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Got Ticket For Passing A Car... At 87mph On A 65mph not my fault.. need advice in court

#1 User is offline   Ukr_Ital_Traceour 

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Posted 05 September 2008 - 07:47 PM

Hi, today I got my 1st ticket... the thing is, I never speed , but today I didn't really have a choice.
I was driving on a 65mph on 1 lane road....
in front of me was a white pick up, and in front of him was a big trailer which was going 55mph on the 65.. so the white pick up started passing the trailer , therefore I decided to follow him and do the same thing.
I and the driver of pick up truck were passing at the 70mph, which is the legal speed, because everyone goes 70mph, they just add 5miles above the speed limit which was 65mph.
So as I was passing the big trailer, I wanted to get behind the white pick up... but he didn't let me .. plus there was an incoming car in front of me! so I had to speed up to a 95mph just to pass the crazy redneck on the pick up( I live in alaska, so we have a lot of rednecks here)... who wouldn't let me get behind him.. for that he is a maniac.. I could've been killed, and guess who was the incoming car? a policeman !!! just great!
and of course.. soon as I passed the pick up guy.. I started slowing down, and that wasn't enough for me to not get noticed by a police car, and of course he stopped me at 87mph , and gave me a 287$ ticket!!!! for going over speed limit,, so now tell me, how is it my fault???
So I am going to go to a courthouse and try to have a drawing and prepare a speech about how I was not guilty and how I was set up by a maniac pick up driver whou woulnd't let me get behind him .

need advice.. I am a student lol I count my money a lot.. and I am gathering a lot of money so I can move out soon as I graduate...
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#2 User is offline   papabear 

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Posted 05 September 2008 - 08:00 PM

I don't think you have a defense.
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#3 User is offline   DanteV 

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Posted 05 September 2008 - 08:08 PM

I wouldn't mention to the judge that the limit is 70 because you can add 5 to the LEGAL limit. Because that right there is acknowledging that you're speeding. Saying you were passing a car at 65 because he was going 55 makes the most sense.

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#4 User is offline   Ukr_Ital_Traceour 

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Posted 05 September 2008 - 08:21 PM

QUOTE (DanteV @ Sep 5 2008, 11:08 PM) <{POST_SNAPBACK}>
I wouldn't mention to the judge that the limit is 70 because you can add 5 to the LEGAL limit. Because that right there is acknowledging that you're speeding. Saying you were passing a car at 65 because he was going 55 makes the most sense.

oooh, 67 miles I think would be okay.. because that's not illegal speed on the 65mph.
I need someone who is specialized in the way law works lol
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#5 User is offline   D_K 

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Posted 05 September 2008 - 09:21 PM

You were 20 over limit? It's the insurance (not the fine) that will hurt more.

I don't think you have a defense either.
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#6 User is offline   knickstorm 

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Posted 05 September 2008 - 09:27 PM

your only defense, is to give the judge your driving record, which hopefully is clean before this incident and just tell him you are a safe driver and just had a lapse in judgement, hopefully he'll lower the fine or points.
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#7 User is offline   ganbatte 

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Posted 05 September 2008 - 09:45 PM

QUOTE (D_K @ Sep 5 2008, 11:21 PM) <{POST_SNAPBACK}>
You were 20 over limit? It's the insurance (not the fine) that will hurt more.

I don't think you have a defense either.


+1

An accident (I rear ended someone) and an illegal left turn costs me close to $1000 increase in my insurance a year including 15% discount.

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#8 User is offline   Aestas 

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Posted 05 September 2008 - 10:06 PM

why couldn't you slow down instead of speed up? i think that's what the judge might say?
i don't think there's much of a defense either.
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#9 User is offline   papabear 

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Posted 05 September 2008 - 10:12 PM

QUOTE (Ukr_Ital_Traceour @ Sep 5 2008, 11:21 PM) <{POST_SNAPBACK}>
oooh, 67 miles I think would be okay.. because that's not illegal speed on the 65mph.
I need someone who is specialized in the way law works lol


Hey guy. "Get a clue." If 65 is the posted limit, that's the maximum legal speed (and under safe daylight conditions). Admitting that you were going faster than that will get you in trouble. Listen to what people are saying.
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#10 User is offline   Ukr_Ital_Traceour 

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Posted 05 September 2008 - 10:13 PM

QUOTE (Aestas @ Sep 6 2008, 01:06 AM) <{POST_SNAPBACK}>
why couldn't you slow down instead of speed up? i think that's what the judge might say?
i don't think there's much of a defense either.

I couldn't slow down.. because there were cars behind me... and I was on the incoming traffic lane.. if I would have slown down.. I would have had a head on collision with a cop. And I do have a clean record.
Just because of a pick up guy.. I could have been killed.. because he didn't let me get behind me... that's a perfect reason to for the acceleration I think.
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#11 User is offline   jek 

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Posted 05 September 2008 - 10:42 PM

i dont think reason for the ticket was based on the fact that you were speeding despite thats what is says on the ticket but the fact that you didnt judge the correct time to overtake. if you were to take this to court and defend that you werent speeding/didnt intend on speeding you will be charged with wreckless driving.
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#12 User is offline   tonysaur 

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Posted 05 September 2008 - 11:35 PM

#1 you were speeding in order to prevent a head on collision. Mention to the judge that you had to speed in order to not get hit. but doing 70 in a 65mph zone is still speeding, you can get a ticket for doing 1mph over, I've had friends get tickets for it, although normally they don't pull you over unless you are doing more than 5mph over the limit. But you were doing 87mph which is 22 over the limit and is definitely grounds for a ticket. You're only defense is that you had to speed up in order to prevent an accident, just tell them that and he may be lenient on you and give you community service or something. Since this is your first offense you may be able to take a defensive driving class so the ticket never gets on your record and you get a DISCOUNT on your insurance instead of it raising, this is how it works in Texas; I don't know about Alaska. Also, you should NEVER follow another vehicle as they are passing another car on the oncoming lane, you are supposed to pass one by one. You being forced to speed up to avoid on accident is exactly why you shouldn't have tried to pass the same time as the truck, that was a fault on your end, not the pick-up truck for all we know, he was too busy looking at on coming traffic to notice you were following him.
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#13 User is offline   v8subie 

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Posted 06 September 2008 - 04:39 AM

edited

*20 characters*
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#14 User is offline   Clix 

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Posted 06 September 2008 - 05:01 AM

So it's not your fault that you pressed down on the gas to hit 95mph, then a cop clocked you at 87....

The only argument that would make any sense is flowing with traffic.
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#15 User is offline   MiddleMan 

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Posted 06 September 2008 - 05:10 AM

I hate point this out, but that was dangerous driving.

You shouldn't have followed the white pickup.
You should have let him do his passing first.
Having two cars pass 1 slow vehicle is dangerous - what if white pick up saw an oncoming car and decided to slow down to get behind the 55mph vehicle? In this case, he could not - or he could, but would be difficult due to the fact that you were behind the white pickup accelerating, causing a dangerous situation for the 4 vehicles on the road.

I don't think you have a case; you're lucky to get the speeding ticket only.
There are some p-o'ed cops that could have ticketed you more harshly.

Pay, go to driving school, hopefully your insurance don't go up.

Good luck.
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#16 User is offline   mikez 

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Posted 06 September 2008 - 05:24 AM

Rule #1

You're going over the speed limit, it is 65mph, you went over it. You lost!

Rule #2

You are only allowed to pass on 2 lane roads with dashed yellow lines if the situation allows for and it is safe. You followed the pickup therefore you have no idea what the situation with the on coming traffic is, you made the pass under an uncertain and probably dangerous situation. You lost!

You are not innocent, no point trying to defend yourself, imagine what would of happened if the opposing driver looked down to change the AC or something and didn't see you, you could of killed and injuried people.


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#17 User is offline   XlYesterdaYlX 

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Posted 06 September 2008 - 06:11 AM

Honestly...i didn't read anything that says it's not your fault. You're SOL buddy.
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#18 User is offline   viper2788 

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Posted 06 September 2008 - 06:52 AM

you shouldnt have followed the pick up truck... doesnt make it safe just cuz you two were on the same boat. its unfortunate, but it happens. you were the unluckier of the two.
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#19 User is offline   Ukr_Ital_Traceour 

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Posted 06 September 2008 - 08:49 AM

at least I will try to suck up to a judge and ask for a lesser fine and ask for a community service..
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#20 User is offline   Bboy_CL1 

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Posted 06 September 2008 - 09:16 AM

well u can't say its not ur fault for going over the speed limit. Passing a car dont need to go 87mph. Just my .02
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