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Another Speeding Ticket Question

(Click here to view the original thread on the MassCops Message Board)


Posted by: Cjbaker456

I was first in line at a stop light and when the light turned green I accelerated rather quickly, went up over an overpass, and in 1/4 mile the road ended and you had to take a left or a right.

The cop stopped me about 1/2 mile down the road after i had already taken a right.

He wrote me up for Going 50 MPH in a 30 MPH zone.
He checked off "Posted", "Clocked", and "Estimated" and wrote "1/4" and circled it.
He also wrote on the ticket "rapid acceleration from light-peeled out"

I went back to check for a speed limit sign, and the closest sign on the side of the road I was on was 1.1 miles behind where I originally was at the traffic light, and I never saw a posted sign because I had just turned onto the road about .5 mile before.

How can he "clock" me and also have "estimated" checked off? What does the 1/4 mean?

I looked up the law and it says that regardless of a posted sign on not, by MA law, you are considered speeding if....

"A motor vehicle is operated on any other way (that is not a divided highway) outside a thickly settled or business district at a rate of speed exceeding forty miles per hour for a distance of a quarter of a mile, or...inside a thickly settled or business district at a rate of speed exceeding thirty miles per hour for a distance of one-eighth of a mile.

So a highway overpass would not be considered a thickly settled area or a business district, therefore the Speed limit was 40 MPH, not 30 MPH Like the officer wrote. Also the law states that to be speeding, you have to go over 40 MPH for 1/4 mile, and it is not possible I could have been going over 40 MPH for a 1/4 mile on that road, because the road was only 1/4 mile long.

He is trying to tell me I went from a complete stop, up to 50 MPH (for 1/4 mile), and then slowed down to make the turn at the end all within the 1/4 mile from the stop light to the end of the road (I measured it). Its BS.

What Do you Guys think?????



Posted by: lofu

I think you should appeal it to a judge. You will waste a day off and the officer will have to come in on overtime. Either way, you win.



Posted by: USMCTrooper

First, never ask a question like that here.

Second, read your law carefully..."Unless a way is otherwise posted in accordance with the provisions of section eighteen,". Distances do not apply under 90-18.


Third, estimated is akin to looking at something and saying "that looks like it costs $100". Clocked is like then having a price check done and finding out it costs $99.99.


Fourth, a quarter mile is 2,680 feet. If you had traveled 30 mph for the entire 1/4 mile, it would have taken you 58 seconds to go that far. Thats a long time.


Fifth, whatever you drive has a near 100% chance of accelerating up to 50 mph in a matter of seconds. A 4 cylinder Chevrolet Cavalier can go 0 to 60 in just 8.0 seconds.



Sixth, make the check payable to the RMV and slow down next time.



Posted by: Mikey682

Quote:
Originally Posted by USMCTrooper
Sixth, make the check payable to the RMV and slow down next time.
Ohhhhh SCHNAP!



Posted by: dcs2244

Kid,

What type of vehicle were you driving (year/make/model, engine etc...)? I'll do the math for you, but if you can't violate the posted limit in a 1/4 mile, you're driving a Yugo.

A quarter mile is 1,320 feet...that's a lot of distance to accelerate.



Posted by: 40th MPOC#309

I absolutely will NOT second guess or backbite another Police Officer/Trooper's decision. PERIOD! I did not witness what he did and was not in his shoes.



Posted by: dcs2244

Relax, guy...let the lemming speak...I have the answers, he just needs to "fill-in-the-blanks".



Posted by: Cjbaker456

Myabe it was my mistake interpreting the law...... I thought the law was your have to be in excess the speed limit for more than 1/4 mile. If thats not the case, then I am at fault and appologize.



Posted by: 40th MPOC#309

Sorry Dave. I get sick of the "How can this Cop do this to me?" questions. I get them all the time. Mrs. 40th & I just tell people I work for the town....



Posted by: dcs2244

Yeah, I know...I am sick of it as well...but the lemmings do not know any better, they are watching "Blow Out" on Bravo and actually think it means something!

I say: Let the lemming speak...he cannot learn unless we inform him. Trite comments and outright hostile attacks serve to drive them away. The purpose of this forum is to allow them to ask questions and to have them answered to the best of our ability.

It is only after the situation is explained and they keep making "stupid" comments, that we should kick their sacks in...

As for "Jonathan"...come to Massachusetts, you spoiled welp!



Posted by: GMACK24

um slow down : )



Posted by: dcs2244

Nice dodge, GMACK (not MoPar!)...let the lemming say his piece...it's his question and he deserves an answer...and not a lot of smart a$$ bull hockey!

Just my two P.



Posted by: Wolfman

Isn't there a rule that, don't you get, like, 10 over? Otherwise it's entrapment. I know it's true, I read it on the Internet.

...and I also read on the Internet that "whelp" has an "h" in it.



Posted by: 94c

Quote:
Originally Posted by USMCTrooper
Fourth, a quarter mile is 2,680 feet. If you had traveled 30 mph for the entire 1/4 mile, it would have taken you 58 seconds to go that far. Thats a long time. .
I wouldn't mind getting cited by you with your knowledge of distances. What do you run radar with? a squirt gun?



Posted by: Delta784

Quote:
Originally Posted by USMCTrooper
Fourth, a quarter mile is 2,680 feet.
I stink at math, but isnt a 1/4 mile actually 1,320 feet?



Posted by: Wolfman

Maybe he meant 1/2 mile...still off a bit but a lot warmer...

I stink at math too. I keep my fly open in case I need to count to 11.



Posted by: RPD931

I don't care if you're speeding within 2680 feet or 4 feet, if you're speeding 20 mph over, you ARE gigged! It doesn't matter if I stop you at the moment I see you, or if I follow you for a while. I might follow the lemming to make sure he's not OUI.

As far as the "Estimated" box goes, thats easy. When Po Po looks at you and thinks "gee, he's moving pretty fast" that's where the estimated part kicks in. Then he follows you, "Clocked". The 30 mph sign 1 mile back is where it is "posted". As there were no additional postings for speed change, it's still 30. And if you turned on before the sign you need to think about the area. If the road was posted 30, it's probably because its a thickly settled area and would be 30 or less. Did you miss that part in Drivers Ed?



Posted by: SinePari

I think most towns have "30 mph, unless otherwise posted" limits. The officer decides where to stop you, not necessarily where the infraction takes place. Safe area, visibility, radio strength, are all factors where to stop.

http://www.beatmyspeedingticket.com/



Posted by: dcs2244

Actually, "welp" is spelt with or without the "h"...either way is correct, though "whelp" is more common...I'll put a "h" in the word from now on, in the interest of peace!



Posted by: Wolfman

I'm sure you meant "spelled"...

Main Entry: spelt
Pronunciation: 'spelt
Function: noun
Etymology: Middle English, from Old English, from Late Latin spelta, of Germanic origin; perhaps akin to Middle High German spelte split piece of wood, Old High German spaltan to split -- more at SPLIT
: a wheat (Triticum aestivum spelta) with lax spikes and spikelets containing two light red kernels





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