Police Officer Preparation & Law Enforcement Resource - Archive

I was traveling into a small town on a 4 lane open road, 25 ft. median on the way to an appointment at the hospital for a procedure. I was behind 2 cars that were traveling 63 MPH side by side. Speed limit + 65 mph. After about 3 miles, the right side driver increases speed and a gap opens. Once I had enough room to safely clear, I accelerated to begin the pass and prepared to signal for a lane change. Just as I started to accelerate though, so did the guy in the left lane. I saw this and hit passing gear. I wasn't interested in getting stuck behind this guy the rest of the way and miss my appointment. Speed climbed quickly as it is a performance car. Once I was clear, I signaled, moved over and acheived a little distance betwen me and the other driver and then started my slow down. I knew I was approaching a city limits and the speed limit was lower there. Now, while this happened, I passed a State Trooper who was parked across the road right behind another car (gave ticket to) and just pulled out as I drove by. Also, the speed limit dropped from 65 to 55 as I went past the officer. I was pulled over and given a ticket for doing 85 in a 55 zone based on his radar unit. I never saw the 55 speed zone sign due to the vehicle in the right lane was a van and I was more concerned with watching the car I just passed. However, I was no more than 1/4 mile into the 55 zone. I had started this whole process well back in the 65 zone and actually was done while still in the 65 zone, just not slowed down yet. What I would appreciate is an honest opinion or two about why the officer would not take any of this into consideration when writing that ticket. Why hit me with 85 in a 55 when in reality I was doing 85 in a 65 and then slowing within 1/4 mile of the speed change. What do you also think the Judge will do in this case ? Are we allowed to plead guilty with mitigating circumstances ? I had just returned from Afghanistan and will be going back in May. I would like to get a feel for what to expect before I go. Thanks gentleman !

I was traveling into a small town on a 4 lane open road, 25 ft. median on the way to an appointment at the hospital for a procedure. I was behind 2 cars that were traveling 63 MPH side by side. Speed limit + 65 mph. After about 3 miles, the right side driver increases speed and a gap opens. Once I had enough room to safely clear, I accelerated to begin the pass and prepared to signal for a lane change. Just as I started to accelerate though, so did the guy in the left lane. I saw this and hit passing gear. I wasn't interested in getting stuck behind this guy the rest of the way and miss my appointment.

Should have left earlier


Speed climbed quickly as it is a performance car. Once I was clear, I signaled, moved over and acheived a little distance betwen me and the other driver and then started my slow down. I knew I was approaching a city limits and the speed limit was lower there. Now, while this happened, I passed a State Trooper who was parked across the road right behind another car (gave ticket to) and just pulled out as I drove by. Also, the speed limit dropped from 65 to 55 as I went past the officer. I was pulled over and given a ticket for doing 85 in a 55 zone based on his radar unit. I never saw the 55 speed zone sign due to the vehicle in the right lane was a van and I was more concerned with watching the car I just passed.

Your desire to not be late doesn't give you any right to speed.


However, I was no more than 1/4 mile into the 55 zone.

The zone is there but you didn't want to be late remember ??

I had started this whole process well back in the 65 zone and actually was done while still in the 65 zone, just not slowed down yet. What I would appreciate is an honest opinion or two about why the officer would not take any of this into consideration when writing that ticket.

You can plead not guilty and have your day in court. None of us were there and if you were too busy speeding and trying to not be late I,ll suspect that you dont know exactly where you were.

Why hit me with 85 in a 55 when in reality I was doing 85 in a 65 and then slowing within 1/4 mile of the speed change. What do you also think the Judge will do in this case ?


We aren't judges ( yet) so you would have to ask the judge.

Are we allowed to plead guilty with mitigating circumstances ?

Not in my state.

I had just returned from Afghanistan and will be going back in May. I would like to get a feel for what to expect before I go. Thanks gentleman !

Burn off the points while overseas. And maybe choose to either drive slower or get a slower car that isnt as fast.

It's a cut and dry case. People always say that they don't see the sign. That's not an excuse. The only thing that matters is that the sign was there and the zone was properly posted. It also doesn't matter if you slowed within 1/4 mile of entering the 55mph zone. You were still going 85 in a 55. It also doesn't matter that you accelerated to pass another vehicle (a vehicle, by the way, which was only going 2mph under the speed limit). There's no asterisk on a speed limit sign that says you can exceed the limit in order to pass someone.

Tell that story in a court here and you'll get slapped with the full fine, court costs, and probably driving school too. Judges here don't like it when people go to court and waste their time by telling stories like this that offer no proof of why they are not guilty of the offense charged. Nothing you have written refutes the claim that you were going 85mph when you entered the 55mph zone.