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Using Receipt Time Stamps as a Defense to a Speeding Ticket

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  • 08-30-2015, 09:43 AM
    Driver2
    Using Receipt Time Stamps as a Defense to a Speeding Ticket
    My question involves a traffic ticket from the state of: Florida

    Hello Everyone,

    I was issued a ticket for going over 30 mph over the speed limit (over 100mph) on Aligator Alley/ i-75.

    I was not going this speed or anywhere close to it. I can only assume that the Radar picked up a different car.
    • I have a time stamped receipt from a gas station and the first toll plaza.
    • Google maps estimates the time from the gas station to the toll plaza as 18 to 20 minutes, my receipts show I took 19.
    • Taking into account the distance between between the toll plaza and mm indicated on the ticket, as well as the time difference, my avg. speed from the toll plaza to where I was ticketed was about 3 over.
    • If it makes a difference, my record for the past ten years is clean

    Does this constitute a good defense or is this hopeless? At this speed a court appearance is mandated either way, I would just like to know if I have a legal leg to stand on.

    Thank you in advance for any time and help that you may be able to offer.
  • 08-30-2015, 10:13 AM
    adjusterjack
    Re: Wrong Car Stopped - Can Receipt Timestamps Be Used As a Defense
    It's an interesting approach and you've got nothing to lose by trying it.

    Trouble is, you could have been going quite a bit lower than the speed limit for many miles and still had the same average when the officer observed you doing 100.

    At the very least, pleading not guilty might get you an offer of a plea to a lesser offense.
  • 08-30-2015, 10:36 AM
    jk
    Re: Wrong Car Stopped - Can Receipt Timestamps Be Used As a Defense
    Quote:

    Quoting Driver2
    View Post
    My question involves a traffic ticket from the state of: Florida

    Hello Everyone,


    I was issued a ticket for going over 30 mph over the speed limit (over 100mph) on Aligator Alley/ i-75.

    I was not going this speed or anywhere close to it. I can only assume that the Radar picked up a different car.
    • I have a time stamped receipt from a gas station and the first toll plaza.
    • Google maps estimates the time from the gas station to the toll plaza as 18 to 20 minutes, my receipts show I took 19.
    • Taking into account the distance between between the toll plaza and mm indicated on the ticket, as well as the time difference, my avg. speed from the toll plaza to where I was ticketed was about 3 over.
    • If it makes a difference, my record for the past ten years is clean


    Does this constitute a good defense or is this hopeless? At this speed a court appearance is mandated either way, I would just like to know if I have a legal leg to stand on.

    Thank you in advance for any time and help that you may be able to offer.

    My wife relates a story of her experience travelling along alligator alley when she was much younger. It seems the driver did not quite understand why it was called alligator ally. When they approached an obstruction in the roadway, the driver stopped, exited the vehicle, and began to walk towards the obstruction. Before the driver got so close as to be within striking range, the alligator turned to the person and opened it's mouth, kind of like; welcome to the neighborhood. Come on in and have a seat so I can show you some real Florida hospitality.

    the driver quickly turned around and got into the car.

    there they waited until the alligator decided it was time to cool off in the water.

    they were then able to resume their travel, whether it be at 30 mph or 130 mph to the other end of the road.


    The point of the story?

    the time it takes you to travel X miles merely allows you to calculate average speed. Since speeding tickets are based on instantaneous speed, proving your average speed was less than the max speed limit does not provide a valid defense.


    so let's get to something more realistic;

    you say "the radar" may have picked up another car. Is this an unmanned radar station? I presume it was. Does it also take a picture of the offending vehicle? If so, have you seen it? If so, is it your car?
  • 08-30-2015, 10:47 AM
    adjusterjack
    Re: Wrong Car Stopped - Can Receipt Timestamps Be Used As a Defense
    Quote:

    Quoting jk
    View Post
    My wife relates a story of her experience travelling along alligator alley when she was much younger. It seems the driver did not quite understand why it was called alligator ally. When they approached an obstruction in the roadway, the driver stopped, exited the vehicle, and began to walk towards the obstruction. Before the driver got so close as to be within striking range, the alligator turned to the person and opened it's mouth, kind of like; welcome to the neighborhood. Come on in and have a seat so I can show you some real Florida hospitality.

    Reminds me of an old song "Never Smile at a Crocodile."
  • 08-30-2015, 10:57 AM
    Driver2
    Re: Wrong Car Stopped - Can Receipt Timestamps Be Used As a Defense
    Hello Everyone,

    Thank you for your replies... and the funny story.

    The officer said "he clocked me," so I assume he was holding and operating the radar.

    I understand about the averages, and I have nothing else to offer as I do not keep a video recorder running in my car.

    I hope that a judge would reason that it would be unlikely that a person who travels lawfully to a toll booth to then go under the speed limit for the long, underpopulated, stretch of the alley only to then exceed the speed so heavily (over 30mph over) as soon as the heavily populated and policed area is reached.

    Numerically, I would have had to go around 5 under the entire way and then sped up to 35 over ( a difference of forty) for about five minutes fr this average.

    Would this be enough to cause doubt, or is even doubt not enough?
    Thank you again
  • 08-30-2015, 11:12 AM
    adjusterjack
    Re: Wrong Car Stopped - Can Receipt Timestamps Be Used As a Defense
    Quote:

    Quoting Driver2
    View Post

    Would this be enough to cause doubt, or is even doubt not enough?

    There's no way anybody can answer that because it involves clairvoyance and we don't have any.

    You'll just have to roll the dice and see how it goes.

    One thing I will say is assuming that was a 25 mile stretch and you gunned it to 100 for the half mile or mile during which the officer clocked you, you wouldn't have to go much below the speed limit for the other 24 miles to be within your average.
  • 08-30-2015, 11:58 AM
    Driver2
    Re: Wrong Car Stopped - Can Receipt Timestamps Be Used As a Defense
    Thanks again,

    It was actually almost a 100 mile stretch, and I understand no one has a crystal ball.

    Thank you again.
  • 08-30-2015, 12:04 PM
    llworking
    Re: Wrong Car Stopped - Can Receipt Timestamps Be Used As a Defense
    Quote:

    Quoting Driver2
    View Post
    Thanks again,

    It was actually almost a 100 mile stretch, and I understand no one has a crystal ball.

    Thank you again.

    Its worth a try. It might work.
  • 08-30-2015, 12:17 PM
    adjusterjack
    Re: Wrong Car Stopped - Can Receipt Timestamps Be Used As a Defense
    Quote:

    Quoting Driver2
    View Post

    It was actually almost a 100 mile stretch,

    You travelled 100 miles in 19 minutes?

    That's about 315 mph.

    Impressive.
  • 08-30-2015, 12:34 PM
    Mr. Knowitall
    Re: Using Receipt Time Stamps as a Defense to a Speeding Ticket
    Quote:

    Quoting Driver2
    View Post
    I have a time stamped receipt from a gas station and the first toll plaza.

    Leaving all other issues aside for the moment, what evidence do you intend to present to support your implicit assertion that the clocks were set correctly at both locations?
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