Possible Speed Trap, Detected by Radar

Status
Not open for further replies.
W

whedgepeth

New Member
I was driving down South McCall Road (SR 776) in Charlotte County. According to the ticket I was pulled over at the intersection of S McCall Rd and Oriole Blvd by a Charlotte Co. Sheriff (S.O.) The posted speed along most of this area is 55 mph, but I was clocked on Zone Stationary Radar Stalker DSR 2X going 59 in a 45. I was completely unaware of the speed limit change and never saw a 45 mph posted sign. I was traveling west bound and the cop was facing west bound in the middle turn lanes. Although I should have been cited for speeding the cop wrote me up for "Violation of Traffic Control Device" for $161.00. Section referenced on the ticket was 316.074(1). I was wondering if I have a case against an unlawful speed trap even though there are many factors to determine it as such.
 
I doubt you can fight it based on it being an illegal speed trap. Even if it was 55 you were speeding. How far from the change of speed limit sign were you?
 
Just because you didn't see the sign doesn't make it a speed trap.

I am curious though... what is the traffic control device that you violated? Were there any stop signs or lights?
I am wondering if he just cited you for the wrong offense.
 
If he did cite you for the wrong thing, and you plead not guilty, when it gets to court if they do not amend the charge before you get there it could be dropped.
 
I did not violate any stop signs or stop lights. I was very polite to the officer when he pulled me over and instead of citing me for speeding he cited me for violation of traffic control device. The road around me was pretty much deserted when I was pulled over even though it was only 8:08 pm, could I make a case that the speed at which I was traveling was not unsafe? The reason I believe the road was clear was because of the large senior population in this area. The only reason I suggested a possibly unjust speed trap was because I had read defenses that proved the lower speed limit was not justified by the characteristics of the road (grade, width, etc.) or traffic accidents in that area.
 
You don't get to decide what a "safe" speed is. The posted speed is what you must abide by, even if you don't agree. It's possible the policeman was being nice to you by citing you for a code section that carries no points as opposed to 59 in a 45 which is 14 over. I would be careful how much you struggle before you find out how nice he was to you. You may end up back with a speeding ticket and points.

Remember, you were speeding after-all. Even if the speed limit was 55 you were speeding. I'm not trying to beat you up, but sometimes you need to just take your licks.

Happy Thanksgiving. I charge double for advice on holidays (Free Free).
 
It sounds as if you may have a case to make regarding the code cited. However, if the citation still shows 59 in a 45, I dunno if the judge can still stick you with it even though not cited by the officer.
Bottom line, if there were no traffic control devices at that location, then you can't have violated that section of the Vehicle Code.
 
Status
Not open for further replies.

Share this page

Get a free case review from a lawyer
Back
Top