Speeding - kinda

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tcrankwa

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Hi Folks!

I've been reading this forum for the last couple years and have enjoyed it immensely. However, I never thought I'd be asking for advice.

First a little background. I've driven commercial vehicles hauling mostly propane for the last 35 years. In that span I've not even had a parking ticket. I've been an instructor in this regard and also taught the evap classes for our Fire Department.

Last week I was travelling on a road I rarely use. It connects a minor HWY with I84 in Elmore County. The posted speed limit is 55mph.

This is high desert country and, in this vicinity, quite flat and I could see the Officers working five miles away. I was not worried as I knew the speed limit and was driving accordingly.

As I approached within a mile of where the Officers were working a hay truck pulling doubles pulled-out from a side road and immediately moved to the shoulder to let me overtake. These vehicles are quite slow and the drivers are usually very courteous this way.

I easily passed him without having to accelerate and within a short distance was passing where the Officers were waiting at a pullout. As I passed at 55mph the Deputy Sheriff vehicle immediately pulled me over.

I thought this strange, or possibly, one of my friends on the Department but no such luck. He asked me if I knew what the speed limit was and I said "yes, 55mph" to which he replied that it was 45mph and issued me a citation.

As it turned-out I had to retrace my steps later that afternoon on an unrelated service call and there is indeed a 45mph speed limit sign. Unfortunately this sign is 90' past the side road the hay truck pulled-out from. Evidently while overtaking the hay truck we passed the sign without my being able to see it.

I'm quite proud of my driving record and I'd like to keep it intact as I refer to it in my instruction.

Do I have any chance? How do I proceed?
 
Yes, you have a chance. Given your record and qualifications you could make a convincing argument to the judge if you take this to court.

Here in California commercial driver's can no longer take traffic school to keep these offenses off their record. If this is the case for you then you certainly want to have your say in court. If court is a hassle and traffic court is an option then you could opt to pay the fine and do traffic school.

Given the circumstances, if I were you I would explain myself in court and hope for the best. The deputies were obviously waiting there because of the reduced speed, but if you could not see the sign then you kinda get hosed.

How to proceed- appear in court on the given date and plead not guilty. You will likely be given another court date on which you will return and have your opportunity to speak with the judge and question the deputy.
 
Well said mightymoose. My dad was having the same problem but the court didn't react to this. Hope it work for tcrankwa..
 
Thanks Folks!

Reading the back of the citation is where I got confused. I work closely with law enforcement and understand the Deputy was just doing his job. I'm an honest person and didn't know how to plead.

Was I speeding? Undoubtedly or the Deputy would not have stopped me. Did I KNOW I was speeding. No.

Again, thanks for your insight!

Terry
 
When it gets down to it, it doesn't really matter that you didn't know you were speeding. All that matters is that you were.
You can try to explain it away and get it dismissed or reduced, but there is no way to tell what kind of result you might have.
 
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