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Unread 05-18-2009, 08:42 AM   #11
WARHORSE
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[quote=Shadow;89935] I didn't see anything in the statutes that made 50 over a criminal violation.
[quote]

Part 2 of this refers to 50 mph over, I have not seen where it criminalizes this or makes it a felony. It says this person shall be cited for a moving violation so I would assume that means NOT a felony

http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0316/SEC1926.HTM&Title=->2008->Ch0316->Section%201926#0316.1926

Part 7 of 316.183 Unlawful speed

(7) A violation of this section is a NONcriminal traffic infraction, punishable as a moving violation as provided in chapter 318.
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Unread 05-18-2009, 09:18 AM   #12
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30 over is a mandatory court date. It's still an infraction (meaning you don't go to jail for it alone). 50 over (which was really designed for the crotch rocket motorcycles that race on the highway) is still just a ticket. The fine can be very outrageous as well as the suspension of the license.

There is no set "reckless" speed. The person can in theory be cited for 165 mph in a 55 zone on the highway without technically being "reckless" (just a mandatory 30 or above court date). The reckless takes into account things such as the speed, traffic conditions, weather, number of cars around you in danger by your actions, etc. That is an opinion issue that the officer has to convey in court as to why it appeared to be a willful and wanton disregard for the life safety and property of the others around the violator. In some cases like blasting up the Suncoast Parkway at 30 or 40 over if the area is close to exit/on ramps or traffic is heavy then reckless MAY apply (as one lone example). It is all a variable thing. I know that the reckless charge is not commonly used in poor context. The officers usually see something that specifically needs attention before someone gets hurt.
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Unread 05-18-2009, 09:38 AM   #13
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[quote=WARHORSE;89937][quote=Shadow;89935] I didn't see anything in the statutes that made 50 over a criminal violation.
Quote:

Part 2 of this refers to 50 mph over, I have not seen where it criminalizes this or makes it a felony. It says this person shall be cited for a moving violation so I would assume that means NOT a felony

http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0316/SEC1926.HTM&Title=->2008->Ch0316->Section%201926#0316.1926

Part 7 of 316.183 Unlawful speed

(7) A violation of this section is a NONcriminal traffic infraction, punishable as a moving violation as provided in chapter 318.

Read further. The punishment get's progressively worse.

A third violation makes it a FELONY

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(c) A person cited for a third violation of s. 316.1926 commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Upon conviction, the court shall impose a fine of $5,000, revoke the person's authorization and privilege to operate a motor vehicle for a period of 10 years, and order the person to surrender his or her driver's license.
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Unread 05-18-2009, 09:41 AM   #14
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Guess I'll stay at 25mph over and keep the rest for the track
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Unread 05-18-2009, 09:47 AM   #15
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Quote:
Originally Posted by WARHORSE View Post
Guess I'll stay at 25mph over and keep the rest for the track
Good idea. The 4mph tickets are a false story (unless it's school zones or construction zones - otherwise FL law says under 5mph over is a mandatory warning). The tickets from that point upward though can get very expensive and I hate to say it but the cities and FHP really are on a push to get revenue back in the departments with tickets. The officers are not making the tickets up, but they do look more proactively and agressively for more hours of the day to make their supervisors in office happy. The County Sheriff's Departments have not stepped up the enforcement beyond the normal efforts seen before the economic tax problem in my opinion, just the cities and State Troopers following orders to "make the roads safer".
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Unread 05-18-2009, 10:13 AM   #16
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I got a ticket for 8 mph over on 395
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Unread 05-18-2009, 10:16 AM   #17
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Quote:
Originally Posted by WARHORSE View Post
I got a ticket for 8 mph over on 395

What agency?
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Unread 05-18-2009, 10:49 AM   #18
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Quote:
Originally Posted by Z06 Rocket View Post
...the cities and FHP really are on a push to get revenue back in the departments with tickets. The officers are not making the tickets up, but they do look more proactively and agressively for more hours of the day to make their supervisors in office happy. The County Sheriff's Departments have not stepped up the enforcement beyond the normal efforts seen before the economic tax problem in my opinion, just the cities and State Troopers following orders to "make the roads safer".

You've got to be kidding brother!???

Why would you eliminate the County Sheriff's Departments from the group?

They're no different than any other agency, albeit they have a penchant to spend more.

I know the HCSO had stepped up it's enforcement efforts along with every other Sheriff's Office I know of personally. they won't admit it publically, but talk to the officers and you get the real story. Of course if the numbers were public, it would once again be hidden behind "traffic safety."

I will say that recently (very recently) they (HCSO) dropped the pitch down a bit, but they're still very "PROACTIVE."

All of the agencies have stepped up thier enforcement efforts to raise revenue. The Sheriff's Offices are no different. They need $$ to survive just like the cities and state.

Instead of learning to adjust and live within a budget, they'd rather whine and start getting chicken chit with the tickets. It embarrases me at times, to have been associated with them

I'm sorry man, but as a retired motor cop, I feel it's necessary to have standards and not hide behind "traffic safety" as an excuse to raise $$$.

Our minimum standard was 12 over and that was in residential areas, excluding school and active construction zones of course, and we still wrote on average, 20-30 citations per day per officer. There's no reason other than $$$ to lower the limit to 6-8 over

The only time I've EVER written something that piss poor was in a school zone and then, generally you had to piss me off to get me to do it

If we were sent to a residential area on citizen complaints and happen to nail the "citizen" that "complained" (that's happened more than once), then yes, they got the BS ticket too

Now don't get me wrong. I'm not anti-law enforcement and I certainly don't have any use for street racers and people that do inherrently stupid chit on the street

But an 8 mile an hour ticket? Come on....!!

There's no traffic safety there. You'd hardly notice the difference in the an impact. It's all about the benjamins

What burns me up the most, other than turning cops into revenue agents, is the way the administration trys to BS the public into believing it's for our own good
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Unread 05-18-2009, 12:27 PM   #19
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Quote:
Originally Posted by Shadow View Post
What agency?
it was an unmarked car either MPD or MBPD

MBPD can be jerks

I once got arrested by MBPD bcus the wanted to make overtime pay
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Unread 05-18-2009, 06:53 PM   #20
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Quote:
Originally Posted by WARHORSE View Post
it was an unmarked car either MPD or MBPD

MBPD can be jerks

I once got arrested by MBPD bcus the wanted to make overtime pay
Should say on the ticket
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