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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

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Old 04-05-2006, 06:54 AM   #1 (permalink)
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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
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Old 04-05-2006, 07:03 AM   #2 (permalink)
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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.
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Old 04-05-2006, 09:29 AM   #3 (permalink)
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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.
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Old 04-05-2006, 11:32 AM   #4 (permalink)
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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
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Old 04-05-2006, 11:59 AM   #5 (permalink)
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I got a ticket for 9 over and that shit was $120. You might want to check your sources.
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Old 04-05-2006, 12:35 PM   #6 (permalink)
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most of it is court costs
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Old 04-05-2006, 10:40 PM   #7 (permalink)
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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.
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Old 04-05-2006, 10:53 PM   #8 (permalink)
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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
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Old 04-06-2006, 12:31 AM   #9 (permalink)
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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.
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Old 04-06-2006, 05:19 AM   #10 (permalink)
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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.
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Old 04-06-2006, 07:34 AM   #11 (permalink)
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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
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Old 04-06-2006, 02:33 PM   #12 (permalink)
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You might want to check that racing part again...Last fall Jeb got some serious penalties passed for racing
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Old 04-06-2006, 03:40 PM   #13 (permalink)
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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.
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Old 04-06-2006, 10:38 PM   #14 (permalink)
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