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Got hit with the "Corvette Tax'' today (long)

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Old 07-01-2008, 05:18 PM
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tjackson82
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Default Got hit with the "Corvette Tax'' today (long)

After going 20-plus years without getting a ticket -- not even for parking -- I got nailed this morning.

Here's what happened:

On a six-lane surface street near my home, there's an elementary school, and a marked school zone with flashing lights on the main highway.
I was driving past the school, which is not in session, and the zone lights were turned off, when several cars in front of me braked to 15 mph, apparently in the belief that school zones apply all the time, even when school's out.
I pulled into the middle lane and passed them -- all at a speed below the posted 45mph normal limit.
Out pops a Florida Highway Patrol cruiser -- I had seen him in the far left lane several cars back -- and he hits me with the lights.
He tells me that he's ticketing me for too fast in a school zone. I say, "But school is out for the summer and the lights weren't flashing.'' He says it doesn't matter, a school zone is a school zone regardless of whether the school is open.
He says, "You didn't notice those cars properly slowing to 15 mph?'' I said, "Yeah, I did, but I assumed they didn't notice the lights were off and that the school was closed.''
As he handed me the ticket, which I plan to fight, I had to wonder if I hadn't been driving a VY convertible, would he have pulled me over?
Did I just get hit with the "Vette Tax'' I've heard mentioned here before?
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Old 07-01-2008, 05:23 PM
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johnodrake
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Originally Posted by tjackson82
After going 20-plus years without getting a ticket -- not even for parking -- I got nailed this morning.

Here's what happened:

On a six-lane surface street near my home, there's an elementary school, and a marked school zone with flashing lights on the main highway.
I was driving past the school, which is not in session, and the zone lights were turned off, when several cars in front of me braked to 15 mph, apparently in the belief that school zones apply all the time, even when school's out.
I pulled into the middle lane and passed them -- all at a speed below the posted 45mph normal limit.
Out pops a Florida Highway Patrol cruiser -- I had seen him in the far left lane several cars back -- and he hits me with the lights.
He tells me that he's ticketing me for too fast in a school zone. I say, "But school is out for the summer and the lights weren't flashing.'' He says it doesn't matter, a school zone is a school zone regardless of whether the school is open.
He says, "You didn't notice those cars properly slowing to 15 mph?'' I said, "Yeah, I did, but I assumed they didn't notice the lights were off and that the school was closed.''
As he handed me the ticket, which I plan to fight, I had to wonder if I hadn't been driving a VY convertible, would he have pulled me over?
Did I just get hit with the "Vette Tax'' I've heard mentioned here before?

You win this one. Most zones say 'when flashing"
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Old 07-01-2008, 05:24 PM
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lexaudio
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Just look up the vehicle code on line, that is on your ticket, and see what it says about school zones.

I doubt that you were hit with a tax. The trooper probably believed that a school zone is always active.

I doubt that is so look up your infraction code and see what the state law is for school zones.

http://en.wikipedia.org/wiki/School_zone

If you didn't violate that law because school was out, and the flashing lights weren't on, plead not guilty.

They'll set a trial date and go before the judge and state the law.

It will get dismissed.

LEX
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Old 07-01-2008, 05:26 PM
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RACN1320
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Originally Posted by johnodrake
You win this one. Most zones say 'when flashing"
I always drive through school zones at full speed if the lights are off. I don't think this had anything to do with your Vette, I think it has everything to do with the fact that cops have power and like to use it.
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Old 07-01-2008, 05:28 PM
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lexaudio
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Here's your answer

WHAT IS THE LAW IN REGARD TO SCHOOL SPEED ZONES AND SCHOOL BUSES?

Florida Statutes, Chapter 316.1895 is entitled “Establishment of school speed zones,
enforcement; designation.” Section 316.1895(5) states that "A school zone speed
limit may not be less than 15 miles per hour except by local regulation. No school
zone speed limit shall be more than 20 miles per hour in an urbanized area, as
defined in Section 334.03. Such speed limits may be in force only during those
times 30 minutes before, during, and 30 minutes after the periods of time when
pupils are arriving at a regularly scheduled breakfast program or a regularly
scheduled school session and leaving a regularly scheduled school session."

Statute 316.1895(6) states that “Permanent signs designating school zones and
school zone speed limits shall be uniform in size and color, and shall have the times
during which the restrictive speed limit is enforced clearly designated thereon. The
Department of Transportation shall establish adequate standards for the signs.”

Different types of speed limit signs are used for school zones in Florida.
Some have flashers which serve the purpose of advising motorists when the school
zones are in effect. When these flashers are set and used properly, they are very
effective. They alert the motorist to the need for caution and slower driving when
the appropriate conditions exist. A school speed limit sign without flashers, while
not as helpful to the motorist, is just as legally binding as the flasher sign. Drivers
are reminded to be especially alert during those hours when children are on the
streets.

You had a flasher that was off, indicating that no school session was in.

You win.

LEX
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Old 07-01-2008, 05:30 PM
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Originally Posted by RACN1320
I think it has everything to do with the fact that cops have power and like to use it.
Right, but officers get schooled by the judge when they make mistakes and don't know the proper law.

If the officer has a history of writing bogus tickets, he'll get a word from the judge.

LEX
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Old 07-01-2008, 05:32 PM
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Originally Posted by RACN1320
I always drive through school zones at full speed if the lights are off. I don't think this had anything to do with your Vette, I think it has everything to do with the fact that cops have power and like to use it.
That is flat out bulls$%t. In the same vein then every person who owns a Corvette likes to haul *** and break traffic laws?

Don't paint all LEO's with the same brush. And we do not have Power, we have the authority granted by laws passed by your elected officials.

Jesus - the Trooper was wrong - and the OP will get his day in court and prove it. I can almost guarantee that after court, the Judge will ream the Troopers *** off.

Christ, I get pulled over and get cited too (last one was for no front plate). Just because some LEO's act like dicks doesn't mean all are like that.
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Old 07-01-2008, 05:37 PM
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knkali
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I thought a school zone is always 20 mph and 15 when children are present. So if the lights were not flashing the zone law is still in effect.
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Old 07-01-2008, 05:41 PM
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badgervette
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What you got hit with was not the Vette tax, but the VY vert tax...
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Old 07-01-2008, 05:43 PM
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Keep us updated.....
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Old 07-01-2008, 05:55 PM
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Originally Posted by badgervette
What you got hit with was not the Vette tax, but the VY vert tax...
I like it!
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Old 07-01-2008, 05:59 PM
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0MarylandSpeed
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Color means everything. My machine silver 07 used to fly under the radar no issue. Now with the VR Z06, I might as well be rolling around town naked...everyone looks.
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Old 07-01-2008, 06:12 PM
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school zone laws vary state to state but the Law will be writen if a fairly black and white way. Most of the time if they have the flashing lights in most states that is when the zone is enforced. other wise it would be a waste of power to run the flashing lights.

fight it and you should win according to the statute posted above. I got a careless driving ticket last year in my mustang. Cop said I accelerated to fast.

went to court. he had not speed on me and admitted that I was in control of the vehicle. the judge threw it out.

Bottom line a cop can write a ticket for anything he wants but that does not mean you are guilty.
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Old 07-01-2008, 06:18 PM
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Thats just unexcusable. I mean come on, at least know your job. If I were that incompetant then I would be out of business. These guys do go to the acadamy for a reason, right?
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Old 07-01-2008, 06:23 PM
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You should win it because there was no school in session, so there is nothing to enforce there because there were no students. If school was in session, ok, but in this case you win. Good luck.
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Old 07-01-2008, 06:23 PM
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Originally Posted by MarylandSpeed
Color means everything. My machine silver 07 used to fly under the radar no issue. Now with the VR Z06, I might as well be rolling around town naked...everyone looks.
I have the twin to yours and EVERYONE looks.
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Old 07-01-2008, 06:30 PM
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[QUOTE=lexaudio;1566132657]Here's your answer

WHAT IS THE LAW IN REGARD TO SCHOOL SPEED ZONES AND SCHOOL BUSES?

Florida Statutes, Chapter 316.1895 is entitled “Establishment of school speed zones,
enforcement; designation.” Section 316.1895(5) states that "A school zone speed
limit may not be less than 15 miles per hour except by local regulation. No school
zone speed limit shall be more than 20 miles per hour in an urbanized area, as
defined in Section 334.03. Such speed limits may be in force only during those
times 30 minutes before, during, and 30 minutes after the periods of time when
pupils are arriving at a regularly scheduled breakfast program or a regularly
scheduled school session and leaving a regularly scheduled school session."

Was going to post the above statute also, school was not in session and as such the above statute would prove you right and the officer wrong in a court of law. Fight the ticket, I have a great lawyer for traffic tickets, he's an *** on the phone but effective in court. PM me if you want his number he's in Ft Lauderdale.
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Old 07-01-2008, 07:14 PM
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Originally Posted by lexaudio
Here's your answer

WHAT IS THE LAW IN REGARD TO SCHOOL SPEED ZONES AND SCHOOL BUSES?

Florida Statutes, Chapter 316.1895 is entitled “Establishment of school speed zones,
enforcement; designation.” Section 316.1895(5) states that "A school zone speed
limit may not be less than 15 miles per hour except by local regulation. No school
zone speed limit shall be more than 20 miles per hour in an urbanized area, as
defined in Section 334.03. Such speed limits may be in force only during those
times 30 minutes before, during, and 30 minutes after the periods of time when
pupils are arriving at a regularly scheduled breakfast program or a regularly
scheduled school session and leaving a regularly scheduled school session."


Statute 316.1895(6) states that “Permanent signs designating school zones and
school zone speed limits shall be uniform in size and color, and shall have the times
during which the restrictive speed limit is enforced clearly designated thereon. The
Department of Transportation shall establish adequate standards for the signs.”

Different types of speed limit signs are used for school zones in Florida.
Some have flashers which serve the purpose of advising motorists when the school
zones are in effect. When these flashers are set and used properly, they are very
effective. They alert the motorist to the need for caution and slower driving when
the appropriate conditions exist. A school speed limit sign without flashers, while
not as helpful to the motorist, is just as legally binding as the flasher sign. Drivers
are reminded to be especially alert during those hours when children are on the
streets.

You had a flasher that was off, indicating that no school session was in.

You win.

LEX
It appears the flashers do not matter, it is only IF school is in session.
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Old 07-01-2008, 07:19 PM
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Call the Ticket Clinic or similar. They'll handle everything for a very reasonable fee plus court costs. There's a very high probability it will be dismissed.

I live right near you, they have local offices here, but I did it all online. It worked.


http://www.theticketclinic.com/

Last edited by 2009 C6; 07-01-2008 at 07:23 PM.
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Old 07-01-2008, 07:23 PM
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what a waste of time and tax payer's money.
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