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Discussion Starter · #1 ·
So me and a fellow esportbiker went for a ride on Sunday (I'll let him remain anonymous). We both got tix for 64 and 60 in a 35 mph zone. What pissed me off was the road was easily a 45-50 mph type road. Two lanes, guard rails, divided from the other direction, etc. Here's my plan: I took photos of other similar roads that are higher limits and in worse conditions as well as the area they stopped us. AZ doesn't have a law against speeding, only for exceeding that which is "reasonable and prudent." They had for traffic stops in the 5 minutes we were there. So, either our speed was closer to reasonable or the entire "unreasonble" driving population drives on that road. Here's the AZ law I was cited for:

"A person shall not drive a vehicle on a highway at a speed greater than reasonable and prudent under the circumstances, conditions and actual and potential hazards then existing. A person shall control the speed of a vehicle as necessary to avoid colliding with any object, person, vehicle or other conveyance on, entering or adjacent to the highway in compliance with legal requirements and theduty of all persons to exercise reasonable care for the protection of others."

Considering the fact that it was straightaway, the officers stood in the middle of the road to stop us and didn't get hit, very light traffic, perfect weather, and good road conditions, I think we were reasonable. Add that to the fact that so many other drivers were going the same (+/- 5 mph) speed as us, I think I've got a case.

Forgive & forget. Just never forget when I forgive.
 

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you can try, but johny law is tough to beat in that situation, once again, was the cop wearing reflective clothing? ask if it's normal procedure for the state to stand their employees in the middle of speeding traffic with no precautions, as for the roads and conditions- it'll be tough. i got a ticket for a 45 in a 30 in a similar area to what you're talking about. connections got it dropped though- i lucked out. best of luck with that.
 

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<blockquote><font size=1>In reply to:</font><hr>

you can try, but johny law is tough to beat in that situation

<hr></blockquote>

I think Third knows what he is doing, after all, he is a former police officer himself/images/icons/smile.gif

 

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Good luck Third, let us know how you make out.
I'mm sure a lot of us want to know.


 

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<blockquote><font size=1>In reply to:</font><hr>

speed greater than reasonable and prudent

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Good ole "28-701.A" /images/icons/tongue.gif Third...were you guys in Phx.?? You know with what you know..and keeping with the flow of traffic....you should be able to at least reduce that on, if not bounce it out all together!!

 

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Discussion Starter · #7 ·
Willie, I could easily handle it and did for almost a decade. When my own business got better, I resigned and took on a reserve status. Now, I haven't even done that for a while.

R.A.U., we were on hwy 89 going up to Yarnell and onto Prescott.

Forgive & forget. Just never forget when I forgive.
 

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Discussion Starter · #9 ·
It didn't happen overnight, willie. I've been at it for several years.

Well, I think I'll just get a reduced fine if I can. The only way I'm sure to beat it is if Dept. Of Transportation says that improvements were made since the last speed survey. If they do, I'll fight it all the way. Wish me luck.

Forgive & forget. Just never forget when I forgive.
 

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ThirdNinja and RidinAssUp, is arizona one of them states where they don't extend curtosy to other cops? i know florida is big on writing out of state officers.

these pop-ups are killing me.

 

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Hey Third ~ Good luck. Check with a couple of engineering firms that do business with the Department of Transportation. Or check with DOT itself. I THINK in some states there are rules about the conditions necessary to set speed limits, place stop signs, etc. I know I've seen a few websites that describe these.

The point is that you may be able to prove that the speed limit was set artificially low. What you said you're using precedence. Somewhere at the DOT there should be guidelines to speed limits. I've heard stories of neighborhoods voting on a stop sign that later had to be removed because there was no justification for it. I know my father-in-law got a friend out of a ticket for running a red light. He proved that the yellow light was too short to stop in time from the speed limit.

San Diego had something similar -- the county or city set their yellow lights shorter at intersections with photo equipment to detect red-light runners. Same thing with metered parking -- studies in different locations (including LA) showed that many run fast causing drivers to run out of time on the meter early.
 

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I got a ticket on the same road for 61 in a 35. I was down in phoenix visting my folks for a week. Was it that cop with the stopwatch. that was a $445 ticket!! going to take the def driving course this weekend
 

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rc0017, Actually it depends on the officer AND the agency. I usually did (unless they were an a$$hole about being stopped...you know the ones that think you should have known they were a cop BEFORE you stooped them in their POV!) Our Highway Patrol is probably the worst one...if you don't know the officer personally or they don't know "of you" for whatever reason...chances are you're gettin' a pen whippin'!. Third probably ran into one of the officers (usually newbies/rookies) that didn't take into consideration that he had been on the job...probably longer than the one that wrote him.


 

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Discussion Starter · #14 ·
It was longer. He was on the job 3 years. Take into consideration the academy and FTO and such, he's been on his own for about a year to 18 months. Little bastard.

Forgive & forget. Just never forget when I forgive.
 

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thats pretty crazy. out here, cops don't write cops. unfortunately however, there are some that feel they have to take advantage of this.

 
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