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post #1 of 20 Old Aug 20th, 2013, 9:52 am Thread Starter
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Performance award ?????

I got popped with a little award in the car last Thursday in North East Texas. The speed limit would bounce from 75-70-75-70-75 just back and forth so I ended up setting my cruise on 71 and just went about my business. Comming into a small town going around a curve there was a cop sitting on the side of the road. I paid no attention since I was only going one mile over. The red-n-blues came on and I pulled over. The officer said she clocked me doing 71 in a 55 zone.Gave her my paperwork and she came back with a citation. Cut and dry. I did go back to fine the 55 mile an hour sign and sure enough it was there sitting behind the tree on the curve. It's still my fault.
My question is what is the best way to handle this? Defensive driving or check Not Guilty?

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post #2 of 20 Old Aug 20th, 2013, 10:02 am
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Re: Performance award ?????

Quote:
Originally Posted by ibbones
Cut and dry. I did go back to fine the 55 mile an hour sign and sure enough it was there sitting behind the tree on the curve. It's still my fault.
My question is what is the best way to handle this? Defensive driving or check Not Guilty?
I would at least take a photo of the sign from the road to show it wasn't readily visible. In Ontario they have an option that is guilty with an explanation and that is what I would check that since I would confirm that the speed was correct just that you weren't given adequate warning of the change in maximum speed. If that isn't an option in Texas check not guilty. Seems to me a case of revenue generation.

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post #3 of 20 Old Aug 20th, 2013, 12:10 pm
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Re: Performance award ?????

Sorry about your ticket. Sounds like a trap, but most will just pay it and move forward.

Sadly, a local attorney will be able to get it dropped or reduced, but it will probably cost more than the ticket. Maybe insurance upgrades will make it worth it.

I happened to be driving in Texas, just above the speed limit, last weekend and had people passing me on the outside. In Florida, we call that area the berm! Happned more than one time. Really odd..

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post #4 of 20 Old Aug 20th, 2013, 12:37 pm
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Re: Performance award ?????

Sorry about your award, Bones, but you did say East Texas. How those little towns gonna make budget if they don't hide the signs and lie in wait? I'd go the defensive driving route. You get a 10% discount on insurance for the next 3 years and the violation gets expunged. Good luck whichever path you choose.

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post #5 of 20 Old Aug 20th, 2013, 2:47 pm
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Re: Performance award ?????

59/69 North? Defensive driving if you haven't done it in a while.

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post #6 of 20 Old Aug 20th, 2013, 4:43 pm
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Re: Performance award ?????

Just popped up on Yahoo about speed traps...

http://news.yahoo.com/blogs/beyond-t...3178.html?vp=1

Houston and Austin are mentioned..

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post #7 of 20 Old Aug 21st, 2013, 2:14 am
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Re: Performance award ?????

Quote:
Originally Posted by DanDiver
...I happened to be driving in Texas, just above the speed limit, last weekend and had people passing me on the outside. In Florida, we call that area the berm! Happned more than one time. Really odd..
If you're referring to the shoulder of the road, then I would agree it is uncommon, even for Texas. I see it occasionally on the highways in the large cities, but it's usually the inside shoulder. Texas seems to be a magnet for knucklehead drivers, including those who travel the inside lane at or slightly above the speed limit, yet they won't get over to the right to let others pass on inside lane. That really chaps my backside.

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post #8 of 20 Old Aug 21st, 2013, 7:58 am
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Re: Performance award ?????

agree w/Kinsey. Optimum method is DD. Even a traffic ticket lawyer will recommend that first if it's available to you.
If you just want to thumb your nose at the system and go with the lawyer, dismissal rates are pretty good but the lawyer will know their chances with the county/township's track record and can advise best.

Before that double nickel sign, there should have been a 'reduced speed ahead' or 'speed zone' sign. Yeah, most people ignore those more than the speed limit itself.

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post #9 of 20 Old Aug 21st, 2013, 9:18 am Thread Starter
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Re: Performance award ?????

Quote:
Originally Posted by D.Kinsey
59/69 North? Defensive driving if you haven't done it in a while.
It was on 59 just coming into Tenaha, Texas.
I am planning on the Defensive Driving class. It's been since the 1990's that I was wrote a speeding ticket. Been stopped and giving a warning a few times and was hoping this was one of those times.
Guess what I will be doing this weekend?

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post #10 of 20 Old Aug 21st, 2013, 11:41 am
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Re: Performance award ?????

This reminds me of the time I was stationed in San Antone. I got pulled over for doing a wheelie at a stop sign up around Canyon Lake. The LEO came out of nowhere, and he wrote me up for "exhibition of acceleration". IIRC, I had to tell him at that time how I wanted to plea/take care of the citation, so I told him I'd mail in the fine. Later, I got the bright idea to call in, informing them I changed my mind and wanted a trial by jury. I never heard from them again. I guess the JP in that Podunk jurisdiction couldn't round up enough interested folks to be jurors.

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post #11 of 20 Old Aug 21st, 2013, 11:14 pm
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Re: Performance award ?????

Few years ago I got a $100 citation on my way out of Austin because my lights had gone out. I told the officer I was on my way back home and would get it fixed but in the mean time could I use my high beams and adjust them down. He never looked up, just wrote out the ticket and told me to be careful. Guess that got him one more closer to his quota for the day.


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post #12 of 20 Old Aug 22nd, 2013, 9:27 am
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Re: Performance award ?????

Quote:
Originally Posted by Gruivis
Few years ago I got a $100 citation on my way out of Austin because my lights had gone out. I told the officer I was on my way back home and would get it fixed but in the mean time could I use my high beams and adjust them down. He never looked up, just wrote out the ticket and told me to be careful. Guess that got him one more closer to his quota for the day.
I have it on good authority "There are not quotas!!!" ....but there are targets.

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post #13 of 20 Old Aug 22nd, 2013, 12:02 pm
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Re: Performance award ?????

Quote:
Originally Posted by gerhard
I would at least take a photo of the sign from the road to show it wasn't readily visible.
Gerhard
My wife went this route once when a "no right on red" sign was completely obscured by a tree ... judge asked the LEO how he would rule on the case ... LEO said "guilty", judge said "guilty". Lost a bit of faith in blind justice that day.

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post #14 of 20 Old Aug 22nd, 2013, 12:32 pm
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Re: Performance award ?????

I just got my performance award a couple of weeks ago. First one in about 20 years. Old man pulls in front of me as I'm heading out of town. He's going 15 mph. I can't get around him because of oncoming traffic. Finally traffic clears and I wait until I clear the last house in town, then blip the throttle in 2nd gear and pass him. Cop pulls me over and hits me for a 59 in a 30. $140 ticket. I wasn't going near that fast I tell him, but he says I gunned it just a little too early. When he 1st walked up he says BMW, huh? I prefer Harleys myself. (you know what I was thinking). I say it was my retirement gift to myself. He says I was riding Harleys way before that. He hadn't looked at my license yet, let alone know when I retired. I had a 'really' good comeback, but didn't say it, as I didn't want to go to jail or increase my charges. In the meantime my friend who I had just visited tells me this guy is know for being a genuine A-hole, and has a personal license plate that says CUFFM. Great advertisement for public relations there. Also, a couple of days after this he has a major heart attack and is rushed to the hospital, where he has two more, and its questionable at 46 where he's going to make it or not. Now, I'm not gloating over a man who loses his health or life, but this does bring another factor into the situation. I can plead guilty and pay the ticket, or go to court on the 27th to plead my case. It used to be in Illinois that if the the arresting office doesn't show up, the case is dismissed. Everything I've read online says this is still the case, but I'm not absolutely sure. I told my wife that for $140 I'm going in to have my say. He is not going to be there....

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post #15 of 20 Old Aug 22nd, 2013, 11:26 pm
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Re: Performance award ?????

Raz, if I were you I'd go to court. The officer has to be present for the prosecutor to make a case. It's not just the cost of the ticket but points and increased insurance fees for 3+ years. And remember you can't be compelled to testify against yourself.

Sorry to hear about the officer.


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post #16 of 20 Old Aug 23rd, 2013, 10:09 am Thread Starter
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Re: Performance award ?????

[QUOTE=Razmataz and has a personal license plate that says CUFFM. .[/QUOTE]I think that's pretty clever but I agree, it does look bad on the department.

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post #17 of 20 Old Aug 24th, 2013, 12:35 am
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Re: Performance award ?????

Quote:
Originally Posted by Gruivis
Raz, if I were you I'd go to court. The officer has to be present for the prosecutor to make a case. It's not just the cost of the ticket but points and increased insurance fees for 3+ years. And remember you can't be compelled to testify against yourself.

Sorry to hear about the officer.
That's what I'm going to do, go to court. Another friend suggested I go in and talk to the states attorney that 'she' is not as unreasonable as some say, but I'm afraid that I will tip my hand on what I'm planning to do. Which may not make any difference anyway. I told all my family & friends that I wasn't going to that town anymore, but my wife and I slipped back through there today after making a little 300 mile trip over to the Illinois river. Its right smack dab in the middle of every place I go. Stay tuned.

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post #18 of 20 Old Oct 5th, 2013, 12:13 pm
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Re: Performance award ?????

Update: So I decide I'm going to court. After a week or so, listening to reports about the status of the arresting officer's health ( he's on life support and has never regained consciousness) I call the states attorney and have a chat with her. Very nice lady and very polite. I tell her my story and she says, "well you can take the online course and it will never go on your record." I say, "I can't do that because of the information sent to me my ticket doesn't allow me to do that because I was supposedly clocked too high. She says, "well we can knock that down from $140 to $120 and you can pay $42.50 for the course."
I say that I'm not going to do this because this is a bogus ticket and I'm going for dismissal. And I would like of 'motion of discovery' on all the records of car, radar, tuning forks, logs of tuning, officer's training and records, and logs on the radar that day. She says just send us a letter request and they would be glad to send it to me, that I have plenty of time. I asked her if the arresting officer is going to be there, because I have lots of questions for him. She replies that I certainly hope so. That's when I reveal to her that I'm aware of his situation. She then says that she is not allowed to give me advice over the phone. (I get it) So we politely end the conversation. I comply and never receive anything from them. So now they have not even complied with motion of discovery of which I'm entitled to. In the meantime the officer passes away, and may God rest his soul.
I have about a month to gather and practice what I'm going to do and say in court. I mean all those years of watching Perry Mason, Columbo, and Matlock are now going to pay off! I'm ready...court day. I go in about an hour early to watch the proceedings. Your name is called. You approach the bench. Judge asks if you are that person and to state how old you are and date of birth. Charges are read then discussions.
My name is called and as I'm approaching the bench the assistant states attorney says to the judge, "We have dismissed this case." The judge looks at me and says, Mr. Fendley your case has been dismissed and you are free to go." What!!!! (I'm thinking) I don't even get to rip anybody's a$$! The judge is looking at me like you better not say nothing, so I bite the bullet and humbly retreat to the exit knowing full well that anything I say at this point is only going to cost me money or worse. Long story short CASE DISMISSED. One observation on all of this was that the state gave me ample opportunity to pay them money as most people will vs losing a couple of days pay. But I'm retired...and I could wait it out....

BMW 1200 LTC 2002


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post #19 of 20 Old Oct 5th, 2013, 3:12 pm
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Re: Performance award ?????

Good for you! Too bad about the deceased LEO - way too young for that to happen. I just got my first award in 42 years for doing 60 in a 55 zone on Malibu Canyon (it was actually a 45 zone). I'll probably just do an on-line course...
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post #20 of 20 Old Oct 16th, 2013, 8:17 pm
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Re: Performance award ?????

Speed laws and enforcement thereof are way more about revenue enhancement than safety.

B D R
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