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Did the cop show up to your court date? Did they provide any information to the judge? Did you truly not know the speed of the road you were on, and was that
by dekhn 3y ago
Did the cop show up to your court date? Did they provide any information to the judge? Did you truly not know the speed of the road you were on, and was that because the sign was obstructed, or is that the argument you made in court?
It seems like in this situation I could have honestly answered "no, I did not know the speed limit".
I mean, where I said I'd know the speed limit above, if it was truly obscured, I think I would be playing it safe and judge things on what the road looked like, whether there was a school there, and the weather and other ambient conditions.
- ryandrake 3y agoYea, the cop showed up, presented his evidence, I argued that absent a posted limit I was following the state's default limit for that type of road, and brought a photograph of the nearest speed limit sign obscured by a tree branch as evidence that I could not have known the posted (lower) limit. Judge found it convincing. I noticed that the branch was trimmed two weeks later. I did not answer any of the officer's questions during the stop, but did identify myself and hand him all the documents he requested. I figured I wasn't going to avoid the ticket using my mouth, so I saved it for the judge.
- dekhn 3y agoOK, fair enough. You acted in good faith during the court date and chose not to answer questions or get adversarial with the cop during the stop. And you were technically correct, with evidence, which is best kind of correct. How did you proceed past the initial questions, IE how did you refuse to answer in a polite way (I'm curious because there is a whole genre of youtube videos of cops stopping people and the driver getting in an adversarial situation by refusing to talk). Also, just out of curiosity, what was the default limit for that type of road, and what was the posted speed limit? Are we talking "driving 35 in a 25 zone". Any other contextual information, like weather conditions, nearby school, recently changed limit, etc? The cops that park at the school near me usually don't stop people unless they are driving 45+ in our 25 zone.
- ryandrake 3y agoI just ignored his question and immediately handed him the documents he required without any resistance. I didn't talk back or question him or even remotely cop an attitude. I'm sure I got lucky that the cop didn't feel like pressing further with his gotcha script. I am white which probably helped immensely too. Unfortunately that still matters--I can acknowledge my privilege. I watch a lot of those YouTube traffic stop videos (they are addicting), and a lot of suspects in these videos talk themselves into (or attitude themselves into) an arrest. Not to mention incriminating themselves. You know the ones who don't make it onto YouTube? The ones who shut the fuck up and probably end up much better off.