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  1. #1
    Join Date
    Nov 2010
    Posts
    5

    Default Paced Speeding Ticket in Nevada

    Hello,

    About 2 weeks ago I got a ticket for allegedly doing 40 on a 25. I was on one of those highways that go from 65 to 25 in intervals (65, 55, 45, 35, 25).

    I was doing between 35 and 40 when I saw the "Speed Limit 25" sign (it was less than 100ft away when I saw it). After seeing it, I decelerated, but must have passed it doing ~36 and decreasing. A couple of seconds after passing the sign, the car behind me turned the police lights on (it was dark, so I didn't know I was being followed by a cop).

    He gave me a ticket which says:
    Violation 1: 10.36.010
    Posted Speed: 25
    Actual Speed: 40
    Cited Speed: 35
    Description: MC Speed Restrictions - Basic Rule - Signs Posted
    To Wit: DEF PACED (Street A) TO (Street B) AT 40 MPH

    (I prefer not to disclose the street names, and they're not relevant anyway)

    From what I've read in other posts, if I'm able to find something wrong with the ticket, I might have a case, so the first thing that I did was to look-up 10.36.010 hoping that the officer used the wrong code, but he didn't


    10.36.010 - Speed—Basic rule.
    It is unlawful for any person to drive or operate a vehicle of any kind or character upon any street, highway or alley within the city at:
    A. A rate of speed greater than is reasonable or proper, having due regard for the traffic, surface and width of such street, highway or alley;
    B. Such a rate of speed as to endanger the life, limb or property of any person;
    C. A rate of speed greater than that posted by the city, as provided in this chapter, or posted by any other public authority having jurisdiction with respect to the portion of such street, highway or alley being traversed.



    Something inaccurate I do see is that it says:

    DEF PACED (Street A) TO (Street B) AT 40 MPH

    when in fact I was driving from Street B to Street A. So he says he followed me westbound when I was driving eastbound. But I don't know if that's strong enough or if I'm misinterpreting the text.

    I admit that I must have been doing around 36mph when I passed the 25mph sign, but that's because I was decelerating. There were other cars on the road. There was even a truck next to me (on the left lane) going faster than me when the cop turned his lights on. For a second I thought the truck was the one being pulled over, not me. But of course I'm assumed to be lying, and I have no proof that there was in fact a truck going faster than I was. Even if I did have proof, I don’t think I could use it in court. (“I was speeding but other cars were speeding more your honor, I’m innocent” )

    One way or another, I feel like the officer was just trying to score a ticket that morning (it was the end of the month after all ).

    The fine is $70, which I don't mind paying. The point on the license is what bugs me. Right now I have none, and I would like to keep it that way. I would hate it if my insurance rate goes up because of this.

    Do you guys think I have a chance of winning this if I fight it? Court date was next week, but I asked for a week extension (I'm playing the "hopefully the cop doesn't show up" card ).

    Thanks for any help.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Paced Speeding Ticket in Nevada

    Winning it based on what? "I was speeding, but only 11 miles over the limit, not 14"? That's not a defense to the basic speed law.

  3. #3
    Join Date
    Nov 2010
    Posts
    5

    Default Re: Paced Speeding Ticket in Nevada

    Quote Quoting Mr. Knowitall
    View Post
    Winning it based on what? "I was speeding, but only 11 miles over the limit, not 14"? That's not a defense to the basic speed law.
    Well obviously not with that... but I was hoping that with the details provided someone could find something I could use in court.

  4. #4
    Join Date
    Nov 2010
    Posts
    5

    Default Re: Paced Speeding Ticket in Nevada

    Court date was yesterday. I was hoping the cop wouldn't show up, and he didn't . However, it seems like laws are different here in Nevada, because the 5 other people in the courtroom were there for speeding tickets as well and there were no cops in the room. I might be wrong, but I think that cops only have to show up if you plea not guilty and they schedule another court date.
    I plead no contest (guilty with explanation) and explained to the judge what happened. He told me that he would suspend the ticket for 6 months. After that, it will go away if I don't get another speeding ticket. I didn't have to pay the fine and no points on my license
    I'm just curious about the law now... Where can I find out if in Nevada, officers have to show up to court on speeding ticket citations?

  5. #5
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Paced Speeding Ticket in Nevada

    Typically, your first court appearance is your "arraignment" when you would enter your plea "not guilty/guilty/no contest"... when you enter a "not guilty plea" then the officer is notified and would be required to appear.

  6. #6
    Join Date
    Nov 2010
    Posts
    5

    Default Re: Paced Speeding Ticket in Nevada

    Quote Quoting That Guy
    View Post
    Typically, your first court appearance is your "arraignment" when you would enter your plea "not guilty/guilty/no contest"... when you enter a "not guilty plea" then the officer is notified and would be required to appear.
    Is this how it works everywhere?
    I ask because when I was educating myself before going to court, I read over and over "if the cop doesn't show up, your case is dismissed." Did they mean to say "if you go on your scheduled date, plea not guilty, get a new court date, and the cop doesn't show up on this new court date, then your case is dismissed"?

    I was under the impression that the cop had to show up the day specified on the ticket. Especially because I also read "cops schedule their court dates to have them all the same day, so if you ask for an extension, he might not show up and your case is dismissed."

    I'm confused...

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