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kryssy325
Sep 22, 2009, 08:39 AM
Hi, in NY, Suffolk county, I was returning from a trip and was passing the town of Southold I was pulled over for speeding. The officer said I was doing 58 on a 45 mph zone. I was sure it was 55, he then said "maam, the speed limit is 45 from here all down route 48. I took the speeding ticket and consulted with my attorney. I live an hour away from Southold.



In court the D.A offered me 25 hrs community service and no points or a parking violation fee and 2 pts, I took the 2 points and paid $185.

As I'm leaving Southold to head home I pass the very spot where I was pulled over and maybe a quarter of a mile before I saw the sign clear as day... 55 MPH! 2 miles ahead the speed limit changed to 45 mph.

I feel he did that on purpose, which is why he mentioned the speed limit was 45 because he knew I would see the sign and not contest it.

I really bothered by this and would really like any information on how can I go about making a complaint about that officer. Is there a way I can get my money refunded and the points taking off? Its really unjust!

I feel he did that because many people travel through Southold to get to the ferry. He assumed Id plead guilty and mail in a payment and that was it.

Any advice will be helpful

Thanks:)

ballengerb1
Sep 22, 2009, 08:54 AM
It is a mute point because you have taken a guilty plea. The sign showing the speed limit leaving town isn't necessarily the same speed coming into town. When the speed changes is frequently is at the same spot in both direction but not 100% of the time.

kryssy325
Sep 22, 2009, 09:28 AM
See, it was 55 mph where I was pulled over at. That's a fact. Would I have been stopped for 3 mph over? Cars were zooming past me so I highly doubt that.

I did plead guilty only because I assumed the officer was right. But he was wrong.

I just made it a point to look to see on my way back.

ballengerb1
Sep 22, 2009, 09:32 AM
Once you make your plea it is very difficult, costly and frequently unwise to try to change it. If you really want to go further you will need an attorney which will cost you more than that $185

kryssy325
Sep 22, 2009, 09:36 AM
So basically It doesn't help to write letters or inform the right people about this officers mistake. He just gets away with hitting people with these costly tickets? In other word, I should just bite the bullet on this?

excon
Sep 22, 2009, 09:37 AM
I did plead guilty only because I assumed the officer was right. But he was wrong.Hello kryssy:

It's NOT illegal for cops to lie. I know. I don't like it either.

excon

kryssy325
Sep 22, 2009, 09:45 AM
Hi excon,

Yea, they lie but I should at least be able to file a complaint. I just hate not being able to do anything about it:(

P.s your funny lol

Fr_Chuck
Sep 22, 2009, 10:43 AM
First not where he pulled you over but where he first saw you. Often I did not stop cars for a mile or two down the road , time to get my car on road and catch up with other driver.

Next you already pleaded guilty, so really nothing you can do.

ScottGem
Sep 22, 2009, 10:57 AM
As I'm leaving Southold to head home I pass the very spot where I was pulled over and maybe a quarter of a mile before I saw the sign clear as day...55 MPH!! 2 miles ahead the speed limit changed to 45 mph.


This is not clear. Where you traveling in the same direction as the time you got the ticket? If you were, what was the last sign BEFORE the 55 mph sign? Speed limits are applicable from the moment you pass a sign until you see a sign that changes it.

So, according to you, you passed the spot where you were pulled over and AFTERWARDS saw a 55 MPH sign. That sign, therefore was not applicable. You need to back to the first speed limit sign prior to the 55 MPH sign to determine what was the limit when you were pulled over.

If you were traveling in the opposite direction, then you need to travel the road in the direction you were traveling when you got the ticket and record the last speed limit sign before the spot you were pulled over as WELL as the sign prior to that. As Chuck said, he could have clocked in you a 45 mph zone, but didn't pull you over until you entered a different zone. A quarter mile could easily mean that.

Bottomline is, if you want to fight this and you think you have proof that you were not speeding before being pulled over, you may be able to enter an appeal. But I think its not going to be worth the hassle since your chance of winning is not great.

ballengerb1
Sep 22, 2009, 12:35 PM
Plus you ticket usually only gives a vague desciption of your location. If this officier is railroading you he would just lie and say you went past the 45 mph sign and then he pulled you over, I'd stick a fork in this, its done.

kryssy325
Sep 28, 2009, 01:06 PM
I see

Scott, the speed limit was 55mph.


Guess, if he was willing to pull me over and give me a ticket... I didn't deserve, the yea... he'll lie. Oh, well:( Its just wrong.

Thanks guys!