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  1. #1
    Join Date
    Jan 2020
    Location
    Colorado
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    8

    Default Wrong Speed Limit on Ticket and Inacurate Notes

    My question involves a traffic ticket from the state of: Colorado

    I received a ticket citing I was going 51 in a 30. The speed limit on that road is actually 35. I was fined according to this error as well however, I was only assessed points according to the penalty for 10-19 over. Additionally, when this incident occurred I was in the process of passing a vehicle that was driving dangerously swerving across two lanes at times and at very erratic speeds (when I looked over, she was staring at her phone). Needles to say, I wanted to spend as little time beside this car as possible. I got in front of the vehicle, corrected my speed and as soon as I saw the officer on his motorcycle pull out, I moved out of his way. I had hoped he was going after the distracted driver but no, it was me. During my conference with the city attorney I showed her proof of the speed limit error to which she replied, I will amend that and gave me a new offer. When I questioned this, she replied that the officers notes after the incident state it was a 35 mph zone and there was no traffic around me. I did not accept the new offer and objected to the amendment by the city attorney but the judge allowed it and noted my objection. It seems wrong to me that there is no legal obligation on the part of the officer to get the details of the citation correct. Is there a legal argument to be made here? is it a moot point since the Judge has allowed the amendment? do i have a legal argument concerning the fact that I was passing the other driver to get to a safe place away from them? I have officially requested discovery and am hoping there is some motorcycle equivalent of dash cam video of the other car but I don't have a dash cam in my car so unless they have video I do not have anything but my word against his which i doubt means much. Any advice would be greatly appreciated. My trial date is set for early march

    Thanks

  2. #2
    Join Date
    Mar 2013
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    26

    Default Re: Wrong Speed Limit on Ticket and Inacurate Notes

    Quote Quoting mcwilcr
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    do i have a legal argument concerning the fact that I was passing the other driver to get to a safe place away from them?
    Do you have a good reason that you couldn't go slower and forget about passing the other vehicle that you decided was a danger to go along with that argument? You saw all the swerving, and you haven't presented a reason why passing is a better alternative to keeping a safe distance behind. Getting next to a swerving vehicle isn't a great idea.

  3. #3
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    Jan 2020
    Location
    Colorado
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    8

    Default Re: Wrong Speed Limit on Ticket and Inacurate Notes

    Quote Quoting Muleskinner
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    Do you have a good reason that you couldn't go slower behind the driver and remain a safe distance that way to go along with that argument?
    I had been keeping my distance but chose to pass and get ahead when I determined it was safe to do so.

  4. #4
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    Mar 2013
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    26

    Default Re: Wrong Speed Limit on Ticket and Inacurate Notes

    I edited my response before noticing that you responded.

    Quote Quoting mcwilcr
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    I had been keeping my distance but chose to pass and get ahead when I determined it was safe to do so.
    This creates a contradiction. You stated the driver was "swerving across two lanes at times" which indicates you noticed the swerving before you were in the process of passing.

    You also stated you were going over the speed limit as to pass a dangerous driver quickly. See the problem here? You couldn't have determined it was safe to do so and speeding isn't the safe. What was safe was to not pass the other vehicle, go slower or pull to the side of the road.

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

    Default Re: Wrong Speed Limit on Ticket and Inacurate Notes

    So you didn't notice the swerving until after you decided to pass?
    No, when I decided to pass the driver was not swerving at all

    And while in the process of passing you decided to look at what the driver was doing instead of keeping your eyes on the road?
    not sure what you are getting at here, its pretty easy to pay attention to the road and also be able to see what is happening next to you.

    One can slow down safer and faster than one can pass going 16 mph above the speed limit. I wouldn't buy that you chose the safest option if I were the judge.
    I understand where you are coming from here and sure, I could have stayed behind the vehicle. I can also stay at home. 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.

    How fast was the other driver traveling? A swerving driver on a phone was probably already doing at least 35, right
    I do not know how fast the other driver was moving but generally they had been traveling significantly slower than the speed limit. At that moment though, they were probably close to 35 it is not as if I was steadily traveling at a higher speed, I would have been accelerating or decelerating when the officer radared me. This is all assuming I was going the speed he says to which I dont know if I can argue against until I see the discovery.

    Quote Quoting Muleskinner
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    I edited my response before noticing that you responded.



    This creates a contradiction. You stated the driver was "swerving across two lanes at times" which indicates you noticed the swerving before you were in the process of passing.

    You also stated you were going over the speed limit as to pass a dangerous driver quickly. See the problem here? You couldn't have determined it was safe to do so and speeding isn't the safe. What was safe was to not pass the other vehicle, go slower or pull to the side of the road.
    okay, you edited your response again but I think my response to your first message still makes sense

  6. #6
    Join Date
    Mar 2013
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    26

    Default Re: Wrong Speed Limit on Ticket and Inacurate Notes

    Quote Quoting mcwilcr
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    No, when I decided to pass the driver was not swerving at all
    You stated the driver was "swerving across two lanes at times." You noticed multiple acts of swerving across two lanes and very erratic speeds all while in the process of passing? I think that's going to be be something a judge wouldn't buy, but deciding to slow down and give up passing instead of going 51 in a 35 would have been the better option.


    not sure what you are getting at here, its pretty easy to pay attention to the road and also be able to see what is happening next to you.
    Of course you know what I'm getting at. No, while in the process of passing a swerving vehicle while traveling well above the speed limit it's not easy to pay attention to the road while peering into the door window of the vehicle next to you.

    Quote Quoting mcwilcr
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    I was in the process of passing a vehicle that was driving dangerously swerving across two lanes at times and at very erratic speeds (when I looked over, she was staring at her phone).

    No, when I decided to pass the driver was not swerving at all
    I'm having a hard time visualizing this. The person obviously wasn't crossing two lanes towards you while you were in the process of passing or he/she would have hit you. If he/she was swerving across two lanes away from you, you wouldn't have been in danger. Can you fill me in?

  7. #7
    Join Date
    Jan 2020
    Location
    Colorado
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    8

    Default Re: Wrong Speed Limit on Ticket and Inacurate Notes

    Quote Quoting Muleskinner
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    You stated the driver was "swerving across two lanes at times." You noticed multiple acts of swerving across two lanes and very erratic speeds all while in the process of passing? I think that's going to be be something a judge wouldn't buy, but deciding to slow down and give up passing instead of going 51 in a 35 would have been the better option.



    Of course you know what I'm getting at. No, while in the process of passing a swerving vehicle while traveling well above the speed limit it's not easy to pay attention to the road while peering into the passenger window of the vehicle next to you.





    I'm having a hard time visualizing this. The person obviously wasn't crossing two lanes towards you while you were in the process of passing or he/she would have hit you. If he/she was swerving across two lanes away from you, you wouldn't have been in danger. Can you fill me in?
    Things are getting jumbled up here. Yes, I witnessed the driver swerve multiple times and was driving at erratic speeds. No, I will not agree with you that you cant see what is happening in the vehicle beside you without taking your eyes off the road. This is absurd. My field of vision is not limited to the one lane in front of me. All I was saying is that at the time I passed the vehicle it was safe to do so as long as I did not remain beside the other vehicle for an extended period of time. I know in certain circumstances it is legal to exceed the speed limit to safely pass a vehicle what I don't know is if this is one of those circumstances or not. I do not know where to find the statutes defining this yet. Hence why I ask the question in a discussion forum on traffic law. This is only a small part of why I did not accept the deal I was presented with anyway

  8. #8
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    Mar 2013
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    26

    Default Re: Wrong Speed Limit on Ticket and Inacurate Notes

    Quote Quoting mcwilcr
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    Things are getting jumbled up here. Yes, I witnessed the driver swerve multiple times and was driving at erratic speeds.
    You didn't answer my question:

    You stated the driver was "swerving across two lanes at times." You noticed multiple acts of swerving across two lanes and very erratic speeds all while in the process of passing?

    Was the vehicle which was swerving across two lanes of traffic "at times" swerving towards you or away from you? How many times did this occur? Where was your vehicle in relation to the other vehicle when this occurred?


    I know in certain circumstances it is legal to exceed the speed limit to safely pass a vehicle what I don't know is if this is one of those circumstances or not.
    That's generally only allowed on highways where the speed limit is 55 mph or higher and not all states allow it.

  9. #9
    Join Date
    Jan 2020
    Location
    Colorado
    Posts
    8

    Default Re: Wrong Speed Limit on Ticket and Inacurate Notes

    You didn't answer my question:

    You stated the driver was "swerving across two lanes at times." You noticed multiple acts of swerving across two lanes and very erratic speeds all while in the process of passing?

    Was the vehicle which was swerving across two lanes of traffic "at times" swerving towards you or away from you? How many times did this occur? Where was your vehicle in relation to the other vehicle when this occurred?
    I believe I have several times. Might I refer you to:
    No, when I decided to pass the driver was not swerving at all
    or:
    at the time I passed the vehicle it was safe to do so as long as I did not remain beside the other vehicle for an extended period of time.
    as for the new question in there, 3-4 times, swerving in front of me primarily in the adjacent lane. Initially the front of my vehicle was adjacent to the rear of the other vehicle. I slowed down and was behind in the adjacent lane for a while then when the swerving subsided I decided to quickly pass.

    That's generally only allowed on highways where the speed limit is 55 mph or higher and not all states allow it.
    Thank you. Did you find the statute for this? I have seen anecdotal statements like this when I google the question too but have yet to actually find a statute or other legal documents outlining if in the state of Colorado it is legal to exceed the speed limit and in what circumstances.

  10. #10
    Join Date
    Jan 2016
    Posts
    425

    Default Re: Wrong Speed Limit on Ticket and Inacurate Notes

    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.

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