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  1. #1
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    Oct 2009
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    Default Speeding Ticket with Special Circumstances

    My question involves a speeding ticket from the State of: Arizona

    Recently I was pulled over, and I have a few questions that I would really appreciate some help with. Before I go into things, my first question isn't specific to my ticket. I have a court date set to fight my ticket already, and I'm wondering what information about my past driving record will the judge have in front of him/her? I have been pulled over twice before in AZ. The first time was about 3 years ago and I went to traffic school to get it dismissed (although I was driving a friend to the hospital, the police officer still said my speed was excessive and I'll admit it probably was, but the adrenaline was going). So that ticket never went on my motor vehicle record because of going to traffic school. Then I got pulled over again and was given a warning about a year ago, where the office actually saved my life because I had a low blood-sugar, and I've lost my ability to sense them until they get really low (I always test my blood sugar before I drive, but this was a long trip). So when I go to court, will the judge just see my MVR that I can get from the DMV that shows my license is clear, or will the judge be able to see that I've had a ticket in the past and a warning? Of course I won't lie in court if asked, I'm just curious about what the judge will see ahead of time.

    Now, here's the long part. I'll try to make this as short as possible. I recently was pulled over for going 54 in a 40. The thing is I would NEVER purposely speed on this street as I live right off of the street I was pulled over on and I hate that people go like 60+ on it. I also know it's routinely patrolled by both police and speed camera vans. One thing I want to note is that I have diabetes and also have diabetic neuropathy that causes me to have no feeling in my feet. As such I have to constantly watch my speed visually because I can't tell if I'm pressing the pedal light or hard. This isn't normally an issue for me. However, on this day my blood sugar dropped low. I decided to drive to a gas station that I knew was about a mile away as I had already eaten all of the glucose tablets I had on me (which normally are enough for 2-3 low blood sugar incidences, but for some reason this time I still stayed low). As I was heading to the gas station my insulin pump started to give off its bells and whistles and was vibrating to let me know my blood sugar was low. It does this as a warning every few minutes. This was an obvious distraction to my driving, so I went to pull it off my belt clip (it's warn like a pager), but my seatbelt got stuck in between the clip and my pump itself. As I was trying to pull it free, I was going down a hill and not looking at my speed vigilantly like I try to because of my neuropathy. I'm not sure if my speed accelerated because I was going down a hill or because I was pressing harder on the gas pedal (or if it was a combination of both) because I was trying to deal with shutting off the alarm on my pump. As soon as I was able to shut off my pump I noticed my speed and immediately took my foot off the pedal. I got down to about 45 when I saw the police officer, but I guess he saw me before I noticed that I was speeding. When he pulled me over he didn't say much. I have panic attacks, so I was trying to stay as calm as possible. He asked me for all my info. and I asked him if he could please just give me a warning, I would never speed on purpose and my job is dependent on me having a clean record. He mumbled something, but I couldn't hear what he said, but I think it was about my insurance or registration. I was flustered because I didn't know what my registration was and I also had 2 insurance cards in my glove box (one was actually for my next insurance period), so I was just really flustered and scared at this point. He took my information and came back with a ticket. I was upset because I wanted to let him know about the medical stuff, but he never gave me a chance to explain anything. I know that police officers don't have to, but I really was upset about this ticket. It honestly was 100% a mistake that I was speeding. I take every precaution I can with my health to not have incidences like this happen, but sometimes you can take every safeguard and you'll still have problems. I had the option of taking traffic school, but I have unbelievably bad agoraphobia, especially when it comes to classroom settings. Basically, if I haven't been in a situation before I have a panic attack. I have medical documentation of this. I also don't have the option of online traffic school because I only have a dial-up modem as I'm on disability and don't have much money at all. The cost of the school was outrageous too, so I hope in court I have a better chance of not having to pay a huge fee. The cost of traffic school was literally about 1/3 of my monthly income, and I'm already struggling. The job I have is only on-call, but it's my attempt at being a productive member of society. If I lost it I'll lose all contact that I have with the world outside of my doctor's appointments. If I even have 1 point on my driving record I'll lose my job and any hope of any jobs in my field until they drop off my record.

    A quick little note here...the officer never had me sign the ticket. I'm not planning to use that as a defense or anything, especially since I already sent in the paperwork to go to court. However, can that have any impact on my court case?

    There was also a section in the letter that they sent me about my court date that said, "The State of Arizona's attorney hereby notifies you that the State will choose to be represented by an attorney in all cases involving both civil and criminal proceedings arising out of the same incident." What does this mean? Does it mean they are going to have a lawyer there for my case, evne though it was only a civil matter, or does this only pertain to cases with both a civil and criminal matter?

    Basically, I am looking for advice on how to present my case in court. Also, what are my chances of getting off without any points or a lower fine (I know all jurisdictions are different, but knowing what I just wrote about, does it sound like I have a reasonable case)? I have a receipt to show that IMMEDIATELY after I was pulled over I went to buy candy to get my blood sugar up. I also have print outs from my insulin pump to show that my blood sugar was indeed low at that moment. I also plan to meet with my psychiatrist to help me write up a new plan to avoid situations like this while driving because my anxiety around driving is through the roof again.

    Thank you in advance for any help/advice/words of wisdom that you may be able to provide.

  2. #2
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    Sep 2005
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    Default Re: Speeding Ticket with Special Circumstances

    When you have complications that distract you from paying attention to your driving and speed, the best thing to do is to pull over and take care of them, then resume driving when you're again able to pay proper attention to the road.

    I don't know what the notice about the state's being represented by an attorney could mean, other than exactly that.

  3. #3
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    Oct 2009
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    Default Re: Speeding Ticket with Special Circumstances

    this sounds like what happened to me

  4. #4
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    Default Re: Speeding Ticket with Special Circumstances

    Mrknowitall- I agree that pulling over is definitely the best thing to do, and I have done this in the past. Usually I'll pull down a side street, or if I'm on the highway find a safe place with enough shoulder to pull over on. Unfortunately, the stretch of road I was on has a curb with about only 1 foot of shoulder to the side of it, so there was literally no place to pull over without being in the middle of a lane. Since I drive this road often, I've seen cars that have been broken down on this stretch of road just sitting in the lanes with their flashers on, and because of how fast people drive on this road it's an accident just waiting to happen. People literally have to slam their brakes on and swirve out of the way. If I could have pulled over, I definitely would have. Literally the first place to pull over or off of this road is the gas station I was heading to. This is exactly why I figured I'd just make it to the gas station, pull in there, and buy the carbs I needed to get my blood sugar up. Unfortunately, there are both pluses and negatives to the warning system my insulin pump has for low blood sugars. It starts off with a beep, but quickly turns into a sirene like sound and vibrates to make sure I know I'm going low. While it's great to prevent me from dropping low without knowing and possibly passing out, it is distracting while driving (although knowing it's going low is better than if I were to just pass out behind the wheel of course). Imagine having someone tickle your side while driving...that's what it's like to have it going off while driving. I tried to ignore it for as long as I could hoping I could get to the gas station before it went into vibration mode, but I couldn't. Normally I can just reach down and pull it off my waist easily, but this time the seatbelt got caught in between the pump and the clip.

    Driving is something I take very seriously. I don't want to endanger myself, and more importantly I don't want to endanger others. I've always had some apprehention about driving because of my health problems, so for as long as I could drive I've always taken certain precautions before driving (and even at 16 when cell phones were a rarity my family got one for me just in case). I always test my blood sugar before driving, but unfortunately there are times when blood sugars can drop or rise quickly. I also carry around what normally should be a more than adequate supply of quick-acting carbohydrates to treat a low blood sugar. I have delayed digestion though, so unfortunately there are times when no matter how much sugar I eat, I need more. On average, I'd say I drive less than 500 miles per year as well because I don't drive unless I have to just in case. Whenever I can, I have someone else drive me. There are just times when I have to drive myself though. I took driver's education before I ever even got my license and to this day can't make a turn without having "look left, look right, then look left again" go through my head. The only times I do drive are to doctor's appointments or other neccessary appointments. I wish I never had to drive because of issues like this, but honestly with all the precautions I take and how rare it is to have an episode while driving where all the circumstances just went wrong like this one don't make me feel like I am unsafe to have on the road. If I ever felt like I was a danger to myself or others I would never get behind the wheel. I see people doing crazy stuff like talking on their phones, putting on makeup, etc. all the time while driving...I don't do anything like that. The only distraction is my insulin pump, but like I said I really never thought I'd have a situation where I'd find myself unable to pull off to the side or onto a side street like this.

    As for the lawyer thing, I called up the courthouse because I had a few questions. They said that it doesn't apply to me because my case is just a civil matter. Basically it just meant that if I was being charged criminally and civilly (like in the case of drunk driving), the state would have an attorney present.

    I have an appointment with one of my casewokers on Friday to see if we can come up with a modified plan for what to do while driving in the future if I were to run into a situation like this again. I also spoke with a nurse who works for the company who makes my pump to ask if there was a setting I could adjust on my pump so that it only gave me auditory warnings while I was driving instead of having it progress to vibrating since it does tickle a lot. She said that unfortunately there is no way to turn off the vibrating aspect even if I were to set my pump to silent completely because they made it so that if your blood sugar was going low or high you wouldn't have a way to ignore it basically or not be alerted to it. In a lot of ways that's great, but it's also bad for situations like this. Unfortunately I'm not able to remove the pump from my body either as I'll lose the signal with my blood sugars. We looked at evey angle with this, and it seems I'm just going to have to continue being vigilant about checking my blood sugars and carrying around with me what I need in case of an emergency. In all reality, I really do think this was just a freak event that is very unlikely to happen again. Every situation in the past I've been able to pull off to the side of the road or down a side-street. Normally I only drive 1-2 miles per trip as well, so it's unlikely that my blood sugars would drop in that amount of time either since I do test them every time I get behind the wheel (before I even start the car of course). I dunno. I guess I'm just going to have to go into court and explain what happened and hope that the judge is sympathetic. If he/she feels I deserve the ticket then so be it. I do feel horribly guilty that while on the road this did happen. I mean, I was distracted and that's never good while driving. I just don't know what other precautions I could take, and do hope that this is a one-time freak occurrance.

    4afe- what happened to you? How was it similar to what happened to me?

    I've been reading through a lot of the posts on this board, and they've been really helpful. One thing I have read about is requeting a discovery. What is this exactly? I have a hearing date set for next month for my ticket. Is this something I should request beforehand? If I do request it, it won't hurt my case in anyway, will it? Thanks in advance for any help!

  5. #5
    Join Date
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    Default Re: Speeding Ticket with Special Circumstances

    Quote Quoting 4afe
    View Post
    this sounds like what happened to me
    4afe... this is nothing like what happened to you. You were pulled over and cited for allegedly exceeding the speed limit less than a week after getting your license and simply because of your inexperience. Not because of medical conditions, low blood sugar, or anything related to your physical health.

    If Kelly chooses to use her medical condition as an excuse (and personally, I would stay away from even mentioning it in court simply because it will not help her defense one bit) she may have to document her medical condition (which, again, may tend to work against her in that it affects her ability to drive and to pay attention to her surroundings).

    Quote Quoting kelly690
    View Post
    I've been reading through a lot of the posts on this board, and they've been really helpful. One thing I have read about is requeting a discovery. What is this exactly? I have a hearing date set for next month for my ticket. Is this something I should request beforehand? If I do request it, it won't hurt my case in anyway, will it? Thanks in advance for any help!
    Kelly... I did read your first post (didn't read you second because it is simply too long and my guess is that it just reiterates what you stated in your first)... In all honesty, I don't think that any of the facts that you've presented will work to benefit you in putting together a justifiable defense to the speeding citation that you received. But that is just my opinion... Ultimately, it will depend on the judge who will be hearing your case. You may get a sympathetic judge who may in fact agree to a reduced fine, you may get an understanding prosecutor who might offer you a plea bargain. But in all honesty, and with all due respect, and with all the empathy that I can offer for the condition which you suffer from, I must say that by you continuing drive under the circumstances that you described, not only did you place yourself at risk, but you are also risked the safety of other drivers on the road.

    To answer your question about discovery, you are entitled to having the ability to review any and all evidence that may be presented against you in court. Your exercising that right does not and should not place you at any sort of disadvantage if you choose to proceed forward with fighting your case.

    So feel free to move forward by requesting discovery. Post back here when you receive the information and I am sure someone will offer you some assistance as far as how to proceed. But as it stands, and based on what you have posted so far, your chances of getting this case dismissed are pretty slim (just my opinion). The only chance that you stand, as far as I can see, is if the officer fails to show up at your hearing, at which point, you can in fact request, and should be granted a dismissal.

    Sorry to dissappoint you and sorry that I don't know much about AZ's court procedures to offer you anymore help. I might be able to offer some more general information if you have any questions now or after you receive the discovery material. Until then best of luck.

  6. #6
    Join Date
    Oct 2009
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    28

    Default Re: Speeding Ticket with Special Circumstances

    Thanks for the reply. My second post was mostly stating the precautions i take before driving because I don't want people to think that I don't take the welfare of myself and every other driver on the road seriously. I also stated that I am meeting with one of my caseworkers at a doctor's office to reevaluate my "plan" or whatever you want to call it for driving safely. If we can't find a way around this issue with my pump, then I won't drive. I don't drive much as is, but in all honesy I don't think I'm a danger on the road. I really do feel like this was a one-time occurrance.

    Even if I don't get the case dismissed, I'm okay with that, I guess I just want my day in court. If the judge feels that I deserve the ticket, then I'm not going to argue. I guess part of me is just upset because I do take so many precautions before driving to avoid situations like this that it just irks me. I know it's not a legal defense to speed, but I do hope a judge will at least reduce the fine or something when he/she sees that I don't take my driving priveleges for granted, and I do take precautions before driving. It's just frustrating when you try to do the right thing and it doesn't work out.

  7. #7
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    Jul 2009
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    15

    Default Re: Speeding Ticket with Special Circumstances

    My mother had 1 seizure and has been barred from driving in california for the past 2 months until she can get the clear that she wont have another seizure(her seizure was in her house luckily).

    that being said, I agree with thatguy completely, I would not mention that in court as they have the ability to revoke your license out of the inability to control your feet (due to the diabetes) I know its not fair but I would just completely stay away from that subject also.

    My uncle lives in Washington and has the same problem with his diabetes, do not know if your problem is the same with his, but he got in an accident after having an episode and now has to have a personal driver because they revoked his license*

  8. #8
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    Oct 2009
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    Default Re: Speeding Ticket with Special Circumstances

    Thanks for the advice from both of you. I think you're probably correct. I think I'm just going to go to court and ask for a deferral (this is where the judge agrees to set aside the ticket as long as I don't get anymore during a set period of time, correct?) or a decreased fine or something. I don't have any points on my license, so that's mostly what I want to avoid. What would be the appropriate thing to say to the judge to ask for a deferal or decreased fine? Do I basically just say that when he asks me to plead my case? Does anyone know how many points would go on my license for 14 over in AZ? What would this do for my insuarance rates? (right now I pay about $200 a year for 100/300/100 coverage). Sorry for all of the questions. I can see from all the posts and replies on this board that I'm in the right place to get intelligent and pertinent responses.

  9. #9
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    Oct 2009
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    Default Re: Speeding Ticket with Special Circumstances

    I just wanted to update my thread. I had my court date last week and my ticket was dismissed. I went in to court with a letter from my doctor stating what happened and had a full medical exam with a write up from him stating that he felt that I was 100% capable of driving. That letter included a plan that we sat down together and made for making sure this doesn't happen again on the future. I have also purchased a bus pass in case there are any situations in the future where I can't drive for whatever reason. I was a little scared at first because the judge was finding everyone guilty of their tickets before me. He was very fair though and listened to my case. The police officer was very kind as well. He did tell the judge that at the time he got me on radar that I was slowing down, and he knew I wasn't just slowing down because I saw him because where he was I wouldn't have been able to see him. I think that both the police officer and the judge understood that speeding and unsafe driving isn't something that I make a habit of. I was surprised that it was fully dismissed, I was really expecting at the very best a deferral. '

  10. #10
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    Default Re: Speeding Ticket with Special Circumstances

    That is excellent news Kelly... Thank you for posting an update. And best wishes with your health, your job etc.

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