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  1. #1

    Default Ticket for Violation of Traffic Control Device for Speeding

    Hey I was wondering if anyone on here could help me and tell me if I have a legitimate defense against a traffic ticket I recently received. I was going around 85 on I-95 southbound near jacksonville and passed a truck in the right hand lane. Too late I realized the truck had a Sheriff's logo on its side and was then dismayed to see it turn on its lights and pull me over. The cop wrote me a citation for violation of traffic control device and commented "failed to comply with speed limit (65 mph) seen driving at speeds above 85 mph." I was just wondering if this is a legitimate ticket and how he could prove I was traveling over 85 mph unless he himself was going that speed which he was not he was probably going around 75. Also if it is any defense I did not know the speed limit was 65 mph I assumed it was 70 mph like most other interstates. Any advice you could give me would be greatly appreciated.

  2. #2
    Join Date
    Oct 2005
    Location
    California
    Posts
    1,206

    Default Re: Ticket for Violation of Traffic Control Device for Speeding

    His estimation of your speed is subjective and you could certainly dispute that in court although his estimation will likely be accepted as fact. If you could convince he judge you were going even a little under 85MPH, it might make a lot of difference in the fine and, especially, with your insurance rates. As far as not knowing the speed limit, I don't think I would even mention that; speed signs are fairly prominent on that highway. Obviously, if you have a traffic school option, it would probably be a good choice.

  3. #3

    Default Re: Ticket for Violation of Traffic Control Device for Speeding

    can he ligitimately give me a ticket for violation of a traffic control device for speeding though? i guess thats my main question.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,626

    Default Re: Ticket for Violation of Traffic Control Device for Speeding

    What was the traffic control device?

  5. #5

    Default Re: Ticket for Violation of Traffic Control Device for Speeding

    the speed limit sign i guess

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,626

    Default Re: Ticket for Violation of Traffic Control Device for Speeding

    Florida defines a traffic control device as "All signs, signals, markings, and devices, not inconsistent with this chapter, placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning, or guiding traffic", so I guess that's possible.
    Quote Quoting Florida Statutes § 316.074 - Obedience to and required traffic control devices.
    (1) The driver of any vehicle shall obey the instructions of any official traffic control device applicable thereto, placed in accordance with the provisions of this chapter, unless otherwise directed by a police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this chapter.

    (2) No person shall drive any vehicle from a roadway to another roadway to avoid obeying the indicated traffic control indicated by such traffic control device.

    (3) No provision of this chapter for which official traffic control devices are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official device is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular section does not state that official traffic control devices are required, such section shall be effective even though no devices are erected or in place.

    (4) Whenever official traffic control devices are placed in position approximately conforming to the requirements of this chapter, such devices shall be presumed to have been so placed by the official act or direction of lawful authority unless the contrary shall be established by competent evidence.

    (5) Any official traffic control device placed pursuant to the provisions of this chapter and purporting to conform to the lawful requirements pertaining to such devices shall be presumed to comply with the requirements of this chapter unless the contrary shall be established by competent evidence.

    (6) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.

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