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Speeding While Driving in a Passing Lane

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  • 10-26-2015, 10:52 AM
    Bryverine
    Speeding While Driving in a Passing Lane
    My question involves a traffic ticket from the state of: Texas

    While visiting Texas, I was pulled over for driving in a passing lane and speeding 83 in a 75 near the small town of Memphis.

    In regards to the left lane:
    I remember seeing a white truck/semi ahead of me within approximately 10s of my vehicle. My plan was to pass said vehicle.

    In regards to the speeding:
    IF I was speeding (I'm not saying I was), my wife had gotten out of surgery only a few hours prior and due to the kind of surgery, great pain is caused when ones bladder is full.

    Upon contacting the judge, my wife was told we would see the dash cam video in court that the officer took.

    My questions are as follows:
    1. If I file a discovery can I have a copy of the video, notes, etc. sent to me in another state?
    2. Is there something that might allow "controlled speeding" for medical issues?
  • 10-27-2015, 07:14 AM
    Mr. Knowitall
    Re: Speeding While Driving in a Passing Lane
    Quote:

    Quoting Bryverine
    View Post
    IF I was speeding (I'm not saying I was), my wife had gotten out of surgery only a few hours prior and due to the kind of surgery, great pain is caused when ones bladder is full.

    Speeding doesn't cause one's bladder to become empty.

    If you are planning to try to convince the court that you were speeding to find a bathroom, then that calls into question your claim that you had merely sped up to pass a truck. If you did not share that story with the police officer at the time of the traffic stop, the court is not likely to regard your story as credible.
    Quote:

    Quoting Bryverine
    If I file a discovery can I have a copy of the video, notes, etc. sent to me in another state?

    Discovery will be sent to the address you use on your discovery request, even if it is in another state.
    Quote:

    Quoting Bryverine
    Is there something that might allow "controlled speeding" for medical issues?

    No. That's a "Throw yourself on the mercy of the court"-type of "defense". If you want to try it, you had best bring medical documentation to support your claim.
  • 10-27-2015, 08:21 AM
    Bryverine
    Re: Speeding While Driving in a Passing Lane
    Thank you for replying,

    I was not planning to say I was speeding to pass. My plan was to say I was driving in the passing lane with intentions to pass and if I was speeding, it was to get to a bathroom for my wife.

    I can easily get the surgery documentation that shows the kind of surgery it was and time it was done. I was trying to get the enforcement contact done quickly (without incriminating myself) so I could get my wife to the restroom. Also, we were about 15-20 minutes away from the nearest town according to our phone map.

    - - - Updated - - -

    One more thing, I've been told by the judges office receptionist that in my letter of notification to plead not guilty, I am to include my name, the ticket number, and the details of my defense? Is that right? I will give all details regarding this case that identify the case such as my information and a copy of the ticket, but giving away my defense seems wrong.
  • 10-27-2015, 08:43 AM
    Mr. Knowitall
    Re: Speeding While Driving in a Passing Lane
    Quote:

    Quoting Bryverine
    View Post
    I was not planning to say I was speeding to pass. My plan was to say I was driving in the passing lane with intentions to pass and if I was speeding, it was to get to a bathroom for my wife.

    "I wasn't speeding, but if I was I had to get my wife to a bathroom" -- zero credibility.

    Instructions on how to respond to a ticket are normally provided with the ticket. If you are following those instructions, and what you are told by the court clerk, then it's reasonable to expect that you are responding properly.
  • 10-27-2015, 09:21 AM
    Bryverine
    Re: Speeding While Driving in a Passing Lane
    I see your point. I will plead not guilty to driving in the passing lane and probably guilty for the speeding but ask for mercy with the consideration of the medical documents I will provide as evidence.

    I was just worried giving the judge my decision/plan will work against me somehow.
  • 10-27-2015, 01:20 PM
    thewiseone
    Re: Speeding While Driving in a Passing Lane
    If you're not sure you were speeding, then don't say that you were, or that you probably were. You can say that you don't know if you were speeding because you weren't looking at the speedometer at the time, but were moving pretty much with the flow of traffic. That is completely reasonable and definitely not zero credibility. Many people drive like that, at least some of the time.
  • 10-27-2015, 09:49 PM
    Bryverine
    Re: Speeding While Driving in a Passing Lane
    I was finally able to locate the mile marker on a map and I guess I was only TWO minutes away from the next town (I said 15 to be conservative in case I remembered wrong).
    If I can get a note/email from a doctor that says it's normal to experience elevated pain after surgery that can be relieved by going to the bathroom, could this be legally justified speeding?

    Not sure if this could possibly with under the "sudden emergency doctorine"?
    She had several liters of fluid pumped into her (IV) as well as several water bottles to reduce dangerous complications that she was at a high risk for.

    Logic:
    I knew my wife was in pain, I knew the town was close, I knew using the bathroom could relieve pain. Therefore I wanted to get to the bathroom faster so my wife wasn't in pain. (It's not just a little tummy ache type pain, the doctor gave her morohine before we started driving and prescribed Tylenol with Codine).
  • 10-27-2015, 11:13 PM
    Disagreeable
    Re: Speeding While Driving in a Passing Lane
    Not even winter and it is time to get out the boots.
  • 10-28-2015, 05:14 AM
    Bryverine
    Re: Speeding While Driving in a Passing Lane
    Your cleverness is not lost on me, though i was only looking for an answer. I'm not trying to drag this on or waste anyone's time, I was just curious how or if I can even fight this ticket.
    I am very grateful for the replies and appreciate the time and energy that it took to reply to me.
  • 10-28-2015, 05:58 AM
    Mr. Knowitall
    Re: Speeding While Driving in a Passing Lane
    Your first story was that you weren't speeding. Now you say that you're going to confess to speeding, and are going to present what you've told us would be a false attempt at a necessity defense -- if you weren't speeding, then you weren't rushing anywhere for any reason. You have not indicated that you told the officer that you were rushing to a bathroom. So really, you appear to want us to let you know if we believe that you're going to trick the judge and get out of one or both of your tickets by telling lies in court. The answer is, "Don't lie in court."
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