very razzled

BMW135iCA · 07-29-2008, 05:59 AM

So the other night I am taking my usual road home from work. Now the road is being repaved so you can no longer see the old lines, but I know the exact section of the road where it turns dotted and you can pass someone. Well last night I arrive at that part of the road and I am behind people that I wanted to pass. Well guess what happens, a police officer sees me do this, and gives me two tickets saying the road is not dotted and I was speeding. I was so man, I told him it is and the guy did not seem to klnow that road at all. So now I have to go to court for going 26 mph over the speed limit. I am fighting this because I know I did nothing wrong. It just makes me mad, yeah and at the same time he compliments my car on how it is made for speed or something like that. I love my car, but sometimes the attention is from the wrong people.

Chris

JTdrivin1 · 07-29-2008, 06:09 AM

ouch man.... you'll prolly be able to get off on the passing charge, but you're still not allowed to speed when you are passing but i'm sure you can get it reduced. good luck..

jbenington86 · 07-29-2008, 06:37 AM

thats shitty trying to give you a ticket for passing

jkp1187 · 07-29-2008, 06:42 AM

Perhaps you ought to take a picture of the road showing how it's unpainted (before they finally get around to painting it!) And if they DO paint it later with a dotted line, a picture of that would also help, no?

And have the pics notarized along with a statement to the effect that these photographs accurately represent the conditions of the road where you were arrested.

No guarantees (after all, ignorance of the law is no excuse and all that,) but it'll probably make you look more reasonable before the judge and all that, even if the officer was 100% right.

(Naturally, this isn't legal advice or anything. If you want legal advice, hire and consult an attorney.)

TP 135i · 07-29-2008, 07:08 AM

OK...26 over the limit...You are so guilty on that one.
The passing thing, I'm not so sure. I thought the "law" on that was that you were not allowed to cross a "solid" line to pass. Since there was no line, did you violate the law??? I don't think so.
Anyway, good luck.

1speedbike · 07-29-2008, 08:57 AM

if there were no lines whatsoever on the road, then technically you could pass without breaking the law whether or not there were solid or dotted lines there before. no lines means no lines.. the 26 over, though, i'm sure is more accurate, considering the 1 haha

yankees25 · 07-29-2008, 09:07 AM

Can you zoom in enough in Google Earth to see the pre-paving lines on the road? That may be decent enough to take to court with you.

warmtoes · 07-29-2008, 09:19 AM

Quote:

Originally Posted by yankees25

Can you zoom in enough in Google Earth to see the pre-paving lines on the road? That may be decent enough to take to court with you.

Most sat maps on Google Earth are dated so if construction is a recent thing you'd have to be pretty lucky to have that part of the map updated recently.

TP 135i · 07-29-2008, 09:41 AM

Quote:

Originally Posted by warmtoes

Most sat maps on Google Earth are dated so if construction is a recent thing you'd have to be pretty lucky to have that part of the map updated recently.

Exactly backwards.....the "old" map will show the dashed lines BEFORE the new paving was installed and the lines were eliminated.
Also try MSN maps.....much better resolution and they have a "birds eye" view (for many areas, not all) that allows you to rotate the view from all 4 sides.

larryn · 07-29-2008, 09:51 AM

Repaving = construction zone too. In Massachusetts, they'd double the fines for speeding. I thought they had a similar law in New Hampshire.

I agree with the others that passing is not a license to speed for that short section, although it would be a good argument that unless you do pass as quickly as possible, you're being more dangerous passing and not exceeding the speed limit, for that short burst.

If there were no lines on the street, passing is allowed. Only signage that states no passing, or solid double lines means no-passing. So, you should get out of that one.

BMW135iCA · 07-29-2008, 10:59 AM

Well I talked to a friend of mine who said he is going to try and take care of this. He is a police officer in the next town and knows police officers in the town I got the ticket in. I drove this road again today and the dotted lines can still be seen, so if my friend can not help me out, I am going to take pictures of the road.

Chris

coco_m3 · 07-29-2008, 11:02 AM

That sucks.
He will never show in court, he will be to busy at Dunkin Donuts.

gatorfast · 07-29-2008, 11:05 AM

Quote:

Originally Posted by BMW135iCA

So now I have to go to court for going 26 mph over the speed limit. I am fighting this because I know I did nothing wrong.

:iono:

esses · 07-29-2008, 11:37 PM

You must accelerate to pass, thats good for a few of those 26 mph over. After that you need to find out all about how the cop calculated your speed. When I say all about I mean all about.

eg: how many seconds did it take him to press down on the trigger of the radar gun? When was the ladar last calibrated? Where was the cop in relation to you? Clear line of sight? What angle? When was the last civil engineering inspection conducted for the stretch of the road that the cop alleges you sped on? What were the results? Did the cop indicate that he had to give you a ticket because he pulled you over and called it in to dispatch? Was the cop on duty? For how long? Has the cop ever been disciplined for drinking on the job (you might be shocked at the % that are....)? Does the cop wear glasses? What prescription? When were his eyes last checked? Etc, etc.

The best defense to a speeding ticket is a good offense. Good luck. :smile:

backtoreality15 · 07-30-2008, 02:43 AM

Quote:

Originally Posted by TP 135i

OK...26 over the limit...You are so guilty on that one.
The passing thing, I'm not so sure. I thought the "law" on that was that you were not allowed to cross a "solid" line to pass. Since there was no line, did you violate the law??? I don't think so.
Anyway, good luck.

If it really was 26mph over, that's going to be hard to fight. Definitely try to reduce it as you WERE passing after all.

BMW135iCA · 07-30-2008, 06:05 AM

I understand the speeding thing may not get taken away but the passing on solid lines should because there are dotted lines and now I have some pictures. I am really hoping my friend can take care of this for me, if he can it would be a huge relief.

Chris

07-29-2008, 05:59 AM	#1
BMW135iCA Second Lieutenant 13 Rep 242 Posts Drives: Join Date: Nov 2007 iTrader: (0)	very razzled So the other night I am taking my usual road home from work. Now the road is being repaved so you can no longer see the old lines, but I know the exact section of the road where it turns dotted and you can pass someone. Well last night I arrive at that part of the road and I am behind people that I wanted to pass. Well guess what happens, a police officer sees me do this, and gives me two tickets saying the road is not dotted and I was speeding. I was so man, I told him it is and the guy did not seem to klnow that road at all. So now I have to go to court for going 26 mph over the speed limit. I am fighting this because I know I did nothing wrong. It just makes me mad, yeah and at the same time he compliments my car on how it is made for speed or something like that. I love my car, but sometimes the attention is from the wrong people. Chris
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07-29-2008, 06:09 AM	#2
JTdrivin1 1 Love 5 Rep 255 Posts Drives: 2011 135i 6MT Join Date: Mar 2008 Location: NY iTrader: (0)	ouch man.... you'll prolly be able to get off on the passing charge, but you're still not allowed to speed when you are passing but i'm sure you can get it reduced. good luck..
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07-29-2008, 06:37 AM	#3
jbenington86 Major 58 Rep 1,201 Posts Drives: 2015 M235i, 2017 Tundra Join Date: May 2008 Location: TX iTrader: (0) Garage List 2015 M235i [0.00] 2008 128i [0.00]	thats shitty trying to give you a ticket for passing
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07-29-2008, 06:42 AM	#4
jkp1187 Unindicted co-conspirator 66 Rep 1,734 Posts Drives: to work, mostly. Join Date: Oct 2008 Location: Pittsburgh, Pennsylvania / Detroit, Michigan iTrader: (0)	Perhaps you ought to take a picture of the road showing how it's unpainted (before they finally get around to painting it!) And if they DO paint it later with a dotted line, a picture of that would also help, no? And have the pics notarized along with a statement to the effect that these photographs accurately represent the conditions of the road where you were arrested. No guarantees (after all, ignorance of the law is no excuse and all that,) but it'll probably make you look more reasonable before the judge and all that, even if the officer was 100% right. (Naturally, this isn't legal advice or anything. If you want legal advice, hire and consult an attorney.)
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07-29-2008, 07:08 AM	#5
TP 135i Major 29 Rep 1,340 Posts Drives: 2008 135i SGM MT Join Date: Nov 2007 Location: Finksburg, Maryland iTrader: (0) Garage List 1995 Acura Integra SE [0.00] 2008 BMW 135i [0.00] 2006 Porsche Cayman S [0.00] 1999 Toyota 4-Runner [0.00]	OK...26 over the limit...You are so guilty on that one. The passing thing, I'm not so sure. I thought the "law" on that was that you were not allowed to cross a "solid" line to pass. Since there was no line, did you violate the law??? I don't think so. Anyway, good luck. __________________ 2008 135i SGM
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07-29-2008, 08:57 AM	#6
1speedbike Brigadier General 734 Rep 3,274 Posts Drives: 2022 X4 M40i, 2008 135i Join Date: Jun 2008 Location: MKE iTrader: (15)	if there were no lines whatsoever on the road, then technically you could pass without breaking the law whether or not there were solid or dotted lines there before. no lines means no lines.. the 26 over, though, i'm sure is more accurate, considering the 1 haha __________________ 2022 X4 M40i - 2008 135i - 2015 F700GS On Order - 2024 i4 M50 Scruffy's gonna die the way he lived... Mmhm.
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07-29-2008, 09:07 AM	#7
yankees25 New Member 2 Rep 11 Posts Drives: Join Date: Sep 2007 iTrader: (0)	Can you zoom in enough in Google Earth to see the pre-paving lines on the road? That may be decent enough to take to court with you.
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07-29-2008, 09:51 AM	#10
larryn Lieutenant General 2148 Rep 10,176 Posts Drives: '97 332ti, '21 X5 45e, '16 GT4 Join Date: May 2005 Location: Seattle iTrader: (2)	Repaving = construction zone too. In Massachusetts, they'd double the fines for speeding. I thought they had a similar law in New Hampshire. I agree with the others that passing is not a license to speed for that short section, although it would be a good argument that unless you do pass as quickly as possible, you're being more dangerous passing and not exceeding the speed limit, for that short burst. If there were no lines on the street, passing is allowed. Only signage that states no passing, or solid double lines means no-passing. So, you should get out of that one.
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07-29-2008, 10:59 AM	#11
BMW135iCA Second Lieutenant 13 Rep 242 Posts Drives: Join Date: Nov 2007 iTrader: (0)	Well I talked to a friend of mine who said he is going to try and take care of this. He is a police officer in the next town and knows police officers in the town I got the ticket in. I drove this road again today and the dotted lines can still be seen, so if my friend can not help me out, I am going to take pictures of the road. Chris
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07-29-2008, 11:02 AM	#12
coco_m3 Brigadier General 167 Rep 4,311 Posts Drives: Supercharged E90 M3 Join Date: Mar 2008 Location: SL,UT iTrader: (1) Garage List 2008 BMW M3 [0.00] 2010 BMW E90 335i [0.00]	That sucks. He will never show in court, he will be to busy at Dunkin Donuts. __________________
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07-29-2008, 11:37 PM	#14
esses • 19 Rep 709 Posts Drives: like I stole it. Join Date: Apr 2008 Location: Bay Area iTrader: (1)	You must accelerate to pass, thats good for a few of those 26 mph over. After that you need to find out all about how the cop calculated your speed. When I say all about I mean all about. eg: how many seconds did it take him to press down on the trigger of the radar gun? When was the ladar last calibrated? Where was the cop in relation to you? Clear line of sight? What angle? When was the last civil engineering inspection conducted for the stretch of the road that the cop alleges you sped on? What were the results? Did the cop indicate that he had to give you a ticket because he pulled you over and called it in to dispatch? Was the cop on duty? For how long? Has the cop ever been disciplined for drinking on the job (you might be shocked at the % that are....)? Does the cop wear glasses? What prescription? When were his eyes last checked? Etc, etc. The best defense to a speeding ticket is a good offense. Good luck. :smile: __________________
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07-30-2008, 06:05 AM	#16
BMW135iCA Second Lieutenant 13 Rep 242 Posts Drives: Join Date: Nov 2007 iTrader: (0)	I understand the speeding thing may not get taken away but the passing on solid lines should because there are dotted lines and now I have some pictures. I am really hoping my friend can take care of this for me, if he can it would be a huge relief. Chris
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