Mountain driving, speeding or not...
05-13-2018, 05:21 PM
#1
Mountain driving, speeding or not...
Ok, so now I'm a little paranoid. I just got my first speeding ticket in 15 or more years (can't remember exactly). This happened on the way back from RTD. I kind of feel stupid for asking this but just want to clarify. Say I'm on a 55mph road but a lot of that road is very curvy and say I'm doing 40 mph around a 25mph marked curve. I'm still well under the speed limit and my tires aren't squealing and the car isn't lurching or doing anything crazy I'm fine right? The curve signs are just recommendations as far as I understand and are meant for all vehicles. So has anyone here had problems with cops pulling them over for fast cornering while still under the road's speed limit? I'm not talking about if you were sliding of squealing tires.
05-13-2018, 05:30 PM
#2
Join Date: Aug 2012
Location: Foothills East of Sacramento
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Yes. At the time of the ticket you can state you were under the speed limit. LEO can disagree but the point is establishing a point for court later.
Take it to court. Explain your case after reviewing who owns the road, who was the LEO, and what are the actual specifics of the law in question. Build you case around refuting the actual highlights of the written law.
Lots of things will come out to dry in court. It takes time but it may be worth it.
Take it to court. Explain your case after reviewing who owns the road, who was the LEO, and what are the actual specifics of the law in question. Build you case around refuting the actual highlights of the written law.
Lots of things will come out to dry in court. It takes time but it may be worth it.
05-13-2018, 05:31 PM
#3
I think that's correct. The yellow speed signs are cautions rather than limits. Were you pulled over for speeding or for reckless driving and they ended up reducing it to speeding?
What state are you in?
What state are you in?
05-13-2018, 05:46 PM
#4
Yes. At the time of the ticket you can state you were under the speed limit. LEO can disagree but the point is establishing a point for court later.
Take it to court. Explain your case after reviewing who owns the road, who was the LEO, and what are the actual specifics of the law in question. Build you case around refuting the actual highlights of the written law.
Lots of things will come out to dry in court. It takes time but it may be worth it.
Take it to court. Explain your case after reviewing who owns the road, who was the LEO, and what are the actual specifics of the law in question. Build you case around refuting the actual highlights of the written law.
Lots of things will come out to dry in court. It takes time but it may be worth it.
Yes, I made another post about it, floating around near this one. My ticket was reduced to speeding. Not reckless driving. I live in WV and the ticket was in VA.
05-14-2018, 06:27 AM
#5
Join Date: Aug 2012
Location: Foothills East of Sacramento
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In this case, you may be able to prove you were not speeding. (If indeed you were less than the posted speed limit for the road) Even if you were exceeding the recommended yellow signs speed, you can show, perhaps, the weather was perfect, roads dry and warm, no traffic, car able to handle it, and tires to match. That is, for the conditions at the time of the ticket, you were not speeding but safely negotiating the turns.
05-14-2018, 12:48 PM
#6
If he wrote he ticket as 59 in a 40 mph zone, and it WASN'T a 40 mph zone, but merely a 40 mph suggestion for a curve, then the ticket can be thrown out.
If he wrote it as whatever that States equivalent of too fast for conditions, then its his word against yours, and guess what, your word isn't as good as his. All he has to do is say curve suggested speed is 40, and you were going much faster than that. You could argue all you want about tire, conditions, and cars capabilities. But if cop says in his opinion, you lose.
But it seems like him 'doing you a favor' may bite him if what he wrote isn't really valid.
My take is, its a play on car salesman tactic of I do you a favor, you feel obligated to do me one. I talked to 'the manager' and got you a deal, so you buy a car you don't really want. I reduced your ticket, so you just pay it, even if the ticket he changed it from was actually cheaper or less points.
Their favor is no favor at all.
If he wrote it as whatever that States equivalent of too fast for conditions, then its his word against yours, and guess what, your word isn't as good as his. All he has to do is say curve suggested speed is 40, and you were going much faster than that. You could argue all you want about tire, conditions, and cars capabilities. But if cop says in his opinion, you lose.
But it seems like him 'doing you a favor' may bite him if what he wrote isn't really valid.
My take is, its a play on car salesman tactic of I do you a favor, you feel obligated to do me one. I talked to 'the manager' and got you a deal, so you buy a car you don't really want. I reduced your ticket, so you just pay it, even if the ticket he changed it from was actually cheaper or less points.
Their favor is no favor at all.
05-14-2018, 01:42 PM
#7
Are you changing this to a "what if?" Yellow signs are officially advisory. Eveywhere in the USA. No local tweaks to trap unwary motorists. Makes no difference if the advisory is for cows crossing the road, low flying aircraft, or a recommended maximum speed to take a curve or ramp. It's not illegal to ignore advice -- most of us do it daily. You cannot be charged with a non-crime.
-- Chuck
-- Chuck
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05-14-2018, 02:58 PM
#8
Community Organizer
Unless the sign states "Limit," it's advisory. I have never had a cop bother me for exceeding an advisory while within the limit in any state I've been to.
05-14-2018, 03:07 PM
#9
If he wrote he ticket as 59 in a 40 mph zone, and it WASN'T a 40 mph zone, but merely a 40 mph suggestion for a curve, then the ticket can be thrown out.
If he wrote it as whatever that States equivalent of too fast for conditions, then its his word against yours, and guess what, your word isn't as good as his. All he has to do is say curve suggested speed is 40, and you were going much faster than that. You could argue all you want about tire, conditions, and cars capabilities. But if cop says in his opinion, you lose.
But it seems like him 'doing you a favor' may bite him if what he wrote isn't really valid.
My take is, its a play on car salesman tactic of I do you a favor, you feel obligated to do me one. I talked to 'the manager' and got you a deal, so you buy a car you don't really want. I reduced your ticket, so you just pay it, even if the ticket he changed it from was actually cheaper or less points.
Their favor is no favor at all.
If he wrote it as whatever that States equivalent of too fast for conditions, then its his word against yours, and guess what, your word isn't as good as his. All he has to do is say curve suggested speed is 40, and you were going much faster than that. You could argue all you want about tire, conditions, and cars capabilities. But if cop says in his opinion, you lose.
But it seems like him 'doing you a favor' may bite him if what he wrote isn't really valid.
My take is, its a play on car salesman tactic of I do you a favor, you feel obligated to do me one. I talked to 'the manager' and got you a deal, so you buy a car you don't really want. I reduced your ticket, so you just pay it, even if the ticket he changed it from was actually cheaper or less points.
Their favor is no favor at all.
I just want to clarify that this thread is not directly related to my speeding ticket mentioned in the other thread. In the case of the ticket I was on a straight stretch of road.
The reason I am asking about this is it was always in the back of my mind and now that I did get an unrelated ticket I am more worried about getting another one in the future and just wanted to be clear on the point of fast cornering within the overall speed limit.
