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  1. #1
    Join Date
    Mar 2011
    Posts
    1

    Default Speeding in a School Zone, Pacing No Radar

    My question involves traffic court in the State of: Florida (Jacksonville)

    I'll keep this quick. I'm surrounded by schools on any route I take to go to work. I am aware of the school zones, most are marked with lights and have crossing guards (correct title?) so I'm aware, although I do randomize routes out of boredom. On the date the ticket was issued, I went to work and realized I left my wallet at home and had to go back home to get it. I had passed through two school zones, slowed down as required, but on the way back to work after stopping at my house, a cop pulled out of a residential road and was following me (purposely? I do not know). The sun was blinding me this particular morning I will admit, but I become very paranoid when a cop is behind me and will do the posted speed limit without giving them any reason to get me. In my mind it was too late in the morning to even possibly have school zones in effect, however, I was wrong. There were no lights on the street I chose to drive (different than the first drive to work) and it was only posted by time. There were no children, buses, crossing guards, etc in sight. This school zone runs next to a school, and ends after you cross a road with a stoplight. Green light, I cross the road and the cop oddly stops at the light even though to my knowledge it was still green. I accelerate up (not only was I exiting the school zone, but I was leaving a 30 mph for a 40 mph), he goes from stopped to gunning it with his lights on and pulls me over. I have no idea (honestly) why he is pulling me over, to the point I forget that I already had my registration pulled out of the glove box next to me and dig for it until he tells me its right there. I ask what the problem is (Bad wording, not purposely, but I was nice.) he tells me I was speeding, asks if I know how fast I was going. My words to him were "I was going the posted speed limit *pause* had I known it was a school zone...." that was it. No number, no discussion of speed, I assumed he had radar until later on. He comes back with the ticket claiming he wrote it for less(gee thanks, doesn't affect cost either way) and walks back to his car as I'm asking him if there were lights or anything else designating it a school zone, as he walks he says "no." This gave me no opportunity for further discussion. The ticket is written quoting me as saying I was going 30 (never came out of my mouth), and its a pacing ticket, no radar. The time on the ticket is 8:40 (school starts at 8:30, school zone ends at 8:45).

    Do I stand a chance in traffic court? I could just pay it and take the class but I don't feel deserving of this. I honestly didn't have a clue what I did wrong, and I don't believe I was risking the safety of anyone around me, not to mention I get nervous as can be when a cop is behind me I'm not going to go out of my way to give them a reason to pull me over. I had even thought about pulling off this day to make him go away and in hindsight I wish I would have added an extra street or two to avoid him on my tail. Turns out he lives on the street he came out from originally. Anyways, TMI, thoughts anyone?

  2. #2
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Do I Stand a Chance School Zone, Pacing No Radar

    Don't know too much about the case law in Florida concerning pacing but it should be 0.3 miles for a pace to occur....so if he did not follow you this long, then you have a good case to make I think.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Speeding in a School Zone, Pacing No Radar

    If you investigate the signage and find that there was inadequate notice of the school zone, that's a potential defense.

    You stated "I was going the posted limit" so you effectively told the officer "I was going 30".

    How long (and over what distance) was the officer followng you?

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