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  1. #1
    Join Date
    Jul 2008
    Posts
    25

    Default Definition of "At or Near"

    My question involves a speeding ticket from the State of: North Carolina
    The officer listed a speed limit on the ticket and location "at or near" a state road intersection with the road I was travelling on. The speed limit is incorrect and in fact the listed speed does not occur until one travels 1-1/2 miles from the location on the ticket. There are other intersections between this location and the differing speed limit in fact the speed limit listed occurs at a major US highway intersection, not the listed intersection. It was obvious the officer clocked me at the location he stated on the ticket and not 1-1/2 miles up the road. In reality I was only going 5mph over the speed - not 15mph as the officer shows and I have not had a citation in over 15 years. I am going to court with photo's and such to support my case and think I qualify for dismissal. Thoughts?

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

    Default Re: Definition of "At or Near"

    The words are pretty simple. If you're at the intersection, you're at it. If you're near the intersection, you're near it but somewhere short of being at it. If you're several intersections down the road, it's a stretch to say you're "at or near" the earlier intersection. If the claim is that you were speeding "at or near" that intersection, it's reasonable to expect that the citation is for violating a speed limit within the surrounding area (at most, the range of road stretching from the previous intersection to the next one).

    As that's not the closest intersection to the speed limit change, document the speed limit on either side of the intersection, challenge the ticket, present your proof of the actual speed limit to the prosecutor, and you can probably get the ticket reduced.

  3. #3
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Definition of "At or Near"

    "At or near" is a description when the exact loaction is fuzzy. It will only negate/lessen probable cause if details as KIA states are present.

    Similar to when a person sues another, if the exact day of the cause of action is unknown they may say it happened "on or about"...

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