Advice needed with what I think is a bogus ticket
#1
09-23-2008, 05:08 PM
Advice needed with what I think is a bogus ticket
So a few weeks back, I was at the light of Alafaya and Red Bug Lake Rd. I was at the front of the light. The light turend green...but I was not expecting it. So the car next to me had already started going when I realized the light was green. I took off and my tires chirped a few times (not complete spinning). I let off at the top of 2nd gear (55mph). My friend and I were laughing so hard because there's a big dip at the intersection if you're heading East on Red Bug Lake Rd. When we took the dip, my rear tires were bouncing off the ground.
So after the mishap, we were cruising somewhere between 45mph-50mph with the posted speed limit being 45mph. As soon as I'm about to pull into my neighborhood (Alafaya Woods), a cop pulled us over. I was nothing but respectfuly, saying yes sir to everything. I'm not the type to argue. He was a real dick! He said that I put my passenger and many other lives at danger, even though the only car I had passed was the one at the front of the light. He implied that I was just trying to show off ot my passenger and asked if I knew what racing was, which I described as outspeeding another car. He said he estimated me at 78mph in a 45mph zone (no radar and I'm 100% positive I didn't go any faster than 55mph...althogh my car is loud due to the open dumps).
I got 2 tickets: 1.)Reckless Driving: Racing, High Speeds and 2.)Traffic Control Device - Fail to obey (speed limit sign). I received a written arrest for the Reckless Driving ticket and must appear in court this Friday. I'm fighting both tickets.
Any advice would be greatly appreciated! I've never been in trouble before and am extremely nervous
So after the mishap, we were cruising somewhere between 45mph-50mph with the posted speed limit being 45mph. As soon as I'm about to pull into my neighborhood (Alafaya Woods), a cop pulled us over. I was nothing but respectfuly, saying yes sir to everything. I'm not the type to argue. He was a real dick! He said that I put my passenger and many other lives at danger, even though the only car I had passed was the one at the front of the light. He implied that I was just trying to show off ot my passenger and asked if I knew what racing was, which I described as outspeeding another car. He said he estimated me at 78mph in a 45mph zone (no radar and I'm 100% positive I didn't go any faster than 55mph...althogh my car is loud due to the open dumps).
I got 2 tickets: 1.)Reckless Driving: Racing, High Speeds and 2.)Traffic Control Device - Fail to obey (speed limit sign). I received a written arrest for the Reckless Driving ticket and must appear in court this Friday. I'm fighting both tickets.
Any advice would be greatly appreciated! I've never been in trouble before and am extremely nervous
#4
09-23-2008, 06:18 PM
#6
09-23-2008, 06:33 PM
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Originally Posted by GreenGoblin
Damn buddy sorry to hear that, if he did not get you on radar how can he prove that you were breaking any laws.
The problem is that once they add the "Racing" tag to reckless driving, things get serious. They can do all kinds of bad things if you are convicted of racing.
Ryan, I don't know if Jason does traffic issues, but you might get a hold of him through Daniel...
#7
09-23-2008, 06:57 PM
Violation of a traffic control device isn't the same thing as speeding and the proof requirements are different. Cops are trained to estimate speed and if the cop estimated that you were doing more than the posted speed limit, that pretty much all the proof that is needed for a conviction.
Reckless driving is a criminal infraction. You can go to jail if convicted and you must admit to being convicted of a crime if asked on a job application etc.
316.074 Obedience to and required traffic control devices.-- (1) The driver of any vehicle shall obey the instructions of any official traffic control device applicable thereto, placed in accordance with the provisions of this chapter, unless otherwise directed by a police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this chapter.
(2) No person shall drive any vehicle from a roadway to another roadway to avoid obeying the indicated traffic control indicated by such traffic control device.
(3) No provision of this chapter for which official traffic control devices are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official device is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular section does not state that official traffic control devices are required, such section shall be effective even though no devices are erected or in place.
(4) Whenever official traffic control devices are placed in position approximately conforming to the requirements of this chapter, such devices shall be presumed to have been so placed by the official act or direction of lawful authority unless the contrary shall be established by competent evidence.
(5) Any official traffic control device placed pursuant to the provisions of this chapter and purporting to conform to the lawful requirements pertaining to such devices shall be presumed to comply with the requirements of this chapter unless the contrary shall be established by competent evidence.
(6) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.
(2) No person shall drive any vehicle from a roadway to another roadway to avoid obeying the indicated traffic control indicated by such traffic control device.
(3) No provision of this chapter for which official traffic control devices are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official device is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular section does not state that official traffic control devices are required, such section shall be effective even though no devices are erected or in place.
(4) Whenever official traffic control devices are placed in position approximately conforming to the requirements of this chapter, such devices shall be presumed to have been so placed by the official act or direction of lawful authority unless the contrary shall be established by competent evidence.
(5) Any official traffic control device placed pursuant to the provisions of this chapter and purporting to conform to the lawful requirements pertaining to such devices shall be presumed to comply with the requirements of this chapter unless the contrary shall be established by competent evidence.
(6) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.
316.192 reckless driving.--
(1)(a) Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.
(b) Fleeing a law enforcement officer in a motor vehicle is reckless driving per se.
(2) Except as provided in subsection (3), any person convicted of reckless driving shall be punished:
(a) Upon a first conviction, by imprisonment for a period of not more than 90 days or by fine of not less than $25 nor more than $500, or by both such fine and imprisonment.
(b) On a second or subsequent conviction, by imprisonment for not more than 6 months or by a fine of not less than $50 nor more than $1,000, or by both such fine and imprisonment.
(3) Any person:
(a) Who is in violation of subsection (1);
(b) Who operates a vehicle; and
(c) Who, by reason of such operation, causes:
1. Damage to the property or person of another commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
2. Serious bodily injury to another commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The term "serious bodily injury" means an injury to another person, which consists of a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
(4) Notwithstanding any other provision of this section, $5 shall be added to a fine imposed pursuant to this section. The clerk shall remit the $5 to the Department of Revenue for deposit in the Emergency Medical Services Trust Fund.
(5) In addition to any other penalty provided under this section, if the court has reasonable cause to believe that the use of alcohol, chemical substances set forth in s. 877.111, or substances controlled under chapter 893 contributed to a violation of this section, the court shall direct the person so convicted to complete a DUI program substance abuse education course and evaluation as provided in s. 316.193(5) within a reasonable period of time specified by the court. If the DUI program conducting such course and evaluation refers the person to an authorized substance abuse treatment provider for substance abuse evaluation and treatment, the directive of the court requiring completion of such course, evaluation, and treatment shall be enforced as provided in s. 322.245. The referral to treatment resulting from the DUI program evaluation may not be waived without a supporting independent psychosocial evaluation conducted by an authorized substance abuse treatment provider, appointed by the court, which shall have access to the DUI program psychosocial evaluation before the independent psychosocial evaluation is conducted. The court shall review the results and recommendations of both evaluations before determining the request for waiver. The offender shall bear the full cost of this procedure. If a person directed to a DUI program substance abuse education course and evaluation or referred to treatment under this subsection fails to report for or complete such course, evaluation, or treatment, the DUI program shall notify the court and the department of the failure. Upon receipt of such notice, the department shall cancel the person's driving privilege, notwithstanding the terms of the court order or any suspension or revocation of the driving privilege. The department may reinstate the driving privilege upon verification from the DUI program that the education, evaluation, and treatment are completed. The department may temporarily reinstate the driving privilege on a restricted basis upon verification that the offender is currently participating in treatment and has completed the DUI education course and evaluation requirement. If the DUI program notifies the department of the second failure to complete treatment, the department shall reinstate the driving privilege only after notice of successful completion of treatment from the DUI program.
(1)(a) Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.
(b) Fleeing a law enforcement officer in a motor vehicle is reckless driving per se.
(2) Except as provided in subsection (3), any person convicted of reckless driving shall be punished:
(a) Upon a first conviction, by imprisonment for a period of not more than 90 days or by fine of not less than $25 nor more than $500, or by both such fine and imprisonment.
(b) On a second or subsequent conviction, by imprisonment for not more than 6 months or by a fine of not less than $50 nor more than $1,000, or by both such fine and imprisonment.
(3) Any person:
(a) Who is in violation of subsection (1);
(b) Who operates a vehicle; and
(c) Who, by reason of such operation, causes:
1. Damage to the property or person of another commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
2. Serious bodily injury to another commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The term "serious bodily injury" means an injury to another person, which consists of a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
(4) Notwithstanding any other provision of this section, $5 shall be added to a fine imposed pursuant to this section. The clerk shall remit the $5 to the Department of Revenue for deposit in the Emergency Medical Services Trust Fund.
(5) In addition to any other penalty provided under this section, if the court has reasonable cause to believe that the use of alcohol, chemical substances set forth in s. 877.111, or substances controlled under chapter 893 contributed to a violation of this section, the court shall direct the person so convicted to complete a DUI program substance abuse education course and evaluation as provided in s. 316.193(5) within a reasonable period of time specified by the court. If the DUI program conducting such course and evaluation refers the person to an authorized substance abuse treatment provider for substance abuse evaluation and treatment, the directive of the court requiring completion of such course, evaluation, and treatment shall be enforced as provided in s. 322.245. The referral to treatment resulting from the DUI program evaluation may not be waived without a supporting independent psychosocial evaluation conducted by an authorized substance abuse treatment provider, appointed by the court, which shall have access to the DUI program psychosocial evaluation before the independent psychosocial evaluation is conducted. The court shall review the results and recommendations of both evaluations before determining the request for waiver. The offender shall bear the full cost of this procedure. If a person directed to a DUI program substance abuse education course and evaluation or referred to treatment under this subsection fails to report for or complete such course, evaluation, or treatment, the DUI program shall notify the court and the department of the failure. Upon receipt of such notice, the department shall cancel the person's driving privilege, notwithstanding the terms of the court order or any suspension or revocation of the driving privilege. The department may reinstate the driving privilege upon verification from the DUI program that the education, evaluation, and treatment are completed. The department may temporarily reinstate the driving privilege on a restricted basis upon verification that the offender is currently participating in treatment and has completed the DUI education course and evaluation requirement. If the DUI program notifies the department of the second failure to complete treatment, the department shall reinstate the driving privilege only after notice of successful completion of treatment from the DUI program.
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#11
09-23-2008, 08:24 PM
#14
09-24-2008, 05:54 AM
How is your driving record? If its pretty clean, you should have no problem if you get a lawyer.
You'll have to go to traffic court first and plead no-contest (so long as the officer isn't there) or innocent. If you plead no contest then you leave it to the judge to pass judgement. He/she may or may not lighten up on the charges. In some cases (depending on record), he/she may even increase the penalties. Dress in a suit or at least in your Sunday best to show "respect" to the court. Some judges notice and acknowledge this.
If you plead innocent, then a court date will be set. If you don't have a lawyer, then they will assign you a district attorney. This is not where you want to be. They work for the state and who do you think will win? If you hire a lawyer, he/she will negotiate your fate with the state attorney behind the doors. If no agreement can be found, then it goes to a court by jury. If it goes this far, then well the state is out to make an example of you. I hope you hired a good lawyer.
I went through something similar to this several years ago (after the racing law) and spent 7 months fighting for my license. I had a lawyer too. My record wasn't the best but a lot better than a lot of others. They tried to bend me over due to some tickets that happened 3 years well prior to the racing law.
Good luck.
You'll have to go to traffic court first and plead no-contest (so long as the officer isn't there) or innocent. If you plead no contest then you leave it to the judge to pass judgement. He/she may or may not lighten up on the charges. In some cases (depending on record), he/she may even increase the penalties. Dress in a suit or at least in your Sunday best to show "respect" to the court. Some judges notice and acknowledge this.
If you plead innocent, then a court date will be set. If you don't have a lawyer, then they will assign you a district attorney. This is not where you want to be. They work for the state and who do you think will win? If you hire a lawyer, he/she will negotiate your fate with the state attorney behind the doors. If no agreement can be found, then it goes to a court by jury. If it goes this far, then well the state is out to make an example of you. I hope you hired a good lawyer.
I went through something similar to this several years ago (after the racing law) and spent 7 months fighting for my license. I had a lawyer too. My record wasn't the best but a lot better than a lot of others. They tried to bend me over due to some tickets that happened 3 years well prior to the racing law.
Good luck.
