Legal aid thread

#1
hmanvolfan

hmanvolfan

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#1
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?
 
#10
#10
hmanvolfan said:
You know I was kidding Nerdie. What is your opinion regarding my dilemma?
Click to expand...

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.
 
#12
#12
hmanvolfan said:
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?
Click to expand...

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.
 
#13
#13
Well, I got a couple tickets in the last 5 years so I guess I'm screwed.
 
#20
#20
and it was very hot and the officer didn't seem interested in discussing the situation with me.
 
#22
#22
That judge is gonna see straight thru it, Dad.

I think you should just be straight with em and tell em you just don't give a ****.
 
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