Home Message Board SBN Chat SBN Articles Bike Specs Register Pictures Classifieds Forum Rules Advertise Contact Us

If this is your first visit, be sure to check out the FAQ by clicking the link above. You may have to register before you can post: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below.
Motoworld Inc
Go Back   Sportbikes.net > Topic Discussions > Open Forums > Sportbike Cafe > Busted!! I need Legal Advice!
Register Subscribe Casino Garage FAQ Members List Calendar Arcade Search Today's Posts Mark Forums Read

Busted!! I need Legal Advice! Got a ticket for something stupid? Think you should fit it in court? Post it up and I am sure everyone will give feedback

» Insurance


» Site Sponsors
Corbin Pacific Inc.
Motorcycle.com Classifieds!Del Amo MotorsportsCycleGear.comSoupy's PerformanceLevel One RacingBritish Motorcycle GearMotoworld IncCycle GearSee your ad here!
Reply
 
LinkBack Thread Tools Display Modes
Old 04-05-2006, 07:54 AM   #1 (permalink)
LiViN's Easy
LETS GO BUFFALO!!!
 
LiViN's Easy's Avatar
 

Join Date: Apr 2005
Location: Oviedo(Next to UCF), Florida
Posts: 5,053
Casino Cash: $13206
Sportbike: 96 Ninja 500
LiViN's Easy will become famous soon enough
Question Help me clearify this vague law. Florida speeding laws.

So I decided to look up the speed limit law in Florida to make sure there wasn't any of the +10 or 25 over is automatic reckless.

Wreckless Driving law is pretty vague and unsure how to interpert it. It reads...
"1. Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving."

First question is the safety of persons or property part. If it stayed "Person's" I would think the operators body and equipment but I see it also being interperated as other people or your own property. Meaning even in a 5+mile clear view empty road if you were traveling at 95 in a 75 if the officer felt like it he could hit you with wreckless if he felt. Im cluless. Here is the page.
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0316/SEC192.HTM&Title=->2000->Ch0316->Section%20192#0316.192
Also the punishment..."Upon a first conviction, by imprisonment for a period of not more than 90 days or by fine of not less than $25 nor more than $500, or by both such fine and imprisonment"

If your curious about Florida laws this is what I found out....
....I found out there is no set Over the speed limit for it. As you can go 125 in a 45 and its not mandatory reckless driving. Ticket fines have a max of $500, outside of school zones,construction etc. which has a max of $1000 Also "drag racing" or "racing" is a noncriminal traffic infraction punishable pursuant to chapter 318 as a moving violation.

For speed exceeding the limit by:
Fine:
1-5 m.p.h. ....... Warning(Except school zones)
6-9 m.p.h. ....... $ 25 [Awsome , no wonder they never tag you for under 10(most of the time), still sucks because it ends up costing about 75 after traffic class]
10-14 m.p.h. ....... $100
15-19 m.p.h. ....... $125
20-29 m.p.h. ....... $150
30 m.p.h. and above ....... $250

DO NOT PASS A STOPPED BUS!! For oncomming lanes you must stop unless there is 5ft Median between oncoming lanes.
1st time is 100 bucks.
2nd time is 200 bucks and licensed suspeneded for 90 days.
If you pass on the side with the door its worse.

100 bucks for parking in Wheel Chair spots.

For All other states check out this site for a brief overall and visit your own states website for more detail and specifics.
http://www.mit.edu/~jfc/laws.html#mixed
__________________
Summertime and the livin's easy.
MotoGP Video I made before the 06 season.
1.http://videos.streetfire.net/video/F...29798C7965.htm

Lets Go! --> Astros, Rockets, Sabres, Titans, Rossi, Hopkins, Melandri.

+ others...(as long as..." ? " is playing..)
Ravens(McNair), Packers(Favre), Detroit(Hasek)

Last edited by LiViN's Easy : 04-05-2006 at 07:58 AM.
LiViN's Easy is offline   Reply With Quote
Sponsored Links
Advertisement
 

Old 04-05-2006, 08:03 AM   #2 (permalink)
OFFICER737
KH, Rest In Peace Brother
 
OFFICER737's Avatar
 

Join Date: Jun 2005
Location: Tennessee
Age: 35
Posts: 20,862
Casino Cash: $3066
Sportbike: 2004/Triumph/Daytona 600(SOLD) 2006/Suzuki/GSXR 600/ 2006 Honda CRF50
OFFICER737 has a reputation beyond repute OFFICER737 has a reputation beyond repute OFFICER737 has a reputation beyond repute OFFICER737 has a reputation beyond repute OFFICER737 has a reputation beyond repute OFFICER737 has a reputation beyond repute OFFICER737 has a reputation beyond repute OFFICER737 has a reputation beyond repute OFFICER737 has a reputation beyond repute OFFICER737 has a reputation beyond repute OFFICER737 has a reputation beyond repute
Awards Showcase
Silver Token: SBN Silver Token - Issue reason:   Blue Token: SBN Blue Token - Issue reason:   Green Token: Green SBN Token - Issue reason:   Yellow Token: Yellow SBN Token - Issue reason:  
Total Awards: 4
Default

It's written the almost exact same way in TN. It is up to the interpretation of the officer or citizen complainant. Speed alone here would not justify reckless driving. Speeding and weaving through lanes would though. It is all in how it is articulated. It is also why a lot of DUIs are pled down to reckless driving.
__________________
William (Will) SBN
R.I.P. Krazy Hawaiian-you will be missed brother!!
SUPER MODERATOR
Questions, Concerns, Issues please PM me!
Bike Mods:CarbonFreak Windscreen, Power Commander, Galfer Superbike Brake Lines, Carbone Lorraine Brake Pads, BMC Air Filter, Motovation Frame Sliders, Redlinestands Swingarm Spools.

WERA #951
NESBA #951
www.dropthehammerracing.com

Hemmet-cam LEO-LEESTA!!!
Audentes Fortuna Iuvat!-Virgil
POLICE K9: GO AHEAD AND RUN, IT'S YOUR ASS!
SHUT UP!! I can only listen to one person lie to me at a time!!-Officer737
2006 Graduate of the Kevin Schwantz Suzuki School (race school)
"Putting my foot in your ass since 2005!"

OFFICER737 is offline   Reply With Quote
Old 04-05-2006, 10:29 AM   #3 (permalink)
NCGSXR
Superbike Racer
 
NCGSXR's Avatar
 

Join Date: Aug 2004
Location: WNC
Age: 30
Posts: 290
Casino Cash: $250
Sportbike: 2005 Suzuki GSX-R 750
NCGSXR is on a distinguished road
Default

Quote:
Originally Posted by OFFICER737
It's written the almost exact same way in TN. It is up to the interpretation of the officer or citizen complainant. Speed alone here would not justify reckless driving. Speeding and weaving through lanes would though. It is all in how it is articulated. It is also why a lot of DUIs are pled down to reckless driving.
Same wording in NC, and pretty much the samething Officer said.
__________________
-2005 Suzuki GSX-R 750 -
NCGSXR is offline   Reply With Quote
Old 04-05-2006, 12:32 PM   #4 (permalink)
Jiggly
Spankin' it!
SBN Contributor
 
Jiggly's Avatar
 

Join Date: Jun 2004
Location: Miller Motorsports Park
Age: 29
Posts: 5,585
Casino Cash: $3377
Sportbike: 2000CBR600F4 1967CL160 1993RS125
Jiggly is on a distinguished road
Default

in FL, I just moved from there 100+mph is jail time automatically

And in FL just hire the ticket lawyer for $65 a pop and you never have to worry about points or fines
__________________
Plaza Cycle Utah Supermoto Championship #33
#1 2007 Minimoto
www.utahsupermoto.com
Rocky Mountain Moderator
Jiggly is offline   Reply With Quote
Old 04-05-2006, 12:59 PM   #5 (permalink)
stb000013
Serial Crusher
 
stb000013's Avatar
 

Join Date: Jan 2006
Location: Winter Haven, FL
Age: 27
Posts: 444
Casino Cash: $464
Sportbike: 01 Katana 600 (Down again and receiving a makeover)
stb000013 is on a distinguished road
Default

I got a ticket for 9 over and that shit was $120. You might want to check your sources.
__________________
-Stephen





The future's uncertain, and the end is always near - The Doors
stb000013 is offline   Reply With Quote
Old 04-05-2006, 01:35 PM   #6 (permalink)
Jiggly
Spankin' it!
SBN Contributor
 
Jiggly's Avatar
 

Join Date: Jun 2004
Location: Miller Motorsports Park
Age: 29
Posts: 5,585
Casino Cash: $3377
Sportbike: 2000CBR600F4 1967CL160 1993RS125
Jiggly is on a distinguished road
Default

most of it is court costs
__________________
Plaza Cycle Utah Supermoto Championship #33
#1 2007 Minimoto
www.utahsupermoto.com
Rocky Mountain Moderator
Jiggly is offline   Reply With Quote
Old 04-05-2006, 11:40 PM   #7 (permalink)
LiViN's Easy
LETS GO BUFFALO!!!
 
LiViN's Easy's Avatar
 

Join Date: Apr 2005
Location: Oviedo(Next to UCF), Florida
Posts: 5,053
Casino Cash: $13206
Sportbike: 96 Ninja 500
LiViN's Easy will become famous soon enough
Default

Quote:
Originally Posted by Jiggly
in FL, I just moved from there 100+mph is jail time automatically

And in FL just hire the ticket lawyer for $65 a pop and you never have to worry about points or fines

I looked and looked through all related topics in there and Think thats just hear say as I always believed it was 120mph. I looked it up if you read the whole post and there is no max over as in no more then 35 over or a set speed at 100 or 120. Go to the site it has florida laws and look at floridas official page with all the laws and nowhere does it states a law like that.

MY SOURCES was the official site. So you got screwed.
http://www.leg.state.fl.us

Also you can't go to jail just for speeding, it has to be wreckless driving and there is no set speed for wreckless. Re-read my first post and if you want to check for your self check the link above this paragraph.
Also it does not state you have to be arrested, you can be given jail time as a penalty for wreckless but Its up to the officer whether or not at the time if he will let you go or not.
__________________
Summertime and the livin's easy.
MotoGP Video I made before the 06 season.
1.http://videos.streetfire.net/video/F...29798C7965.htm

Lets Go! --> Astros, Rockets, Sabres, Titans, Rossi, Hopkins, Melandri.

+ others...(as long as..." ? " is playing..)
Ravens(McNair), Packers(Favre), Detroit(Hasek)

Last edited by LiViN's Easy : 04-06-2006 at 12:08 AM.
LiViN's Easy is offline   Reply With Quote
Old 04-05-2006, 11:53 PM   #8 (permalink)
LiViN's Easy
LETS GO BUFFALO!!!
 
LiViN's Easy's Avatar
 

Join Date: Apr 2005
Location: Oviedo(Next to UCF), Florida
Posts: 5,053
Casino Cash: $13206
Sportbike: 96 Ninja 500
LiViN's Easy will become famous soon enough
Default

Officer
Is it possible for city/counties to set additional cost to speeding tickets? Otherwise I would think if they wrote $200 down on a 7 over you could go to court and atleast get it would have to be changed to the stated $25 if you don't get it dismissed.

I got this link from the FHP Site and it reads exactly the same as other florida site.

http://www.flsenate.gov/Statutes/ind...0318/Sec18.HTM
__________________
Summertime and the livin's easy.
MotoGP Video I made before the 06 season.
1.http://videos.streetfire.net/video/F...29798C7965.htm

Lets Go! --> Astros, Rockets, Sabres, Titans, Rossi, Hopkins, Melandri.

+ others...(as long as..." ? " is playing..)
Ravens(McNair), Packers(Favre), Detroit(Hasek)

Last edited by LiViN's Easy : 04-05-2006 at 11:59 PM.
LiViN's Easy is offline   Reply With Quote
Old 04-06-2006, 01:31 AM   #9 (permalink)
NCGSXR
Superbike Racer
 
NCGSXR's Avatar
 

Join Date: Aug 2004
Location: WNC
Age: 30
Posts: 290
Casino Cash: $250
Sportbike: 2005 Suzuki GSX-R 750
NCGSXR is on a distinguished road
Default

Quote:
Originally Posted by LiViN's Easy
Officer
Is it possible for city/counties to set additional cost to speeding tickets? Otherwise I would think if they wrote $200 down on a 7 over you could go to court and atleast get it would have to be changed to the stated $25 if you don't get it dismissed.
They can't in NC, the state sets the fines and court cost. May be different in FL, but I doubt it.
__________________
-2005 Suzuki GSX-R 750 -
NCGSXR is offline   Reply With Quote
Old 04-06-2006, 06:19 AM   #10 (permalink)
kneedraggin650s
si vis pacem para bellum
 
kneedraggin650s's Avatar
 

Join Date: Jan 2006
Location: Greenbelt, MD
Age: 30
Posts: 3,216
Casino Cash: $9777
Sportbike: 2005 SV650s
kneedraggin650s is on a distinguished road
Awards Showcase
Blue Token: SBN Blue Token - Issue reason:   Green Token: Green SBN Token - Issue reason:   Yellow Token: Yellow SBN Token - Issue reason:  
Total Awards: 3
Default

Quote:
Originally Posted by NCGSXR
They can't in NC, the state sets the fines and court cost. May be different in FL, but I doubt it.
Same in MD.
__________________




"The world is a dangerous place to live, not because of the people who are evil, but because of the people who do not do anything about it."
(Albert Einstein)



Knee-leesta
LEO-leesta


"It is not how these officers died that made them heroes, it is how they lived." by Vivian Eney (survivor). Engraved on the National Police Memorial Wall.


Looking for books on riding? Recommended Reading

Ride Safely and Wear Your Gear!! Graphic Pics of Motorcycle Accidents.

Myspace
kneedraggin650s is offline   Reply With Quote
Old 04-06-2006, 08:34 AM   #11 (permalink)
Jiggly
Spankin' it!
SBN Contributor
 
Jiggly's Avatar
 

Join Date: Jun 2004
Location: Miller Motorsports Park
Age: 29
Posts: 5,585
Casino Cash: $3377
Sportbike: 2000CBR600F4 1967CL160 1993RS125
Jiggly is on a distinguished road
Default

Quote:
Originally Posted by LiViN's Easy
I looked and looked through all related topics in there and Think thats just hear say as I always believed it was 120mph. I looked it up if you read the whole post and there is no max over as in no more then 35 over or a set speed at 100 or 120. Go to the site it has florida laws and look at floridas official page with all the laws and nowhere does it states a law like that.

MY SOURCES was the official site. So you got screwed.
http://www.leg.state.fl.us

Also you can't go to jail just for speeding, it has to be wreckless driving and there is no set speed for wreckless. Re-read my first post and if you want to check for your self check the link above this paragraph.
Also it does not state you have to be arrested, you can be given jail time as a penalty for wreckless but Its up to the officer whether or not at the time if he will let you go or not.

nope a friend of mine in panama city got screwed not me
__________________
Plaza Cycle Utah Supermoto Championship #33
#1 2007 Minimoto
www.utahsupermoto.com
Rocky Mountain Moderator
Jiggly is offline   Reply With Quote
Old 04-06-2006, 03:33 PM   #12 (permalink)
bumblebee
World 500 GP Champion
 
bumblebee's Avatar
 

Join Date: Sep 2004
Location: tallahassee
Age: 5
Posts: 6,897
Casino Cash: $57671
Sportbike: '04 F4i...1978 CB 750A
bumblebee will become famous soon enough bumblebee will become famous soon enough
Default

You might want to check that racing part again...Last fall Jeb got some serious penalties passed for racing
__________________
When the government's boot is on your throat, does it matter if it is a boot from the left or a boot from the right?

bumblebee is offline   Reply With Quote
Old 04-06-2006, 04:40 PM   #13 (permalink)
OFFICER737
KH, Rest In Peace Brother
 
OFFICER737's Avatar
 

Join Date: Jun 2005
Location: Tennessee
Age: 35
Posts: 20,862
Casino Cash: $3066
Sportbike: 2004/Triumph/Daytona 600(SOLD) 2006/Suzuki/GSXR 600/ 2006 Honda CRF50
OFFICER737 has a reputation beyond repute OFFICER737 has a reputation beyond repute OFFICER737 has a reputation beyond repute OFFICER737 has a reputation beyond repute OFFICER737 has a reputation beyond repute OFFICER737 has a reputation beyond repute OFFICER737 has a reputation beyond repute OFFICER737 has a reputation beyond repute OFFICER737 has a reputation beyond repute OFFICER737 has a reputation beyond repute OFFICER737 has a reputation beyond repute
Awards Showcase
Silver Token: SBN Silver Token - Issue reason:   Blue Token: SBN Blue Token - Issue reason:   Green Token: Green SBN Token - Issue reason:   Yellow Token: Yellow SBN Token - Issue reason:  
Total Awards: 4
Default

Quote:
Originally Posted by LiViN's Easy
Officer
Is it possible for city/counties to set additional cost to speeding tickets? Otherwise I would think if they wrote $200 down on a 7 over you could go to court and atleast get it would have to be changed to the stated $25 if you don't get it dismissed.

I got this link from the FHP Site and it reads exactly the same as other florida site.

http://www.flsenate.gov/Statutes/ind...0318/Sec18.HTM
In Tenn. the state sets the limit of the fine but the county commssioners and city governments can make the court fees as they see fit. They can also set the fees for grand jurt presentments, inmate housing, ammenities for inmates, and probations fees and traffic schools.
__________________
William (Will) SBN
R.I.P. Krazy Hawaiian-you will be missed brother!!
SUPER MODERATOR
Questions, Concerns, Issues please PM me!
Bike Mods:CarbonFreak Windscreen, Power Commander, Galfer Superbike Brake Lines, Carbone Lorraine Brake Pads, BMC Air Filter, Motovation Frame Sliders, Redlinestands Swingarm Spools.

WERA #951
NESBA #951
www.dropthehammerracing.com

Hemmet-cam LEO-LEESTA!!!
Audentes Fortuna Iuvat!-Virgil
POLICE K9: GO AHEAD AND RUN, IT'S YOUR ASS!
SHUT UP!! I can only listen to one person lie to me at a time!!-Officer737
2006 Graduate of the Kevin Schwantz Suzuki School (race school)
"Putting my foot in your ass since 2005!"

OFFICER737 is offline   Reply With Quote
Old 04-06-2006, 11:38 PM   #14 (permalink)
LiViN's Easy
LETS GO BUFFALO!!!
 
LiViN's Easy's Avatar
 

Join Date: Apr 2005
Location: Oviedo(Next to UCF), Florida
Posts: 5,053
Casino Cash: $13206
Sportbike: 96 Ninja 500
LiViN's Easy will become famous soon enough
Default

Thanks for the replies. Traffic Schools here are independent I think. The cheapest I think it gets is like $25 bucks for online class but when I was 17 and got my only ticket I went and took "Bonkers Comedy Traffic School" its awsome, the guy we had was actually decently funny and they hold it in a room at a restraunt so you actually get to order dinner. It was great, far from torture.

On the street racing I remember seeing something about cracking down on it but im not sure if there are any changes. I flipped the channel to local news this moring and it had something about street racing but missed it and tried to catch it again but it never came up again.
__________________
Summertime and the livin's easy.
MotoGP Video I made before the 06 season.
1.http://videos.streetfire.net/video/F...29798C7965.htm

Lets Go! --> Astros, Rockets, Sabres, Titans, Rossi, Hopkins, Melandri.

+ others...(as long as..." ? " is playing..)
Ravens(McNair), Packers(Favre), Detroit(Hasek)
LiViN's Easy is offline   Reply With Quote
Old 04-07-2006, 12:06 AM   #15 (permalink)
LiViN's Easy
LETS GO BUFFALO!!!
 
LiViN's Easy's Avatar
 

Join Date: Apr 2005
Location: Oviedo(Next to UCF), Florida
Posts: 5,053
Casino Cash: $13206
Sportbike: 96 Ninja 500
LiViN's Easy will become famous soon enough
Default

Ah you gota go to the 2005 statue, there are changes in the Racing,Drag Racing. There are NOT to the cost of tickets. So those are right.

2005 Statue - http://www.flsenate.gov/statutes/ind...316/Sec191.HTM
For Cost of civil penaltes- http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0318/SEC18.HTM&Title=->2005->Ch0318->Section%2018#0318.18

Any person who violates any provision of this paragraph commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. Any person who violates any provision of this paragraph shall pay a fine of not less than $500 and not more than $1,000, and the department shall revoke the driver license of a person so convicted for 1 year. A hearing may be requested pursuant to s. 322.271.


You get your license Revoked for a year now if convicted. Even for Exibition of Speed.

Here is what it says exactly.

316.191 Racing on highways.--

(b) "Drag race" means the operation of two or more motor vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other, or the operation of one or more motor vehicles over a common selected course, from the same point to the same point, for the purpose of comparing the relative speeds or power of acceleration of such motor vehicle or motor vehicles within a certain distance or time limit.

(c) "Racing" means the use of one or more motor vehicles in an attempt to outgain or outdistance another motor vehicle, to prevent another motor vehicle from passing, to arrive at a given destination ahead of another motor vehicle or motor vehicles, or to test the physical stamina or endurance of drivers over long-distance driving routes.

(2)(a) A person may not:

1. Drive any motor vehicle, including any motorcycle, in any race, speed competition or contest, drag race or acceleration contest, test of physical endurance, or exhibition of speed or acceleration or for the purpose of making a speed record on any highway, roadway, or parking lot;

2. In any manner participate in, coordinate, facilitate, or collect moneys at any location for any such race, competition, contest, test, or exhibition;

3. Knowingly ride as a passenger in any such race, competition, contest, test, or exhibition; or

4. Purposefully cause the movement of traffic to slow or stop for any such race, competition, contest, test, or exhibition.

Any person who violates any provision of this paragraph commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. Any person who violates any provision of this paragraph shall pay a fine of not less than $500 and not more than $1,000, and the department shall revoke the driver license of a person so convicted for 1 year. A hearing may be requested pursuant to s. 322.271.

So yeah, now your screwed!
__________________
Summertime and the livin's easy.
MotoGP Video I made before the 06 season.
1.http://videos.streetfire.net/video/F...29798C7965.htm

Lets Go! --> Astros, Rockets, Sabres, Titans, Rossi, Hopkins, Melandri.

+ others...(as long as..." ? " is playing..)
Ravens(McNair), Packers(Favre), Detroit(Hasek)

Last edited by LiViN's Easy : 04-07-2006 at 12:14 AM.
LiViN's Easy is offline   Reply With Quote
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

vB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On


All times are GMT -5. The time now is 09:51 AM.

Motorcycle News, Videos and Reviews
Harley Davidson Suzuki GSXR Ducati Forum Kawasaki Forum
V-Rod Forum GSXR Forum Ducati Monster Vulcan Forums
Harley Forum Suzuki SV Honda 600RR Kawasaki ZX Forum
Buell Forum Yamaha R1 Honda 1000RR Kawasaki ZX-10R
KTM Forum Yamaha R6 Honda Fury Forums Triumph Forum
Victory Forums YZF-R6 Forum Honda Goldwing Triumph 675
Can Am Spyder Aprilia Forum Sportbikes Forum BMW S1000RR Forum

Powered by vBulletin® Version 3.6.12
Copyright ©2000 - 2010, Jelsoft Enterprises Ltd.
Content Relevant URLs by vBSEO 3.0.0
© 1997 - 2007 Sportbikes.net INC. All Rights Reserved.