Pulled over second time, got a ticket this time :(

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Old 07-16-2001 | 06:15 AM
  #1  
fbazakos's Avatar
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on bin laden
 
Joined: Feb 2001
Posts: 4,696
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From: Bloomington, MN
Pulled over second time, got a ticket this time :(

Okay, so you guys know i sweet talked my way out of the first time i got pulled over. But I failed to make it 1 year in my Type S without getting a ticket. I came up a month and a half short. Here is the story, I think I can beat this, and not pay the piper.

Leaving the "lakes" with my buddies. They have a supped up, beater looking blazer. we are at a stoplight. he does a brake stand, and lights his tires up. smoke everywhere, i can barely breathe, just put up a huge haze. the light turns green, i stomp on it (tires, as you know barely chirp), and i run her up to 35-40, speed limit is 40. i killed my buddy, and i went in front of him. we go over a hill, and next thing you know we hear sirens behind us, and my buddy slows way the hell down. the cop is behind him, then he passes him, speeds up and pulls me over. this big black guy (so fat that he could barely walk) gets out of the car, and comes up next to me and YELLS at me "know what the hell was that?" -- I try my apologizing technique, but this guy was PISSED. he says "and how many tickets are you on" ... I'm like "none". He goes "well this one is gonna cost you" and he takes my license and goes and sits in his car. Oh before he left he held up my license to me and said "is this where you live?" Actaully he walked around his car a few times, ended up opening all his doors, like he was looking for something. 15 minutes later, he cooled off a bit, comes back and hands me my license and a ticket. he says "well i gave you a break so i dont kill your insurance. i'm not giving you a reckless, or unsafe, or endagering. i'm giving you a ticket for driving faster than reasonable. i was so surprised by what he said, that i couldnt say anything. he's like "you understand" i said "yes - thank you" then he says "alright have a good day sir."

So ... I'm a bit dumbfounded. I know i fucked around a bit, but I think he had me confused with my friend. since his car looks like shit, i think he assumed i spun my tires and put up the smoke, but i can't do that in my car if i tried.

Ok, now here are the errors on the ticket, somebody give me advice on how to get out of this. I know i fucked around a bit, but ... he got my car info all wrong. at least he got acura, but then he wrote "02" for the year and "2DR" for the model. The description of the ticket is "DRiVE FASter than Reasonable" (yes, the caps were the way he wrote it). The Statute number is "169.1451". I tried looking this up, here is what i found. This is MN btw.

169.14 Speed limits, zones; radar.

I'm assuming this is the right section. Then under subivision 5???

Subd. 5. Zoning within local area. When local
authorities believe that the existing speed limit upon any
street or highway, or part thereof, within their respective
jurisdictions and not a part of the trunk highway system is
greater or less than is reasonable or safe under existing
conditions, they may request the commissioner to authorize, upon
the basis of an engineering and traffic investigation, the
erection of appropriate signs designating what speed is
reasonable and safe, and the commissioner may authorize the
erection of appropriate signs designating a reasonable and safe
speed limit thereat, which speed limit shall be effective when
such signs are erected. Any speeds in excess of these speed
limits shall be prima facie evidence that the speed is not
reasonable or prudent and that it is unlawful; except that any
speed limit within any municipality shall be a maximum limit and
any speed in excess thereof shall be unlawful. Alteration of
speed limits on streets and highways shall be made only upon
authority of the commissioner except as provided in subdivision
5a.

Subd. 5a. Speed zoning in school zone; surcharge.


My understanding of all this BS is that i have a good case. Or does this mean subdivision 1?

Subdivision 1. Duty to drive with due care. No
person shall drive a vehicle on a highway at a speed greater
than is reasonable and prudent under the conditions. Every
driver is responsible for becoming and remaining aware of the
actual and potential hazards then existing on the highway and
must use due care in operating a vehicle. In every event speed
shall be so restricted as may be necessary to avoid colliding
with any person, vehicle or other conveyance on or entering the
highway in compliance with legal requirements and the duty of
all persons to use due care.


Thanks for your help.
Old 07-16-2001 | 09:15 AM
  #2  
BBsAcuraRacing's Avatar
Burning Brakes
 
Joined: Jun 2001
Posts: 1,013
Likes: 0
From: Oakland County MI
Get an attorney involved usually for about 250.00 plus the cost of the ticket, you may get away with no points....
Old 07-16-2001 | 11:46 AM
  #3  
Nashua_Night_Hawk's Avatar
Happy CL-S Pilot
 
Joined: Jan 2001
Posts: 9,215
Likes: 1
From: Nashua, NH, USA
Once I got pulled over, the cop was standing with a flash light and pointed me to pull over, as no radar or other speed measurement were used he gave me a warning for the same ticket as yours,... "driving at unreasonalle speeds"

You can fight this,... If you were not above the speed limit and the he get you confused with the smoke-making blazer...

I guess he will not show up in court either..
Old 07-16-2001 | 11:57 AM
  #4  
eclipse23's Avatar
Moderator Alumnus
 
Joined: Oct 2000
Posts: 11,829
Likes: 3
From: CRY, CRY SOME MORE!
Damn Fotis, time to put that 300lb sandbag in the trunk and use regular 89 gasoline. YOU NEED TO SLOW DOWN!!!!!!



Or get friends without RWD Monsters.
Old 07-16-2001 | 01:27 PM
  #5  
BarryH's Avatar
Burning Brakes
 
Joined: Mar 2001
Posts: 780
Likes: 0
From: Hoboken, NJ
Unless you're an attorney, I'd be careful about debating the applicability of statutes to a judge - it pisses them off and makes you look arrogant. From what you’ve described I’d go the “humble/apologetic” route and say that a car next to you (not mentioning it was your friend) peeled out but with all of the tire smoke you could understand how the cop might have thought it was you. If you’re driving record is pretty clean you’ll probably get off without points – especially if there was no radar involved. My two cents…
Old 07-16-2001 | 03:28 PM
  #6  
fbazakos's Avatar
Thread Starter
on bin laden
 
Joined: Feb 2001
Posts: 4,696
Likes: 0
From: Bloomington, MN
yeah, i'm not an attorney, and i would never quote one and look like an idiot. i was just curious since i've never heard of this ticket, so i'm trying to figure out WTF it is. I still can't nail it down 100%. also, we dont have "points" in Minnesota.

PS. Earnest --- shove it
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