Oct 29th, Court TIME!!!!
10-26-2008, 05:27 AM
#1
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Location: Conifer, CO
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Oct 29th, Court TIME!!!!
Ok, so I've told some of you abojut my 74 in a 65 Speeding Ticket in the middle of
the eastern plains, on HWY 36, on a stretch of road which looked like this
Now hopefullly under the section i was charged with there is this little bit of handy info which should be easy to prove to the judge that 74 on a road like that on a sunny, clear June day with a car every 2 miles that it was safe and reasonable. See colorado Speed Limits are Presumed meaning not absolute and are absolute only if the conditions call for it, being heavy traffic, snow, rain etc.
Now 75 miles per hour is the Maximum Lawful Speed meaning if you exceed 75mph by 1, you are breaking the law versus a Presumed speed limit of 65 on a highway per the conditions that if the conditions are nice, you exceeding the speed limit my be reasonable and prudent versus 65mph on a highway with rain, snow fog etc, then it's absolute. I've bolded the main sections of the statue on speed limits that i hope to use to prove my innocence. I'll let you now how it all goes!
(1) No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions then existing.
(2) Except when a special hazard exists that requires a lower speed, the following speeds shall be lawful:
(a) Twenty miles per hour on narrow, winding mountain highways or on blind curves;
(b) Twenty-five miles per hour in any business district, as defined in section 42-1-102 (11);
(c) Thirty miles per hour in any residence district, as defined in section 42-1-102 (80);
(d) Forty miles per hour on open mountain highways;
(e) Forty-five miles per hour for all single rear axle vehicles in the business of transporting trash that exceed twenty thousand pounds, where higher speeds are posted, when said vehicle is loaded as an exempted vehicle pursuant to section 42-4-507 (3);
(f) Fifty-five miles per hour on other open highways which are not on the interstate system, as defined in section 43-2-101 (2), C.R.S., and are not surfaced, four-lane freeways or expressways;
(g) Sixty-five miles per hour on surfaced, four-lane highways which are on the interstate system, as defined in section 43-2-101 (2), C.R.S., or are freeways or expressways;
(h) Any speed not in excess of a speed limit designated by an official traffic control device.
(3) No driver of a vehicle shall fail to decrease the speed of such vehicle from an otherwise lawful speed to a reasonable and prudent speed when a special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.
(4) Except as otherwise provided in paragraph (c) of subsection (
of this section, any speed in excess of the lawful speeds set forth in subsection (2) of this section shall be prima facie evidence that such speed was not reasonable or prudent under the conditions then existing. As used in this subsection (4), "prima facie evidence" means evidence which is sufficient proof that the speed was not reasonable or prudent under the conditions then existing, and which will remain sufficient proof of such fact, unless contradicted and overcome by evidence bearing upon the question of whether or not the speed was reasonable and prudent under the conditions then existing.
(5) In every charge of violating subsection (1) of this section, the complaint, summons and complaint, or penalty assessment notice shall specify the speed at which the defendant is alleged to have driven and also the alleged reasonable and prudent speed applicable at the specified time and location of the alleged violation.
(6) The provisions of this section shall not be construed to relieve the party alleging negligence under this section in any civil action for damages from the burden of proving that such negligence was the proximate cause of an accident.
(7) Notwithstanding paragraphs (a), (b), and (c) of subsection (2) of this section, any city or town may by ordinance adopt absolute speed limits as the maximum lawful speed limits in its jurisdiction, and such speed limits shall not be subject to the provisions of subsection (4) of this section.
( (a) (Deleted by amendment, L. 96, p. 578, § 2, effective May 25, 1996.)
(b) Notwithstanding any other provisions of this section, no person shall drive a vehicle on a highway at a speed in excess of a maximum lawful speed limit of seventy-five miles per hour.
(c) The speed limit set forth in paragraph (b) of this subsection ( is the maximum lawful speed limit and is not subject to the provisions of subsection (4) of this section.
(d) State and local authorities within their respective jurisdictions shall not authorize any speed limit which exceeds seventy-five miles per hour on any highway.
(e) The provisions of this subsection ( are declared to be matters of both local and statewide concern requiring uniform compliance throughout the state.
(f) In every charge of a violation of paragraph (b) of this subsection (, the complaint, summons and complaint, or penalty assessment notice shall specify the speed at which the defendant is alleged to have driven and also the maximum lawful speed limit of seventy-five miles per hour.
the eastern plains, on HWY 36, on a stretch of road which looked like this
Now hopefullly under the section i was charged with there is this little bit of handy info which should be easy to prove to the judge that 74 on a road like that on a sunny, clear June day with a car every 2 miles that it was safe and reasonable. See colorado Speed Limits are Presumed meaning not absolute and are absolute only if the conditions call for it, being heavy traffic, snow, rain etc.
Now 75 miles per hour is the Maximum Lawful Speed meaning if you exceed 75mph by 1, you are breaking the law versus a Presumed speed limit of 65 on a highway per the conditions that if the conditions are nice, you exceeding the speed limit my be reasonable and prudent versus 65mph on a highway with rain, snow fog etc, then it's absolute. I've bolded the main sections of the statue on speed limits that i hope to use to prove my innocence. I'll let you now how it all goes!
(1) No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions then existing.
(2) Except when a special hazard exists that requires a lower speed, the following speeds shall be lawful:
(a) Twenty miles per hour on narrow, winding mountain highways or on blind curves;
(b) Twenty-five miles per hour in any business district, as defined in section 42-1-102 (11);
(c) Thirty miles per hour in any residence district, as defined in section 42-1-102 (80);
(d) Forty miles per hour on open mountain highways;
(e) Forty-five miles per hour for all single rear axle vehicles in the business of transporting trash that exceed twenty thousand pounds, where higher speeds are posted, when said vehicle is loaded as an exempted vehicle pursuant to section 42-4-507 (3);
(f) Fifty-five miles per hour on other open highways which are not on the interstate system, as defined in section 43-2-101 (2), C.R.S., and are not surfaced, four-lane freeways or expressways;
(g) Sixty-five miles per hour on surfaced, four-lane highways which are on the interstate system, as defined in section 43-2-101 (2), C.R.S., or are freeways or expressways;
(h) Any speed not in excess of a speed limit designated by an official traffic control device.
(3) No driver of a vehicle shall fail to decrease the speed of such vehicle from an otherwise lawful speed to a reasonable and prudent speed when a special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.
(4) Except as otherwise provided in paragraph (c) of subsection (
of this section, any speed in excess of the lawful speeds set forth in subsection (2) of this section shall be prima facie evidence that such speed was not reasonable or prudent under the conditions then existing. As used in this subsection (4), "prima facie evidence" means evidence which is sufficient proof that the speed was not reasonable or prudent under the conditions then existing, and which will remain sufficient proof of such fact, unless contradicted and overcome by evidence bearing upon the question of whether or not the speed was reasonable and prudent under the conditions then existing.(5) In every charge of violating subsection (1) of this section, the complaint, summons and complaint, or penalty assessment notice shall specify the speed at which the defendant is alleged to have driven and also the alleged reasonable and prudent speed applicable at the specified time and location of the alleged violation.
(6) The provisions of this section shall not be construed to relieve the party alleging negligence under this section in any civil action for damages from the burden of proving that such negligence was the proximate cause of an accident.
(7) Notwithstanding paragraphs (a), (b), and (c) of subsection (2) of this section, any city or town may by ordinance adopt absolute speed limits as the maximum lawful speed limits in its jurisdiction, and such speed limits shall not be subject to the provisions of subsection (4) of this section.
(
(a) (Deleted by amendment, L. 96, p. 578, § 2, effective May 25, 1996.)(b) Notwithstanding any other provisions of this section, no person shall drive a vehicle on a highway at a speed in excess of a maximum lawful speed limit of seventy-five miles per hour.
(c) The speed limit set forth in paragraph (b) of this subsection (
is the maximum lawful speed limit and is not subject to the provisions of subsection (4) of this section.(d) State and local authorities within their respective jurisdictions shall not authorize any speed limit which exceeds seventy-five miles per hour on any highway.
(e) The provisions of this subsection (
are declared to be matters of both local and statewide concern requiring uniform compliance throughout the state.(f) In every charge of a violation of paragraph (b) of this subsection (
, the complaint, summons and complaint, or penalty assessment notice shall specify the speed at which the defendant is alleged to have driven and also the maximum lawful speed limit of seventy-five miles per hour.
10-26-2008, 05:40 AM
#2
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Join Date: Sep 2008
Location: Miami NMB
Posts: 110
This cop really had nothing better to do. That speed seems perfectly reasonable given those conditions. Speed limits down here are...guidelines. I'm always doing 20 over the speed limit, and on the highway, forget it, I'm gone!
Hope you work that out. Good Luck.
Hope you work that out. Good Luck.
10-26-2008, 05:59 AM
#3
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Location: Las Vegas
Posts: 1,120
damn that cop is a dick! going 9 over the speed limit? maybe in a school zone that ticket is reasonable , but not in a highway.
i think thats worse than my ticket, when i didnt use my turn signal.
good luck!
i think thats worse than my ticket, when i didnt use my turn signal.
good luck!
10-27-2008, 07:19 AM
#6
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Scinergy
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Location: Scion Heaven
Posts: 1,139
plead not guilty, then set another court date to contest it. Like ^^^ said, the cop won't show and you'll win by default. The worst that could happen is you'll have to pay court costs of approx. $40. It beats $110 + 2 points on your license.
10-31-2008, 11:39 PM
#16
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Originally Posted by IllusiveDreams
Its the 30th. Did he goto jail or something as there hasnt been any updates today.
"do you want to continue this?" I said no and went on to fight my case. Cop had little to say and the judge asked the cop a intresting question of "What judgment did you use in regards to this citation?" Cop said i was young and at a high risk.
Judge reviewed over my documents i brought him for about a couple minutes and then said, Case Dismissed.
So short and simple i won, but i couldn't celebrate, it was back home to chicken noodle soup, bed, and tv for 36 hours.
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