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07-05-2012, 05:00 PM
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#1 (permalink)
| | Volmeister extraordinaire
| Legal aid thread
Requests for all legal opinions should be aired up in here.
I'll start. Hey OE, I need counseling on a speeding matter. I was driving down a 2 lane highway today out in the country. The speed limit was 45 and I knew there were local podunk cops patrolling the area so I was abiding by the speed limit when I came up behind a concrete truck going between 35 and 40. When I got to a legal passing section I sped up to pass said concrete truck. About a half mile away I saw a couple cars coming in the opposite direction but had more than enough room to pass the truck. Well, come to find out the first car in the group was one of Piperton's finest and when he got past me he turned on the lights and turned around. Of course after I passed the truck I resumed the speed limit. I knew the officer was coming for me and after he passed the truck I pulled over. He came up and said I was clocked going 61 in a 45 and I told him I was going the speed limit and just sped up to get around the concrete truck and then resumed the speed limit. He informed me "there are no provisions in the law for breaking the speed limit to pass a vehicle". I asked him if it a legal passing area and he said yes but you went above the speed limit in order to pass the truck. He issued me a citation for going 61 in a 45. What is my best recourse in this matter? | 
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07-05-2012, 05:02 PM
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#2 (permalink)
| | Boom. +14. Moby Dick.
Join Date: Jan 2010  Location: Cuonzoxville.
Posts: 29,265
Likes: 985
| Hire Nerd. | 
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07-05-2012, 05:03 PM
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#3 (permalink)
| | Volmeister extraordinaire
| Look, I ain't cruising for the death penalty. | |
| VN Likes: 1 | |
07-05-2012, 05:04 PM
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#4 (permalink)
| | All in for Monaco!H.A.M.!
Join Date: Dec 2010 Location: Knoxville
Posts: 26,137
Likes: 1,620
| Quote:
Originally Posted by hmanvolfan  Look, I ain't cruising for the death penalty. | Ouch. | |
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07-05-2012, 05:05 PM
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#5 (permalink)
| | Boom. +14. Moby Dick.
Join Date: Jan 2010 Location: Cuonzoxville.
Posts: 29,265
Likes: 985
| He will prosecute the cop! | |
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07-05-2012, 05:05 PM
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#6 (permalink)
| | All in for Monaco!H.A.M.!
Join Date: Dec 2010 Location: Knoxville
Posts: 26,137
Likes: 1,620
| Quote:
Originally Posted by PoochPunt3rdDown He will prosecute the cop! | This. | |
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07-05-2012, 05:07 PM
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#7 (permalink)
| | Volmeister extraordinaire
| Quote:
Originally Posted by Nerd-Vol Ouch. | You know I was kidding Nerdie. What is your opinion regarding my dilemma? | |
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07-05-2012, 05:08 PM
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#8 (permalink)
| | Boom. +14. Moby Dick.
Join Date: Jan 2010 Location: Cuonzoxville.
Posts: 29,265
Likes: 985
| Then it's back to Africa for that cop! | |
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07-05-2012, 05:10 PM
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#9 (permalink)
| | Volmeister extraordinaire
| Quote:
Originally Posted by PoochPunt3rdDown Then it's back to Africa for that cop! | He should be prosecuted for being young, white and having a shaved head. | |
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07-05-2012, 05:43 PM
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#10 (permalink)
| | All in for Monaco!H.A.M.!
Join Date: Dec 2010 Location: Knoxville
Posts: 26,137
Likes: 1,620
| Quote:
Originally Posted by hmanvolfan You know I was kidding Nerdie. What is your opinion regarding my dilemma? | He is correct. You can try to explain it to the judge but it should apply in the same fashion as passing someone on the highway.
Consult OE. He knows more about traffic law than I. | |
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07-05-2012, 05:46 PM
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#11 (permalink)
| | Colorado bound
Join Date: Aug 2008 Location: chattanooga
Posts: 19,614
Likes: 435
| You're screwed. What's your driving record like? | |
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07-05-2012, 05:48 PM
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#12 (permalink)
| | The White Debonair
| Quote:
Originally Posted by hmanvolfan Requests for all legal opinions should be aired up in here.
I'll start. Hey OE, I need counseling on a speeding matter. I was driving down a 2 lane highway today out in the country. The speed limit was 45 and I knew there were local podunk cops patrolling the area so I was abiding by the speed limit when I came up behind a concrete truck going between 35 and 40. When I got to a legal passing section I sped up to pass said concrete truck. About a half mile away I saw a couple cars coming in the opposite direction but had more than enough room to pass the truck. Well, come to find out the first car in the group was one of Piperton's finest and when he got past me he turned on the lights and turned around. Of course after I passed the truck I resumed the speed limit. I knew the officer was coming for me and after he passed the truck I pulled over. He came up and said I was clocked going 61 in a 45 and I told him I was going the speed limit and just sped up to get around the concrete truck and then resumed the speed limit. He informed me "there are no provisions in the law for breaking the speed limit to pass a vehicle". I asked him if it a legal passing area and he said yes but you went above the speed limit in order to pass the truck. He issued me a citation for going 61 in a 45. What is my best recourse in this matter? | Go to court, if you have a clean driving record (5 years without a ticket) take your driving transcript and plead not guilty. Tell your side of the story to the judge and if it is not dismissed I am confident he will let you do driving school. | |
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07-05-2012, 05:53 PM
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#13 (permalink)
| | Volmeister extraordinaire
| Well, I got a couple tickets in the last 5 years so I guess I'm screwed. | |
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07-05-2012, 05:55 PM
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#14 (permalink)
| | The White Debonair
| Quote:
Originally Posted by hmanvolfan Well, I got a couple tickets in the last 5 years so I guess I'm screwed. | Still worth it to go to court and plead your case.
Was the truck losing his load at all? | |
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07-05-2012, 06:02 PM
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#15 (permalink)
| | Volmeister extraordinaire
| Quote:
Originally Posted by OrangeEmpire Still worth it to go to court and plead your case.
Was the truck losing his load at all? | No, just had places to get to for work and thought I had plenty of room to pass him. | |
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