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Re: Ask A Police Officer
Just a quick question. I am going to be helping a friend move and we were discussing Weigh stations on the highways for trucks. Do U-Haul trucks have to stop at the weigh stations? He is getting the second biggest truck they have. I don't know the length of it. Also, if you do have to stop, what do you do once you are at the weigh station? Like how do you get weighed.
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Stop on the pad and wait for them to tell you to move along either by light or hand signal. |
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im sure something like my question has already been asked but i might have skiped over it. basically i recently got a speeding ticket of 62 in a 45 in north carolina, it was 4 am comming home from work and only for a second screwing around with the guys i work with. anyway ive had only 1 other ticket in my life and had a layer get it reduced to less then ten and nothing ever came of it. im wondering though what is the liklyhood of me not getting points and my insurance rates going up with a layer again now that this one is 17 over. does the other ticket show up to affect this one?
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BTW, the advice I offered above is how I would offer advice to my cites in my area. Each Prosecutorial District for District Attorney's handle these differently. IIRC anything under 10 over is non-insurance points, but you still receive the DMV points of the original cite. |
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I have a question. I was pulled over and issued a ticket this morning for failure to come to a COMPLETE stop at a stop sign in Miami, Fl. My question is this: The officer was parked in the driveway of a private residence. I asked her if she was and she said yes. I then asked if she had permission to park there and she said it was none of my business and she wasn't going to answer my question. Can I get the ticket dismissed on the grounds that she was illegaly parked?
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even if she was on private property without permission? I am not trying to get out of the ticket but, can an officer park on private property without permission because they want to????? That doesn't seem right to me.
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Possible the Officer just left a call, just turned around, just made a community contact etc etc. The Officer's location had nothing to do with your offense. |
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I wasn't arguing with her. I was just curious. She told me that she was parked there observing traffic. I was very courtious to her I just think that if she is going to park on private property she should have the permission of the property owner. If I owned the house I would probably say yes but I would want to be asked.
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Again, seriously now, what does it have to do with your stop sign violation? :) Pay your ticket, or plead not guilty and see what your argument does. Easy as that. ;) |
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It hasn't got anything to do with my ticket. I was just curious as to the legality of it thats all.
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Okeedokeee :D |
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Hey, i got a ticket for speeding/too fast for conditions about a month ago... he was a new officer that normally works inside the school, but sits outside after school lets out to patrol the area for speeders... welll... i started off from a stop light like i normally do... 2k rpms in an auto(notfast)... and i pass a minivan who started right next to me by one car... the speed limit is a 30 when school lets out and a 40 when it isnt... i got up to 30mph exactly and noticed him pulling out on the road, and i was suspicious... next think i know he jumps into oncoming traffic, adn floors it at me(no exageration, really)... so i do what im supposed to and pull over... well he gets out of the car, comes to me, and does the license schpeal, i ask why im getting pulled, he replies exactly... "WELL SIR, You were passing a minivan in a school zone and seeing how no one really goes the speed limit, you must have been speeding. But i didnt clock you, do you know how fast you were going." Ya... 30-33mph sir" "I dont think so, just wait right here".
So it turns out he gives me a $150 ticket for too fast for conditions, on a clear and sunny day... and he wrote the ticket inside school zone hours, when infact, i was 2 minutes outside of school zone hours...(i even took into concideration of my clock beign off, and compared it to the USNEWS.) I can easily get out of this, right? i can prove when i got pulled because i have phone records of me calling my best friend whos witnessed me leaving late, and my mom telling her i got a ticket. |
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Our school zones have flashing lights to make it easier to determine if the school zone speed limit is in effect...unfortunately they sometimes forget to turn them off for holidays. As far as a defense, if you have the right to question the officer in court you should do that. Ask questions about the merits of the citation...things like describing the weather and road conditions, the other vehicles on the road, the officers estimation of the speed of those other vehicles, etc. Have him describe exactly what he saw. Get the officer to state why he stopped you and the decision process that he used to cite you. You want to give the judge reason to question his judgment since that is the basis of the ticket. |
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QUOTE=04VAMach1;919463]Those judges are overstepping their authority. The school zone times are set to allow ample time for the kids to arrive and leave school. There is no disclaimer on the sign that says "1-ish to 4-ish"...it is a set period of time. Using that logic, you could argue that the speed limit is not a hard limit either.
This is why you should at least talk to a SC cop or lawyer. Judges in traffic court don't get challenged on their decisions very much so If they "overstep their authority" no one calls them on it. This is especially true in small town courts. Who has the money to take a speeding ticket to the supreme court to get overturned? Not many judges have sympathy when you speed in a school zone. I have been a cop for 23 years and did an unfortunate stint in traffic for 4. Probably wrote 500 or so school zone tickets. I can count school zone tickets that have been dismissed on one hand. I have NEVER had a judge say ok since your watch said it was 2 minutes passed the posted school zone times your ticket is dismissed, and many people tried that defense. If you fight tickets in Florida and get found guilty your penalty is almost always higher than if you plead no contest and aren't perceived by the judge to have "wasted" the courts time. So before you waste the courts time and yours talk to a lawyer or SC cop. Maybe one on the registry will help you I know we have a few. |
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On the flip side, on more than one occasion I have seen judges tell officers that they better not appear in court with a charge like that again. Good judges hate bs tickets just as much as the rest of us...they waste the taxpayers' dime when they have to be dismissed. |
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From what you say, he didn't write you for speeding in a school zone. He wrote you for too fast for conditions. Check your state statutes and see what they say. Here it says that a vehicle can not be driven faster than what is "reasonable or proper" for conditions. The conditions would also include vehicle traffic, pedestrian traffic, road conditions, etc. They are not limited to weather conditions as many people think it implies. I'm guessing that the too fast for conditions citation is completely different from speeding in a school zone, thus the time wouldn't be a factor. Too fast for conditions also does not require that a speed be listed in the citation, at least where I'm from, only that the officer be able to articulate what the conditions were and what he observed that made him believe you were going too fast for those conditions.
The bottom line is you need to research your state statutes. I checked and too fast for conditions sounds very similar to what it is here. If you decide to challenge the citation it will pretty much be you stating your side vs. the officer's on the points listed above. |
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i got two tickets here for some BS gather round listen to my rant i'll leave out the cussing parts that i can.
its jan 20th 2007 i just got back from SOI with the Marines, and im driving home gonna get to see my wife finally. so i pull up to a train crossing and im a little over the line (my back tires). the train passes siren and bubble gum machine go off, im like huh must be a wreck up ahead, so i pull to the side and he gets in behind me. now im like wtf did i do? im sitting there and he come s to the window pistol holster unsnapped all all bad *** acting. i don't really care im a marine it just bugged me. he says "do you know why i pulled you over"..." not really" .."you stopped within 15ft of a train crossing", so i asked is that a law or something turns out it is in my state. he comes back with all my stuff and says "your tag is outta date too thats gonna be another citation"...so i explained that i had been gone from home for 9months with the marines and just got back not even 30mins ago. "the GD city place to get your tag renewed isnt even open on the weekends." he pissed me off right here he says "i dont give a **** where you've been, im on the frontlines everyday i could get shot run over or....." i couldnt hold back from here on " who the f are you talking to me like that, your the bastard cop that gives everyone random tickets that are stupid *** laws that no one even knows."..."you f'in think your on the front lines in this town, i dont see you getting shot at, but you think you need to have you **** unclipped come up on me like that. wtf is your problem are your GD f'in nuts that small or do you just need to feel special." he says "calm down sir" ...wrong thing to say "f'in calm down WTF are you talkin about i've been gone 9 GDMF months and come home to this ****, a punk *** pig thats doesnt do anything and demands respect." he started to say something else " STFU, write the **** ticket and ill c you in court MF'er. " i rolled my window up on him until he wrote the ticket. i went to the judge and he was a smart *** too, so i gave him some to, but he was a little more respectful, and i was respectful in turn as well. so i took the tickets paid for them and got a refund 2 weeks later. I dont get harassed and let it go. |
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