember what to ask.... Do NOT admit to how fast you were going !!!! Do NOT even say 'oh maybe 35-40 ?' Say that and they hang you out to dry.... Also have 80, one dollar bills in your wallet, just in case you lose the case ------------- 3 D-14s,A-C forklift, B-112 Kubota BX23S lil' TOOT( The Other Orange Tractor) Never burn your bridges, unless you can walk on water |
Posted By: Walker
Date Posted: 25 Nov 2023 at 8:40pm
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If a couple Mexi illegals jacked your truck and went joyriding why are they bothering you? If you need a theory to go with. I mean you after all are the victim here. |
Posted By: jaybmiller
Date Posted: 26 Nov 2023 at 6:27am
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'school cams' and 'red light' cameras follow the vehicle owner amd NOT the driver. Good news up here, it's just a fine, so no 'points' on license OR increase in insurance. ------------- 3 D-14s,A-C forklift, B-112 Kubota BX23S lil' TOOT( The Other Orange Tractor) Never burn your bridges, unless you can walk on water |
Posted By: thendrix
Date Posted: 26 Nov 2023 at 7:25am
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The speed limit is 55 because it's a state highway. The actual school entrance is about 100 yards up a side road but the buses and parents have to come out in a 4 lane state highway ------------- "Farming is a business that makes a Las Vegas craps table look like a regular paycheck" Ronald Reagan |
Posted By: jaybmiller
Date Posted: 26 Nov 2023 at 8:59am
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whew...glad you posted the info ! Kinda wondered how the children safely crossed the 55MPH road....... ------------- 3 D-14s,A-C forklift, B-112 Kubota BX23S lil' TOOT( The Other Orange Tractor) Never burn your bridges, unless you can walk on water |
Posted By: Brian S(NY)
Date Posted: 26 Nov 2023 at 10:57am
I was on our news this morning that we will start getting them all over the state. What irks me is when you tell the judge you are innocent they say well then we will reduce it to parking on pavement, no points but... forcing a driver to plead guilty when you know you are innocent. Court doesnt care , they get their money... ------------- God made man.Sam colt made man equal. |
WF owner wrote: