Un-Safe speed

[Tx_Diablous]

:shrug:My question is simple, how do you defend yourself when the ticket is for unsafe speed? I could give all kinds of info about what was going on at the time but it is a fact “from my point of view” that nothing was unsafe nor above the 65 mph speed limit on this 3 lane I45 and there was no racing of any kind involved. When the LEO was asked about what was unsafe his answer was “well that is totally my discretion to determine.” Any speed at any time could in fact be unsafe. I could have done the same thing in a Mini Van and I bet the ticket would have never been written. I know all of us Cobra owners think we can do no wrong, but 40 years with no tickets before Cobra and being pulled over 15 times in less than 5 years is starting to get old. :shrug:

 

[FordSVTFan]

:shrug:My question is simple, how do you defend yourself when the ticket is for unsafe speed? I could give all kinds of info about what was going on at the time but it is a fact “from my point of view” that nothing was unsafe nor above the 65 mph speed limit on this 3 lane I45 and there was no racing of any kind involved. When the LEO was asked about what was unsafe his answer was “well that is totally my desecration to determine.” Any speed at any time could in fact be unsafe. I could have done the same thing in a Mini Van and I bet the ticket would have never been written. I know all of us Cobra owners think we can do no wrong, but 40 years with no tickets before Cobra and being pulled over 15 times in less than 5 years is starting to get old. :shrug:

Did the officer really say it was within his "desecration"? I hope he meant discretion.

What statute were you written under?

Sec. 545.351 (b) An operator: (1) may not drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having a regard for actual and potential hazards then existing; and (2) shall control the speed of the vehicle as necessary to avoid colliding with another person or vehicle that is on or entering the highway in compliance with law and the duty of each person to use due care.

If it was the above noted statute, the officer would have to prove you drove at a speed greater than reasonable and prudent for the conditions without taking into account the potential/actual hazards and that you did not use due care. He would have to articulate to the court how this manifested. You would get a chance to refute his claims.

 

[Tx_Diablous]

§ 545.351. MAXIMUM SPEED REQUIREMENT. (a) An operator may not drive at a speed greater than is reasonable and prudent under the circumstances then existing. “Accident NO, Traffic Moderate, Radar NO”,”circumstances at the time..Normal Highway IH driving” (b) An operator:
(1) may not drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard for actual and potential hazards then existing; “no hazards nor potential hazards existing at the time” and
(2) shall control the speed of the vehicle as necessary to avoid colliding with another person or vehicle that is on or entering the highway in compliance with law and the duty of each person to use due care. “no accident and no persons involved and no know lack of due care”
(c) An operator shall, consistent with Subsections (a) and
(b), drive at an appropriate reduced speed if:
(1) the operator is approaching and crossing an intersection or railroad grade crossing; “not the case”
(2) the operator is approaching and going around a curve; “not the case”
(3) the operator is approaching a hill crest; “not the case”
(4) the operator is traveling on a narrow or winding roadway; “not the case” and
(5) a special hazard exists with regard to traffic, including pedestrians, or weather or highway conditions. “not the case”:shrug:

So translate...My word against his...and the JP will listen to who:shrug:
So I ask...how do you defend yourself:shrug:

 

[BAMM BAMM]

What speed were you going then? Give us some details please......

 

[Tx_Diablous]

65 in middle lane down shifting to 4th to make an exit and merge with right lane. LEO is left lane behind the "I must go below the speed limit because a LEO in here." I will add he said I blew by him...but who in there right mind would blow by a LEO...this car gets pulled over all the time....you think I do not look for these guys?

 

[RDJ]

What speed were you going then? Give us some details please......

this is not likley to happen. at least the honest speed. details would put the op in serious jeapordy of being taken to task for something he did, and the fact there are two sides to every story and we have only heard his.

To the OP: who the JP will believe will depend on the JP and the quality of your story vs. the quality of his. if you are truely without sin here go to court, dress nice, be polite and tell your side of the story. maybe you will get off.

 

[Tx_Diablous]

RDJ...Do you know me? Do you know of times in the past I have lied? You only show why this pisses me off...The LEO just has to be right...and I must be in the wrong...I do not lie...I take my meds..and If I am wrong..I will be the first to tell you I am. Let me tell you what one LEO told me "there are three people out here, me, you, and GOD so who do you think the JP is going to listen to?"

 

[tistan]

Since you have not had a ticket in 40 years, I would think that you would have a lot of credibility in court. Why don't you list the entire detailed chain of events that led up to you being pulled over and ticketed?

 

[Tx_Diablous]

Since you have not had a ticket in 40 years, I would think that you would have a lot of credibility in court. Why don't you list the entire detailed chain of events that led up to you being pulled over and ticketed?

I did..see above:shrug:

 

[tistan]

"65 in middle lane down shifting to 4th to make an exit and merge with right lane." Pretty vague:shrug:.

How much traffic was on the road? Why did you downshift into 4th at 65mph just to change lanes? Did you speed up to get in front of another car so you could get off the exit ramp? How far from the exit ramp were you when you changed lanes? Why were you in the middle lane cruising the speed limit?

 

[RDJ]

RDJ...Do you know me? Do you know of times in the past I have lied? You only show why this pisses me off...The LEO just has to be right...and I must be in the wrong...I do not lie...I take my meds..and If I am wrong..I will be the first to tell you I am. Let me tell you what one LEO told me "there are three people out here, me, you, and GOD so who do you think the JP is going to listen to?"

nope don't know you at all but I do know people fairly well. It is human nature when relating so-called "facts" to spin them so the teller is put in the very best light. you are likely no different. Witness this statement:

65 in middle lane down shifting to 4th to make an exit and merge with right lane. ?

why did you wait so long to move to the right lane that you had to downshift to get ahead of traffic? If you were doing 65mph when you downshifted you didn't do so to slow down as that would be a very stupid thing to do in the middle lane. IF the right lane was clear except for the cop there would have been no reason to downshift. A normal person would move to the right lane, onto the deceleration lane and then downshift if you are going to engine brake. you say traffic was "light" yet there were at least 3 cars in your immediate vicinity. yours, the cop, and whoever else you passed, which would make what you apparently did "unsafe" in most everybodys eyes.

remember this is all based on what YOU posted. I just don't see a cop writing this kind of ticket for nothing. but as I said, if he did, dress nice go to court and tell your story but be prepared to pay the fine.

and just so you know. I am not a cop, nor do I think they are without sin, I just think there is more to this story since 99.9% of the time there is ALWAYS more to the story

 

[FordSVTFan]

§ 545.351. MAXIMUM SPEED REQUIREMENT. (a) An operator may not drive at a speed greater than is reasonable and prudent under the circumstances then existing. “Accident NO, Traffic Moderate, Radar NO”,”circumstances at the time..Normal Highway IH driving” (b) An operator:
(1) may not drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard for actual and potential hazards then existing; “no hazards nor potential hazards existing at the time” and
(2) shall control the speed of the vehicle as necessary to avoid colliding with another person or vehicle that is on or entering the highway in compliance with law and the duty of each person to use due care. “no accident and no persons involved and no know lack of due care”
(c) An operator shall, consistent with Subsections (a) and
(b), drive at an appropriate reduced speed if:
(1) the operator is approaching and crossing an intersection or railroad grade crossing; “not the case”
(2) the operator is approaching and going around a curve; “not the case”
(3) the operator is approaching a hill crest; “not the case”
(4) the operator is traveling on a narrow or winding roadway; “not the case” and
(5) a special hazard exists with regard to traffic, including pedestrians, or weather or highway conditions. “not the case”:shrug:

So translate...My word against his...and the JP will listen to who:shrug:
So I ask...how do you defend yourself:shrug:

It is clear the officer saw things different. You should go to court armed with pictures of the area, the weather reports, the traffic and accident reports, etc. Then question the officer as to what "objective" criteria were used to establish PC for the stop and what he determined and how he determined that. That is how you defend yourself.

I will add he said I blew by him...but who in there right mind would blow by a LEO...this car gets pulled over all the time....you think I do not look for these guys?

People blew by LEOs all the time either because they dont see them, they dont care, or they think they are too busy with other drivers.

As for your statement that "this car gets pulled over all the time," that is silly. Most police officers do not know the difference between a 6cyl mustang and a cobra. It isnt wildly painted and does not stand out in traffic, therefore it is likely that actions of the driver get the officer's attention. I drive a bright red C6 that attracts attention and I have only been pulled over in it once in 6 years and that was for something I did. My car had nothing to do with it.

 

[CPRsm]

I drive a bright red C6 that attracts attention and I have only been pulled over in it once in 6 years and that was for something I did. My car had nothing to do with it.

Try what you did in a white mini van, see if you get the same ticket, or even noticed. oke:

 

[SNCBOOM]

I wasn't aware that LEOs only pull over and cite drivers of flashy cars :lol1:

 

[CPRsm]

Only ? Of course not. Only target those when they need some entertainment

 

[65fastback2+2]

I know all of us Cobra owners think we can do no wrong, but 40 years with no tickets before Cobra and being pulled over 15 times in less than 5 years is starting to get old. :shrug:

it happens. its part of it being a mustang.

Since I started driving (7 years now), Ive been pulled over about 15 times. 12 of those were in a Mustang. I even got pulled over and given other people's tickets.

I quit daily driving a mustang 3 years ago now. Havent been pulled over once since. My wife can attest that I dont drive the Lightning any different lol. But who thinks a gray single cab truck is a hot rod :beer:

 

[FordSVTFan]

Try what you did in a white mini van, see if you get the same ticket, or even noticed. oke:

Either way I earned the ticket. So, is it your estimation that people in white mini vans dont get stopped for traffic infractions?

Myself and the other LEOs can say time and time again it is not the vehicle but the way it is driven that attracts attention and some you will still believe what you want regardless of facts.

 

[oldmodman]

Invest in a few video cameras.
One out the front windshield, one out the back, one over your shoulder pointing at the instruments. Then whenever you are unjustly cited you will have absolute proof of your statement. Provided the video supports your side of the story.:uh oh:

Plus you can post vids on YouTube.

 

[Lt. ZO6]

...this car gets pulled over all the time....

I wonder why...

 

[txyaloo]

I wonder why...

Driver mod?