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Can I be issued a citation based on what I said?

Discussion in 'Speeding Tickets, Traffic & Moving Violations' started by Golfball2k6, Jan 14, 2022.

  1. Golfball2k6

    Golfball2k6 Law Topic Starter New Member

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    Jurisdiction:
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    I was involved in an accident on the Interstate last weekend. The other operator hydroplaned on icy roads and slid into me, spinning us both out, and into an embankment.

    1. Trooper asked how fast I was travelling. My answer was that "I was well under the speed limit due to road conditions". He then says, "I didn't ask if you were over or under the speed limit, I asked how fast you were going". To which I replied, "I don't know, maybe 60mph"?

    2. Trooper issued a citation for unsafe speed because there was apparently a speed restriction of 45mph on the Interstate at the time, due to road conditions. He wrote me up for 65mph.

    So, my questions:

    1. How can I receive a citation for travelling a certain speed when nobody measured my speed?

    2. Can my "admission" of "maybe 60" be held against me? I may have been going 45 for all I know. I know I was travelling at a safe speed considering the road conditions.

    3. Is there an expectation, during inclement weather, that you should check online or whatever resources (who knows?), to find out if the state has issued a speed restriction on the Interstate?

    4. How can the trooper write me up for a higher speed than I semi-admitted to?
     
  2. army judge

    army judge Super Moderator

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    How? You "ratted" on yourself, mate.


    ANYTHING you say can, and will be used against you!!!

    The HOW is always explained by the DID.

    I suggest you attempt to get traffic school (if that is available in your state), otherwise hire yourself a lawyer!!!
     
    Red Kayak likes this.
  3. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    1. Because you told him your speed.
    2. Then you should have told him you were going 45.
    3. Good question.
    4. Because paper will sit there and let you write anything on it.
     
  4. mightymoose

    mightymoose Moderator

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    You told him you did not know and guessed. Challenge the citation and when the time comes the officer will have to give evidence of how your speed was determined.
    If this is all there is then you are on your way to an easy dismissal.

    Regardless of what the officer said, the speed limit is whatever was posted at the time.
     
  5. adjusterjack

    adjusterjack Super Moderator

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    Officers issue citations based on "information and belief." That's the how. You estimated, he estimated, you got cited.

    Yes.

    That's the problem. You don't know how fast you were going and you should have known. Especially on icy roads.

    Maybe not. But there is an expectation that you slow down on icy roads.

    It's a tactic to get you to admit in court that you were going a lesser speed but still unsafe.
     
  6. zddoodah

    zddoodah Well-Known Member

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    Because you admitted to a particular speed.

    Yes.

    Then why did you say "60"? You can certainly offer this in your defense if you choose to contest the ticket. The judge may or may not believe you.

    By writing a "5" instead of a "0". Seriously, I'm not sure what this question means.
     

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