Sab

OK, (hypothetically... not a real event, fictional story...)

If one moves through the Sunpass toll lane a bit too fast and accellerates hard after exiting the "gates"... gets stopped by a FHP trooper...

speed limit in the toll booth is 25 MPH.

driver thought he went through the gate at about 35 MPH and then got on it after and quickly approached 60 MPH; trooper shows laser gun with 60 MPH;

trooper is very nice, driver apologises, trooper takes license back to cruiser;

trooper comes back and explains that exceeding speed limit in a toll booth with workers present by 30 MPH is a $550 fine and mandatory court appearance before a judge. officer states that he wrote the ticket differently.

ticket description states:
failed to reduce speed bla bla bla laser 60 in 25

the statue violation shows: 316.1925.1
which is: 13. 13A person shall operate a vehicle "in a careful and prudent manner, having regard for the width, grade, curves, corners, traffic, and all other attendant circumstances, so as not to endanger the life, limb, or property of any person." §316.1925(1)

fine on ticket $117.50

I guess driver had a lucky day...

so now the questions:

1. if a tickets description does not match the infraction type, will it automatically be tossed out of court?

2. since it is a fairly harmless ticket should he just pay it?

3. could a judge correct the ticket and "throw the book" at the driver, even though he did not really run the toll booth at the speed claimed?

4. what the hellis the rule anyway with these toll booths? speed limit is marked on the floor and then on a sign immediately before the booth, then nothing upon exiting. Should one go 25 MPH until the next speed limit sign comes a mile after?

cheers,

Imo000

If you take it to court, the officer will tell the judge exactly what happend and that he also gave you a break. Another thing, as soon as you apologised, you admited guilt and I'm sure the officer wrote this down in his notes (they write everyting down). Never ever say you are sorry, as a matter of fact don't say any more than have to. The judge can, if the DA asks, increase the ticket to refect the original infraction. I can't tell you what to do but use all the advise you get and make your own judgement.

123quattro

Pay the $117 and be thankful. 60 in a 25 is an arrestable offense in probably every state. Most places 15 over can be ticketed as reckless driving.

Sab

Here in Florida driving school is an option it reduces the fine and eliminates points.

That's probably the way to go.

Mike Frye

Sab,

That hypothetical driver probably got away with something and should hypothetically just pay the ticket IMO.

He should also pay more attention to the radar toting constabulary and expect someone to be watching at all toll booths, what was he hypothetically thinking anyway?

Just my .02. (I was up to 11 points in NJ from speeding before I had to go to driving school to keep my license).

Bret928

I'd say number two. I mean after all (hypothetically) the cop could have written the ticket differently and it could have been much worse for the driver (hypothetically).

I've never seen a traffic court judge actually "increase" the fine or punishment because a defendant in an attempt to discredit a police officer admit a more severe wrong doing in an attempt to discredit the police officer issuing the ticket.

Whatever happens in the end – I suspect that if someone disputes a case like this, the officer will be far less tolerant or understanding the next time he pulls some poor slob over for a similar infraction.

Hypothetically speaking, I advice the driver to count his or her blessings and just pay the fine.

My $0.02,
Bret

123quattro

A friend of mine tried to fight a ticket the cop initially cut him a break on. The cop then re-wrote the ticket to the original reckless driving once in court.

heinrich

Sab the rule is never ever ever speak to a bear. Just find a bear hunter and pay him.

Dave H.

a bear hunter named Jeannie...

Fogey1

Pay it or choose driving school, imo. If you go to court, the officer might be a no show but you lose if he shows up. You did admit a violation.

OTOH, research the ticket you didn't get for future info. There does have to be an end for that zone, probably defined in the statute.

EDIT: OTOOH, that statute you quoted reads like "reckless operation?" That's a bad bust for insurance. If so, makes driving school look even better. If you go to court with the strategy you described, you could be hit with both.

AO

I'd revisit the alleged crime scene, map it out and make notes. Are there appropriately posted speed limit signs before the toll booth? As Will suggests, how far is that 25MPH zone? Were you in it when he tagged you? Were was he? Were there any workers present?

If he tagged you outside the zone, you should be able to get it thrown out.

Here are some figures for you to consider:
I should take you about 2.8 seconds to accelerate from 25 to 60MPH. At that rate you will have traveled about 180 feet! This is from my G-tech run. Hope this gives you some ammunition.

Edgy01

Consider yourself lucky that the polive officer cut you a break. I would not push my luck.

Sean79 5spd

Pay it!

SharkSkin

It seems that this hypothetical driver exceeded the speed limit *in* the toolbooth(spelling intentional) by no more than 10mph. It's not reasonable for him to drive 25mph for a mile until he sees the 60mph sign, nor is it reasonable for the trooper to expect that of the hypothetical driver. The description on the ticket implies that Mr. Hypothetical was doing 60mph *in* the tollbooth. Was Mr. FHP in a position to laser Mr. H *in* the toolbooth? If not then you have something to work with. Given that the law usually requires a visual estimate of speed *followed by* confirmation with laser/radar it's unlikely that he could have followed procedure even if Mr. H was actually doing 60mph at the booth.

If you are considering fighting this, go back and look at where he was, what he could have seen from that vantage, consider where you were, etc.

Some say just take your lumps, but if you lay down for this one, it may show as a prior at some later date when you REALLY need to be able to fight from a strong position. That's a point that seems to be overlooked fairly often in these debates.

AO

Well put Dave, but since when did Heinrich get involved?