Speeding Ticket in Florida

**JL514** · 01-16-2007, 01:56 AM

I received a traffic citation last night and I was hoping you could help me understand a few things. My ticket was for Unlawful Speed (65mph in a 40mph), Statute 316.189 subsection (1), and occurred just outside the University of Miami, in Coral Gables.

1) The officer noticed my radar detector and quickly mentioned that he had obtained my speed by pacing me with his car. How well does this stand?

2) The infraction occurred on Ponce de Leon Blvd. I turned into UM to turn around and go back home (I did not know I was being followed), and I was pulled over at the intersection of Stanford Drive and Levante Avenue, two streets within the University. On the citation, after my registration info, under "UPON A PUBLIC STREET OR HIGHWAY, OR OTHER LOCATION, NAMELY:" the officer wrote "Stanford Dr + Levante Ave." However, this is NOT where the violation occurred, simply where I pulled over. I was not speeding on Stanford nor Levante. Did he fill the ticket out wrong?

3) Do you know if NY and FL have a reciprocity agreement? Namely, do Florida "points" have any affect (do they even show up) in NY? I live in New York, my tags and license are from NY as well.

Thank you for your time,

Jordan

**seniorjudge** · 01-16-2007, 05:45 AM

1) The officer noticed my radar detector and quickly mentioned that he had obtained my speed by pacing me with his car. How well does this stand?

A: What do you mean?

2) The infraction occurred on Ponce de Leon Blvd. I turned into UM to turn around and go back home (I did not know I was being followed), and I was pulled over at the intersection of Stanford Drive and Levante Avenue, two streets within the University. On the citation, after my registration info, under "UPON A PUBLIC STREET OR HIGHWAY, OR OTHER LOCATION, NAMELY:" the officer wrote "Stanford Dr + Levante Ave." However, this is NOT where the violation occurred, simply where I pulled over. I was not speeding on Stanford nor Levante. Did he fill the ticket out wrong?

A: No.

3) Do you know if NY and FL have a reciprocity agreement? Namely, do Florida "points" have any affect (do they even show up) in NY? I live in New York, my tags and license are from NY as well.

A: Yes, there is an agreement.

**lwpat** · 01-16-2007, 10:05 AM

A: Yes, there is an agreement.

There is an agreement but NY does not post minor out of state speeding tickets to your record.

Pacing is how they measured your speed prior to radar. It is still good.

**JL514** · 01-16-2007, 10:23 AM

Thank you for your responses. I should have been a little more precise, as I certainly understand the idea of pacing a car. However, I had just returned to FL from NY after a month break. My car had been sitting in a garage for that time. I took the car out for a few minutes just to make sure everything was still working.

I quickly accelerated through the first three gears, coasted for a very short time, and made a left hand turn into the University. The stretch of road in question was no more than half a mile, and because of the quick acceleration, I would assume there would be time required for the officer to make the same reaction. Also, since I was turning, I had to slow down. I couldn't have been at my "top speed" for more than 5 seconds. I'm curious how the officer was able to reach and maintain a speed while maintaining a set distance behind me in this time frame. Also, I am pretty sure I wasn't going 65. It is the number that has me slightly aggravated. In FL the fine is the same for 20-29+, but I think in NY there is a point jump from 24mph+ to 25mph+. Could someone point me in the direction of FL point application guidelines?

Also, in NY, the best thing to do is always plead "Not Guilty," and go to court. The officer usually takes you outside before the court session starts, and talk with you and offer a reduced violation. Usually to a non-moving violation like "parking on pavement" or "faulty speedometer." The officer who issued my ticket informed me that that's not how things work in FL. He told me I will actually have to speak/present my case to the judge, something I've never had to do.

I'm not sure what to say. Do I ask for economical leniency because I am a college student with huge expenses? Do they do that? Can/should I ask for community service hours instead of a fine?

What can you recommend?

lwpat: what do you mean NY does not post minor OOS tickets to my record? Will an insurance search in NY show these points?

**lwpat** · 01-17-2007, 08:02 AM

If you go to court they might offer you a better deal. You just have to go and find out. If the insurance company only pulls your NY record, it will not show the Florida ticket.

**JL514** · 01-17-2007, 01:04 PM

So going to court is hands-down the best option? What exactly should I say to the judge? I'm sure they get people all the time saying "I didn't do that" without evidence.

I am simply looking for a more lenient fine & points, or community service.

How effective, in your opinion, would it be to say "I just got back after a month of letting the car sit, and wanted to take it out to make sure it was still in good condition. I accelerated quickly to stress the engine, but did not realize I was speeding. I was not in a rush to go anywhere, speeding was never my intention, and I immediately slowed down after testing the gears..."

or something like that?