Speeding Ticket Question
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From: The QC
Speeding Ticket Question
Well, I got nailed yesterday, although I think it's BS. Of course I'm going to go through a lawyer, but being that it was out of town, it will be someone I don't know, so figured I'd poke around here for some answers. Once I pay some bills for the stores this morning I'm also going to snoop around online. Anyway, here's the deal....
Driving home from Asheville on I-40 East. Speed limit is 70 mph. There is a about a 5 mile or so section where speed limit drops to 55mph. This section is when you are coming down a mountain. This is where I got pulled over. Cop said I was doing 70 in a 55. Now, I definitely was going over 55 mph in spots as I was using a combination of tranny and actual braking. Having done this section of the highway the day before and using the brakes, I decided to try not to use the brakes too much, only braking in certain spots where the grade was less to slow down. To add to this, I never saw the cop anywhere, and there aren't many places to hide since it's rock on one side and solid barrier in the median, so I have no idea where he came from. I did pass a different state trooper at a truck rest stop at the very top of the descent, but at that point I was in a pack of cars still coming up the front side of the hill, and was doing 60mph tops b/c of the steep incline.
My main question is this... isn't there verbage which states that you cannot be clocked while descending a grade?
While on flat land, my cruise was set to 72mph. Obviously while descending cruise was off. At no point did I ever hit the gas, it was all braking and shifting to maintain speed without abusing my brakes... so therefore, if I was going over 55mph, it was b/c of gravity and the grade. I am going to look around online, but wondered if anyone had any knowledge off hand about this.
My other question is if anyone knows of a website where i can look up a mileage marker on the highway. As mentioned, I have no idea where the cop came from, so I want to look up the mileage marker which is indicated on the ticket.
TIA all
Driving home from Asheville on I-40 East. Speed limit is 70 mph. There is a about a 5 mile or so section where speed limit drops to 55mph. This section is when you are coming down a mountain. This is where I got pulled over. Cop said I was doing 70 in a 55. Now, I definitely was going over 55 mph in spots as I was using a combination of tranny and actual braking. Having done this section of the highway the day before and using the brakes, I decided to try not to use the brakes too much, only braking in certain spots where the grade was less to slow down. To add to this, I never saw the cop anywhere, and there aren't many places to hide since it's rock on one side and solid barrier in the median, so I have no idea where he came from. I did pass a different state trooper at a truck rest stop at the very top of the descent, but at that point I was in a pack of cars still coming up the front side of the hill, and was doing 60mph tops b/c of the steep incline.
My main question is this... isn't there verbage which states that you cannot be clocked while descending a grade?
While on flat land, my cruise was set to 72mph. Obviously while descending cruise was off. At no point did I ever hit the gas, it was all braking and shifting to maintain speed without abusing my brakes... so therefore, if I was going over 55mph, it was b/c of gravity and the grade. I am going to look around online, but wondered if anyone had any knowledge off hand about this.
My other question is if anyone knows of a website where i can look up a mileage marker on the highway. As mentioned, I have no idea where the cop came from, so I want to look up the mileage marker which is indicated on the ticket.
TIA all
Oderint dum metuant.
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From: Lake Wylie
NC General Statutes: http://www.ncga.state.nc.us/gascript...StatutesTOC.pl; Motor vehicles are chapter 20. I didn't see anything regarding speed on a grade/hill, and it doesn't seem plausible, but you never know. The actual law you broke by speeding should be on the ticket; just look it up and any exclusions should be noted with it.
Can't find a map with mile markers denoted, but you can back into it based on this
Most counties besides Mecklenburg have "faulty equipment". Most likely your ticket will be reduced to that for the cost of the lawyer (you should receive letters from them in the next few days). In the smaller counties, one is really just as good as another; pick the cheapest and mail him your ticket and a check. You'll get a letter back about a week after the court date letting you know the disposition. Faulty equipment is a non-moving violation and doesn't affect your insurance rates.
Can't find a map with mile markers denoted, but you can back into it based on this
Mile Markers (abbreviated MM) are the small green signs with white numbers that are located off the shoulder of major highways. Mile Markers are used to help DOT and the public have a reference point along the route. They are located every mile and indicate the number of miles from the beginning of the route in North Carolina to that particular point.
On North-South routes, zero begins at the furthest point south and increases as you travel to the north. For example on I-95, Mile Marker 0 is located at the NC/SC border and Mile Marker 182 is located at the VA/NC border.
On East-West routes the milemarkers begin at zero beginning in the west and increase as you travel east. As an example, on I-40, Mile Marker 0 is located at the NC/TN border, and Mile Marker 420 is located in Wilmington, NC. Milemarkers also correspond to Exit Numbers along all interstate routes in NC.
On North-South routes, zero begins at the furthest point south and increases as you travel to the north. For example on I-95, Mile Marker 0 is located at the NC/SC border and Mile Marker 182 is located at the VA/NC border.
On East-West routes the milemarkers begin at zero beginning in the west and increase as you travel east. As an example, on I-40, Mile Marker 0 is located at the NC/TN border, and Mile Marker 420 is located in Wilmington, NC. Milemarkers also correspond to Exit Numbers along all interstate routes in NC.
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From: Pacific Northwest, blah.
did he get you with radar or laser?
I know that cops in my state need a CLEAR distance of 1500 ft in order to nail you with a radar gun. If there is any obstruction, i.e. light poles, tickets can be dropped instantly in court.
If he got you less than 100 feet after the 55 mph sign I'd fight that ticket.
I know that cops in my state need a CLEAR distance of 1500 ft in order to nail you with a radar gun. If there is any obstruction, i.e. light poles, tickets can be dropped instantly in court.
If he got you less than 100 feet after the 55 mph sign I'd fight that ticket.
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Thanks for the replies guys!
BigLizard, not sure if it was Radar or Laser. I checked the ticket and did not see either indicated. Also, as noted, not sure where he came from. I do know that after I got going again I was about 2 tenths of a mile away from the bottom of the mountain where the speed limit was 70mph again... but not sure where he clocked me which is why I'm trying to figure out exactly where MM 68 is so I can figure out where I was in relation to the grade and speed limit changes.
BigLizard, not sure if it was Radar or Laser. I checked the ticket and did not see either indicated. Also, as noted, not sure where he came from. I do know that after I got going again I was about 2 tenths of a mile away from the bottom of the mountain where the speed limit was 70mph again... but not sure where he clocked me which is why I'm trying to figure out exactly where MM 68 is so I can figure out where I was in relation to the grade and speed limit changes.
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From: 100 Legends Way, Boston, MA 02114
I would imagine that going downhill doesn't make you exempt anywhere. I'm guessing that if you mentioned that if your defense is "I going downhill", their next question would be, "does your car have brakes?"
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From: The QC
^ I could claim brake fade. We were not coming down a hill... we were coming down a mountain.
I know in NY there is a certain grade where you can't be clocked... I forget the percentage. That was also 12 years ago, so the exemption may have changed. I'm back home now so I'm going to do some research.
I know in NY there is a certain grade where you can't be clocked... I forget the percentage. That was also 12 years ago, so the exemption may have changed. I'm back home now so I'm going to do some research.
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From: The QC
^ Yeah, I'm probably fucked. Doesn't look like NC has (or ever had) any exceptions regardless of the grade percentage. Oh well. Time to lawyer up and get a faulty equipment ticket
By the way, I drove from Asheville to Brown Summit on Thursday and saw a ton of cop cars. They don't mess around down that stretch.
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my lawyer found discrepencies on the ticket. Any screw ups on a ticket and it's thrown out of the court...@ least in my state.
why can't he get his dropped?
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From: The QC
I'll hook up with a local lawyer and see what happens. This happened to me once before when we first moved down and it only cost $200 (Not Asheville though, Wilmington). My dad got a ticket in a similar area coming from Asheville in Feb and his was $200 as well... so that seems to be the going rate.
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