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  #1  
Old 01-14-2008, 07:45 PM
rjeezy
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Default Speeding in a School Zone

Got a ticket today on the way to Gainesville.. which consists of going through small towns with speed traps. Ive driven this route plenty of times and know not to speed.

Its almost been 2 years since my last ticket and i guess my luck ran out today. I was ticketed in a school zone in this tiny city, Waldo, which is problem no longer than 1 mile or two that i have to go through it. It is also one of the most well known speed traps. The speed limit is usually 35, i was going 32. But the school zone speed limit is 15.

I am contemplating whether or not if I should contest it. I know those school lights were not flashing yet when I had gone through it. The ticket says it was issued at 1:33 pm.

From what I looked up online the lights dont come up @ 130, 15 minutes before school gets out. (http://www.cityofgainesville.org/pubworks/traffic/) - under the School Speed Zone FAQ


"For the afternoon or dismissal, the school speed zone is in effect from 15 minutes prior to the dismissal of school until 30 minutes after school is dismissed".

The earliest schools get out in the county is 1:45, hence the lights come on @ 130.
It also can be confirmed through the .pdf file listed on that site which the Flashing School Zone Charts. (http://www.cityofgainesville.org/web...choolZones.pdf )

So I believe when I went through those lights they were not on yet. It still would have taken the cop time to pull me over, and walk to my car, ask for my license, walk back check over things, then write the ticket. I believe that was more than 3 minutes. Therefore when I went through that light and the area, the school zone speed limit was not up yet.
The passenger and I were trying to figure out why I was pulled over, when I was clearly not speeding under the normal speed limits and checked the time if the school zone times were in effect.
The passenger with me also confirmed that when we were pulled over that it was only 1:30 further confirming that when we had gone through the school zone speed limit was not in effect when we had went through.

So when i go to court.. do i plead no contest or not guilty? or which would probably give me the better outcome. Any input would be appreciated.
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  #2  
Old 01-18-2008, 02:03 PM
duiattorneytab.com
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Default

Have you contacted an attorney in your state?
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  #3  
Old 01-20-2008, 08:02 AM
jackson67
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I'd contest it. If there were no children present, hence no risk to anyone, the cop was just getting quota and giving you a hard time.

32 isn't a speed worth getting a ticket for, and if the school lights weren't flashing, as far as the law is concerned you shouldn't be penalized for it.
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  #4  
Old 01-20-2008, 12:34 PM
lawford lawford is offline
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Join Date: Jan 2008
Location: Pierce County, Washington State
Posts: 187
Default One thought

Hello,

Don't plead either guilty or no contest, plead not guilty or check the box for mitigation hearing. If you plead guilty, you forfeit your rights and you simply pay, and no-one will ever hear your version of the facts. Also, a no contest plea doesn't apply, unless the offense is subject to a later civil suit for damages. No contest means, treat this as a guilty plea for this court's purposes, but not as an admission of guilt for a later court's purposes.

In closing, in small municipal, "preponderance of the evidence," courts, such as those in PO Dunk, Judges generally defer to the officer's accounting of events, meaning, it's hard to win in Po Dunk. This is why speed traps continue to exist. Good luck,

Lawford
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  #5  
Old 01-21-2008, 10:10 AM
lawford lawford is offline
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Join Date: Jan 2008
Location: Pierce County, Washington State
Posts: 187
Default One more thing

Hello rjeezy,

If the quote you cited was the actual law, then it says that the ordnance becomes active at 1:30, it mentions nothing of the lights. So in theory, the lights are not necessary to enforce the ordnance. Are there signs alluding to the requirment?

As to the ticket saying 1:33, the officer would write in the time of the violation itself, not the time he wrote the ticket. He is afforded some amount of approximation as well.

As to your friends accounting of the time, this is not convincing as there is no guarantee that your friends watch is correct, this renders the information hearsay.

If it were I, I would try to mitigate or explain circumstances, and ask for a reduction in the fine. Because, while the facts are there, they can speak against you as well as for you. If you plead not-guilty, then it is likely that you will loose any option of compromise. Good luck,

Lawford
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  #6  
Old 01-22-2008, 04:36 PM
moderator moderator is offline
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Posts: 15,249
Default

I suggest you try to speak to an attorney who has experience in defening against traffic tickets like this to determine whether or not you should contest it. Sometimes attorneys can be very persuasive with the courts and can bargain down the charges even if you can't defend against it completely. You can find more information about an attorney through the locator service on LawInfo's home page at: http://www.lawinfo.com/. Good luck.
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  #7  
Old 12-17-2008, 01:24 PM
Jason Thomas
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Default Waldo

Waldo is so well known as a Speed Trap that the AAA has bought a full size billboard warning motorist. Truckers certainly know about it too and warn each other 24 hours a day. Tickets are Waldo's only source of income and once you drive through you'll realize there is no other source of income. This is the only town I know of where the AAA has paid for a full size billboard to warn motorist. That says a lot right there.
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