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Legal Issues Traffic tickets | Laws | Pending Legislation |
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05-17-2009, 11:11 AM
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#1
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Member
Join Date: Mar 2009
Location: Miami
Posts: 107
Name :
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20 or 30 mph over limit law ?
I looked over the 2005 statutes and I did not see any statute that specifically says that Reckless driving or racing is defined as X mph over the speed limit
Did I miss it ? Is there a new law on the books since 2005 regarding this ?
I usually keep my car around 85 mph on 95 and maybe I see 95 mph on Alligator Alley on the assumption that we can get away w 20 or 30 mph over
Does anybody know if the law I am refering to actually exists ?
Thanks
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05-17-2009, 12:25 PM
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#2
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Internet Sanitation Engineer
Join Date: Mar 2006
Location: Crawfordville, FL
Posts: 15,139
Name : Rich Zuchowski
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I would be real careful. With the budget shortfalls, they are trying to make up the difference with fines for even the most minor infractions. I have heard of people getting pulled over and ticketed for going just 4 mph over the speed limit lately.
Although the original stated reason for speeding tickets was based on safety, now it is really all about revenue generation. In effect, the cops have become tax collectors for the state. But since this is sort of a sin tax, it's difficult to counter their justification.
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05-17-2009, 12:48 PM
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#3
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Member
Join Date: Mar 2009
Location: Miami
Posts: 107
Name :
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Quote:
Originally Posted by Rich Z
I would be real careful. With the budget shortfalls, they are trying to make up the difference with fines for even the most minor infractions. I have heard of people getting pulled over and ticketed for going just 4 mph over the speed limit lately.
Although the original stated reason for speeding tickets was based on safety, now it is really all about revenue generation. In effect, the cops have become tax collectors for the state. But since this is sort of a sin tax, it's difficult to counter their justification.
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True, these are not normal economic times
I have also seen MANY more cop cars than usual so I've been behaving
but when I get my Z back I'll be hitting the tracks often
The problem they will have w these 4 mph tickets is that their plan will backfire as some people will challenge it and the courts will be overstuffed w traffic tickets making judges very unhappy about wasted court time
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05-17-2009, 05:27 PM
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#4
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Senior Member
Join Date: Mar 2007
Location: On the road
Posts: 2,132
Name :
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30 over = mandatory court appearance.
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05-17-2009, 10:17 PM
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#5
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Member
Join Date: Mar 2009
Location: Miami
Posts: 107
Name :
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so 29 over is good ?
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05-18-2009, 12:14 AM
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#6
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Member
Join Date: Feb 2008
Location: Lake Alfred
Posts: 446
Name :
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There isn't a certain speed over a stated limit that mandates an arrest, is there?
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05-18-2009, 06:54 AM
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#7
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Senior Member
Join Date: May 2006
Location: port of indecision
Posts: 5,604
Name :
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Here is the most recent (2008) published information (does not include recently enacted legislation).
Speed in excess of 50 over:
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
This tells you where your $$ goes on each citation:
(Cut & Paste into you browser! I don't know WTF is up with the link and don't have time to fix it! )
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0318/SEC21.HTM&Title=->2008->Ch0318->Section%2021#0318.21
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0318/SEC18.HTM&Title=->2008->Ch0318->Section%2018#0318.18
Chapter 318-Disposition of traffic fines and penalties:
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0318/SEC18.HTM&Title=->2008->Ch0318->Section%2018#0318.18
http://www.leg.state.fl.us/Statutes/...EChapter%20318
And finally, Chapter 316, the one that will bite most of us in the ass...State Uniform Traffic Control (Chapter 316):
http://www.leg.state.fl.us/STATUTES/...6/titl0316.htm
You can find a total list of all statutes here: (I'll update the sticky in this section tonight)
http://www.leg.state.fl.us/Welcome/i...TOKEN=28030214
Index:
http://www.leg.state.fl.us/Statutes/..._Request=XXIII
FWIW, I didn't see anything in the statutes that made 50 over a criminal violation.
Didn't really have a lot of time to digest it though and will do a little research today while on the road.
Hope this helps clear things up a bit?
G
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05-18-2009, 07:05 AM
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#8
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Senior Member
Join Date: May 2006
Location: port of indecision
Posts: 5,604
Name :
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Rather than edit, I'll just add this (will also be in the stickied section tonight):
This opinion from the Attorney General in 2008:
http://myfloridalegal.com/ago.nsf/Op...25750700587C5A
It's a lot of gibberish, legaleze double talk, but the cruix of it is as follows:
Quote:
Section 3 of the 2008 legislation added subsection (13) to section 318.14, Florida Statutes, which provides:
"(13)(a) A person cited for a violation of s. 316.1926 shall, in addition to any other requirements provided in this section, pay a fine of $1,000. This fine is in lieu of the fine required under s. 318.18(3)(b), if the person was cited for violation of s. 316.1926(2).
(b) A person cited for a second violation of s. 316.1926 shall, in addition to any other requirements provided in this section, pay a fine of $2,500. This fine is in lieu of the fine required under s. 318.18(3)(b), if the person was cited for violation of s. 316.1926(2). In addition, the court shall revoke the person’s authorization and privilege to operate a motor vehicle for a period of 1 year and order the person to surrender his or her driver’s license.
(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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and further:
Non-Criminal Infractions: DISPOSITION OF TRAFFIC INFRACTIONS View Entire Chapter
318.14 Noncriminal traffic infractions; exception; procedures.--
http://www.leg.state.fl.us/statutes/...0318/SEC14.HTM
__________________
Remember:
Artificial Intelligence is no replacement for Natural Stupidity!
Be Polite, Be Professional...and have a plan to kill everyone you meet.
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05-18-2009, 08:42 AM
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#9
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Member
Join Date: Mar 2009
Location: Miami
Posts: 107
Name :
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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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05-18-2009, 09:18 AM
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#10
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Senior Member
Join Date: Apr 2006
Location: Florida
Posts: 1,640
Name :
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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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