"Night" speed limit?!?! It was 6AM!!!

[senecer01]

I was over in east texas and had my cruise control set at 78, it was exactly on the line. 6 to 8 over has always been enough to gain a little time but not get any extra attention. I get pulled over and he tells me I was doing 81 and that the speed limit is 65. The speed limit is 70 BUT the NIGHT speed limit is 65. It was 6 o'clock in the MORNING!!! All the sign says is "NIGHT 65". It says NOTHING about when the DAY actually begins for the texas state police, but you're telling me 6AM somehow qualifies as "NIGHT". :cuss:

Then he basically started interrogating me. Asked me where I was going, where I was coming from, why I had been there, how long I had been there, who's in my car, how do I know them, what I do for a living, who the other name on the insurance card is(mine is on there, so any other name is completely irrelevant in this situation)....like any of that matters or is any of his business?? Then he asked me why I didn't pull over immediately....it was probably 10 seconds, but until I pulled over he never got any closer than 500 yards...I wasn't even certain he was going after me until he pulled onto the shoulder behind me!!!

Then he tells me he's going to inspect my car and spent several minutes looking around the outside of it (was in a lincoln navigator, not the cobra, so I doubt he was just checking out my car). He tells me he's going to write a ticket and that I'm not to move from in between the two cars until he gets back. Then he goes and sits in his car for about 10 minutes...finally comes back gives me ticket and leaves. What the **** ever happened to "you were speeding, here's your ticket, have a nice day"??????? Instead I get a bogus interpretation of "Day vs. Night", a ticket for a speed that I know he embellished, and a not so subtle interrogation.

 

[ChuckV]

The day/night change is probably mandated by law. You're often questioned like that when they suspect you may be drunk. People generally have much less of an attitude when you talk to them vs. pulling them out of a car and making them blow into a tube.

As for the speed, it's possible your speedo is off.

 

[WTF]

The interrogation is typical I've heard when he suspects something or is "fishing". While leaving my sister's house at 3am (we are quite the night owls), a police officer pulled me over a "License plate light out". He began interrogating me in the exact same fashion as you mentioned. Where you coming from, where do you live, why are you leaving so late, have you been drinking... he's looking for inconsistencies and putting some pressure on which you would surely fu(k up if you were under the influence of ... anything , lol. Yah it really started to piss me off :mj: but I understand why he was doing it. The end result him letting me go with a license plate light out and no proof of registration (for the life of me i couldn't find it in my bundle of papers in my glove). But it was easy to see he was hoping to "score" a better stop.

 

[FordSVTFan]

I was over in east texas and had my cruise control set at 78, it was exactly on the line. 6 to 8 over has always been enough to gain a little time but not get any extra attention. I get pulled over and he tells me I was doing 81 and that the speed limit is 65. The speed limit is 70 BUT the NIGHT speed limit is 65. It was 6 o'clock in the MORNING!!! All the sign says is "NIGHT 65". It says NOTHING about when the DAY actually begins for the texas state police, but you're telling me 6AM somehow qualifies as "NIGHT". :cuss:

Then he basically started interrogating me. Asked me where I was going, where I was coming from, why I had been there, how long I had been there, who's in my car, how do I know them, what I do for a living, who the other name on the insurance card is(mine is on there, so any other name is completely irrelevant in this situation)....like any of that matters or is any of his business?? Then he asked me why I didn't pull over immediately....it was probably 10 seconds, but until I pulled over he never got any closer than 500 yards...I wasn't even certain he was going after me until he pulled onto the shoulder behind me!!!

Then he tells me he's going to inspect my car and spent several minutes looking around the outside of it (was in a lincoln navigator, not the cobra, so I doubt he was just checking out my car). He tells me he's going to write a ticket and that I'm not to move from in between the two cars until he gets back. Then he goes and sits in his car for about 10 minutes...finally comes back gives me ticket and leaves. What the **** ever happened to "you were speeding, here's your ticket, have a nice day"??????? Instead I get a bogus interpretation of "Day vs. Night", a ticket for a speed that I know he embellished, and a not so subtle interrogation.

Do you have an actual question? I see in a few place you have "?" but I cant imagine that you want answer to whether any of his questions matter during the traffic stop or why he didnt say "you were speeding here's your ticket, have a nice day".

So was this just the place you decided to write your rant or is there a legitimate question that goes along with posting in this forum? :shrug:

Since you are new here, these are the posting guidelines for this forum:

"This is a forum for information regarding law enforcement, traffic laws, current events in law enforcement, and a place for the boys in blue to hang out. This is NOT the place to flame cops or complain about the ticket you got. If you have questions feel free to ask. This forum is especially for and moderated by police officers.

"Some jerk cop gave me a ticket for no reason" threads, "Cops are pricks because...." and the like are not welcome.

Thank you,

Hillie and FordSVTFan."

 

[senecer01]

Sorry about that, FordSVTFan, the question I intended was how is night/day determined since it's not posted on the signs? I finally found the actual written definition they have on the books, which I think is a little tough to work with: Day begins 30 minutes before sunrise and ends 30 minutes after sunset. I mean, you have to know the times of each in order to know the speed you're allowed to go.

I really hope you're wrong, ChuckV, and he didn't think I was drunk. Not only was I not drunk, I hadn't been drinking...at all. The only thing that would have given him that impression was my reaction to the lights on top of his car when I walked back to meet him. Question...Is there supposed to be a row of really bright white lights just beneath the flashing lights on top of the car? Because as soon as I turned toward his car he turned on another set of lights and I was blinded by these things...I could not even identify the top three quarters of his car, let alone look at it for more than a second or two, it was that bright. Seriously, I was seeing spots for several hours and I still have a headache from that.

 

[Lawfficer]

Look online or call the DA and find out if day and night are determined by a specific time. Most places are going to just say sunrise and sunset. Then go to NOAA or the like and get the Offical time that "Sun Rise" was. See if that time was before or after your ticket time.

If your ticket time is after, simply go into court, and ask the Judge or DA if it is considered Day Time when the sun has Risen. Then show him that Sun Rise was "____" time, and be done with it. Worst case scenario, you get a modified ticket for new correct speed limit.

 

[FordSVTFan]

Sorry about that, FordSVTFan, the question I intended was how is night/day determined since it's not posted on the signs? I finally found the actual written definition they have on the books, which I think is a little tough to work with: Day begins 30 minutes before sunrise and ends 30 minutes after sunset. I mean, you have to know the times of each in order to know the speed you're allowed to go.

As Tony said above, check with NOAA and find the exact time of sunrise for that day and see if you make it within their definition of sunrise. And that will lower you fine, but will not eliminate it.

I really hope you're wrong, ChuckV, and he didn't think I was drunk. Not only was I not drunk, I hadn't been drinking...at all. The only thing that would have given him that impression was my reaction to the lights on top of his car when I walked back to meet him. Question...Is there supposed to be a row of really bright white lights just beneath the flashing lights on top of the car? Because as soon as I turned toward his car he turned on another set of lights and I was blinded by these things...I could not even identify the top three quarters of his car, let alone look at it for more than a second or two, it was that bright. Seriously, I was seeing spots for several hours and I still have a headache from that.

There are a lot of things the officer could have been thinking and that is one of them. But since none of us are that officer it is difficult to speculate. What do you mean is there "supposed" to be a row of really bright lights? There is no uniform code for emergency lights. But the newer light bars have high intensity lights that can be turned on front, back, sides or any combination. They do exactly what you described, they provide additional defense for the officer.

Good Luck with everything.

 

[qwikhuh]

Is there a difference in the fine between day and night because either way you admitted you were speeding....78 in a 70 vs a 65 is still speeding....

 

[SID297]

Then show him that Sun Rise was "____" time, and be done with it. Worst case scenario, you get a modified ticket for new correct speed limit.

Wouldn't that be double jeopardy?

 

[FordSVTFan]

Not double jeopardy as he would have to be tried twice for the same crime. That would just be an amendment of charges.

Plus double jeopardy is a legal remedy that applies to criminal cases.

 

[mswaim]

Those are "felony take-down lights" or that's what we call them. They provide the officer with a tactical advantage and an excellent field of view. We used to reserve them for more serious situations, however the world we work in has changed to the point we must anticipate every contact being "serious situations". Usually once you make contact with your customer and feel comfortable with the situation you can turn them off, but saome officers like to keep them on for the entire stop - it's a judgement call and safe is always better then sorry. :beer:

 

[SID297]

Not double jeopardy as he would have to be tried twice for the same crime. That would just be an amendment of charges.

Plus double jeopardy is a legal remedy that applies to criminal cases.

So if he actually went before a judge and presented his case, like fighting the ticket. The judge rules that that ticket is invalid. He could be reticketed?

 

[Big Vito]

good advice :thumbsup:

Look online or call the DA and find out if day and night are determined by a specific time. Most places are going to just say sunrise and sunset. Then go to NOAA or the like and get the Offical time that "Sun Rise" was. See if that time was before or after your ticket time.

If your ticket time is after, simply go into court, and ask the Judge or DA if it is considered Day Time when the sun has Risen. Then show him that Sun Rise was "____" time, and be done with it. Worst case scenario, you get a modified ticket for new correct speed limit.

 

[FordSVTFan]

So if he actually went before a judge and presented his case, like fighting the ticket. The judge rules that that ticket is invalid. He could be reticketed?

The judge wouldnt rule the ticket was invalid. If the judge found in his favor that it was after sunrise and the 70 mph limit was in effect, the judge would take that evidence into account and find accordingly. Most likely he would find him guilty of 78 in a 70 and fine accordingly.

If in fact the judge threw out the case and dismissed it, then there would be no reticketing as the matter was fully adjudicated by a court of competent jurisdiction.

 

[Lawman85]

The judge wouldnt rule the ticket was invalid. If the judge found in his favor that it was after sunrise and the 70 mph limit was in effect, the judge would take that evidence into account and find accordingly. Most likely he would find him guilty of 78 in a 70 and fine accordingly.

If in fact the judge threw out the case and dismissed it, then there would be no reticketing as the matter was fully adjudicated by a court of competent jurisdiction.

You Feds use such big words....

 

[FordSVTFan]

You Feds use such big words....

I got a thesaurus of the day calender. So, I try to use it :-D