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  1. #11
    Join Date
    Sep 2010
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    19,426

    Default Re: Wrong Speed Limit on Ticket and Inacurate Notes

    Quote Quoting Shadowbunny
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    In order to pass the "other driver" at your rate of speed, the OD would have been speeding as well. So your story to the judge will be that the officer chose to ignore the swerving, speeding driver, and nail you instead? Good luck.
    Well, since the poster was going faster than the other driver, he'd be a more likely candidate to pull over.
    It's unclear why you would need to pass someone who already is going too fast.

  2. #12
    Join Date
    Jan 2020
    Location
    Colorado
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    8

    Default Re: Wrong Speed Limit on Ticket and Inacurate Notes

    Quote Quoting flyingron
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    Quote Quoting Shadowbunny
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    In order to pass the "other driver" at your rate of speed, the OD would have been speeding as well. So your story to the judge will be that the officer chose to ignore the swerving, speeding driver, and nail you instead? Good luck.
    Well, since the poster was going faster than the other driver, he'd be a more likely candidate to pull over.
    It's unclear why you would need to pass someone who already is going too fast.
    I don't believe the other driver was exceeding the speed limit at the time. I was accelerating quickly past her and got nailed in the process. I had to have been at peak speed because when I was a safe distance past I started slowing down.

    This is what happened, whether or not any of it is a legal defense is another story and why I am here. I don't think I would even bring up anything to do with the other vehicle anyway unless there is video evicence in the discovery package which I do not have yet.

    Are there other valid arguments I could have given the ticket was wrong in the first place?

    The only reason I am taking this further than the first court appearance is that when I pointed out the ticket was wrong they basically just said Oops, here's your new ticket and SOP offer. I was unprepared to accept that the details do not matter.

  3. #13
    Join Date
    Sep 2010
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    19,426

    Default Re: Wrong Speed Limit on Ticket and Inacurate Notes

    What road are we talking about? 35 isn't one of the basic prima facie speeds in Colorado. The video isn't likely to be useful except if it shows you NOT over the posted speed for the road where you were observed. Note the speed limit is that where you were observed speeding not necessarily where you were pulled over. Again, the other driver is a red herring. You don't get an exception because you want to get around someone you feel is unsafe.

  4. #14

    Default Re: Wrong Speed Limit on Ticket and Inacurate Notes

    The ticket is a notice to appear, it is not evidence, so the state can amend it to correct any errors. What the officer testifies to is the evidence against you.

  5. #15
    Join Date
    Jan 2020
    Location
    Colorado
    Posts
    8

    Default Re: Wrong Speed Limit on Ticket and Inacurate Notes

    Quote Quoting flyingron
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    What road are we talking about? 35 isn't one of the basic prima facie speeds in Colorado. The video isn't likely to be useful except if it shows you NOT over the posted speed for the road where you were observed. Note the speed limit is that where you were observed speeding not necessarily where you were pulled over. Again, the other driver is a red herring. You don't get an exception because you want to get around someone you feel is unsafe.
    Its a 4 lane road with center turn lane. Some near by residential and commercial on the east side, and mostly open space on the west side. The speed on that road is 35 I believe its entire length but for sure where I would have been observed and eventually pulled over. There are quite a few 35mph roads in the Colorado Springs area

    Quote Quoting doucar
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    The ticket is a notice to appear, it is not evidence, so the state can amend it to correct any errors. What the officer testifies to is the evidence against you.
    Interesting. So, what I get from this statement is that if the officer can credibly testify that I was going 51 mph, it doesn't matter what he thought the limit was at the time if it happens to be that 51 mph is speeding according to the posted limit of the road?

  6. #16
    Join Date
    Sep 2010
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    19,426

    Default Re: Wrong Speed Limit on Ticket and Inacurate Notes

    Why would what he "thought" the speed limit was matter? The operative points are what he testifies he observed you doing and what the actual speed limit is.

    And again, 35 isn't a basic prima facie limit under Colorado law so despite how many roads you claim are like that in the springs, it makes this road a special case and there has to be an engineering survey to raise it up. It's probably going to benefit you so I won't belabor the fact you're being obfuscatory rather than bothering to answer simple questions. Have fun in court, I'm outta here.

  7. #17
    Join Date
    Jan 2020
    Location
    Colorado
    Posts
    8

    Default Re: Wrong Speed Limit on Ticket and Inacurate Notes

    Quote Quoting flyingron
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    Why would what he "thought" the speed limit was matter? The operative points are what he testifies he observed you doing and what the actual speed limit is.

    And again, 35 isn't a basic prima facie limit under Colorado law so despite how many roads you claim are like that in the springs, it makes this road a special case and there has to be an engineering survey to raise it up. It's probably going to benefit you so I won't belabor the fact you're being obfuscatory rather than bothering to answer simple questions. Have fun in court, I'm outta here.
    Hold on, I'm not trying to hide anything I can tell you the road is south 8th street but I didnt imagine any circumstance where that would matter. I have already sent an email to the traffic technition that handles the engineering reports to see what the actual 85th percentile is for that road. but please, If you have some knowledge that would help me here, I would love to hear your opinion

  8. #18
    Join Date
    Mar 2013
    Posts
    26

    Default Re: Wrong Speed Limit on Ticket and Inacurate Notes

    Quote Quoting mcwilcr
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    I believe I have several times.
    You didn't. I mentioned what would have happened if someone would have swerved over two lanes in either direction and told you why I couldn't visualize how that could be possible and asked you to fill me in. But okay, I get you now.

    I slowed down and was behind in the adjacent lane for a while then when the swerving subsided I decided to quickly pass.
    Earlier I asked you "so you didn't notice the swerving until after you decided to pass?" and your answer started with "no." Hard to get a handle on what exactly happened. So, you decided to pass the driver when you were behind her and could have avoided a potentially dangerous situation, but decided to speed past her because you didn't want to be next to a dangerous driver for "too" long, and could magically see what she was doing in her car without taking your eyes off of the road. You passed her quickly because she was an erratic driver, yet decided to pass her because it became safe to do so. See the contradictory information? You said:

    "At that moment it was safe to pass and I wanted to minimize the time spent beside the vehicle that I already knew was not always paying attention to driving more than whatever they were doing on their phone."

    The erratic driving subsided, but you knew driving next to her wasn't a great idea unless you make it quick. There were safer alternatives on a four lane road.

    Quote Quoting flyingron
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    And again, 35 isn't a basic prima facie limit under Colorado law so despite how many roads you claim are like that in the springs, it makes this road a special case and there has to be an engineering survey to raise it up.
    I just took a short virtual ride on an random stretch of S 8th St. Passed two speed limit signs. Both said 35 mph.

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